Annual Report to Parliament on the Privacy Act April 1, 2014 to March 31, 2015

Table of Contents

Introduction 
Our Mandate 
Our Mission 
Privacy Activities 
Historical Trend Analysis 
Appendix A - Statistical Report 
Appendix B – Additional Reporting 
Appendix C - Delegation Order 

INTRODUCTION

The Office of the Correctional Investigator is pleased to submit to Parliament its annual report on the administration of the Privacy Act ( PA ) for the fiscal year commencing on April 1, 2014 and ending March 31, 2015. This report is submitted in accordance with section 72 of the Act .

The Privacy Act took effect on July 1, 1983. The PA extends to individuals the right of access to information held by the government, about themselves, subject to certain specific and limited exceptions. The Act also protects individuals’ personal information and gives individuals substantial control over its collection, use and disclosure.

OUR MANDATE

The Office of the Correctional Investigator is mandated by Part III of the Corrections and Conditional Release Act as an Ombudsman for federal offenders. The primary function of the Office is to investigate and bring resolution to individual offender complaints. The Office as well, has a responsibility to review and make recommendations on the Correctional Service's policies and procedures associated with the areas of individual complaints to ensure that systemic areas of concern are identified and appropriately addressed.

OUR MISSION

As the ombudsman for federally sentenced offenders, the Office of the Correctional Investigator serves Canadians and contributes to safe, lawful and humane corrections through independent oversight of the Correctional Service of Canada by providing accessible, impartial and timely investigation of individual and systemic concerns. While an independent organization, the Office of the Correctional Investigator is part of the Public Safety and Emergency Preparedness portfolio.

PRIVACY ACTIVITIES

The Minister of Public Safety and Emergency Preparedness is the designated head of the institution for the Privacy Act . The Correctional Investigator has been delegated full authority under the Privacy Act by the Minister. Limited authority under the Act has been delegated to the Access to Information and Privacy Coordinator. The delegation of authority to administer the Act was confirmed by the Minister of Public Safety and Emergency Preparedness on January 21, 2014 ( see Appendix C ).

While the responsibilities of ATIP Coordinator are assigned to the Director of Corporate Services and Planning, the actual processing of requests and any associated activities are generally carried out by a consultant. It is felt that this is the most cost effective utilization of resources and delivery of these activities.

The ATIP Coordinator is accountable for the development, coordination and implementation of effective policies, guidelines, systems and procedures to ensure the OCI ’s responsibilities under the Privacy Act are met and to enable appropriate processing and proper disclosure of information. The Coordinator is also responsible for related policies, systems and procedures emanating from the Act .

The main activities of the ATIP Coordinator include:

• Processing requests under the Act ;
• Developing and maintaining policies, procedures and guidelines to ensure the Act is respected by the Office;
• Promoting awareness of the Act to ensure the organization’s responsiveness to the obligations imposed on the government;
• Monitoring the Office’s compliance with the Act , regulations and relevant procedures and policies;
• Preparing annual reports to Parliament and other statutory reports, as well as other material that may be required by central agencies;
• Representing the Office in dealings with the Treasury Board Secretariat, the Privacy Commissioner and other government agencies regarding the application of the Act as they relate to the OCI ; and
• Supporting the Office in meeting its commitments in relation to greater openness and transparency through proactive disclosure of information nd the disclosure of information through informal avenues.

During the Reporting Period:

Twenty-eight (28) requests were received and there were 7 outstanding requests from the previous reporting period for a total of 35 requests. Twenty-seven (27) of these requests were disclosed in part; none were abandoned, and 4 were carried forward to the next reporting period. All but 7 of these requests were processed within the legislative time frame. Extensions were required for 15 of the requests. There were no significant issues surrounding these 28 requests.

Monitoring of the time required to process these privacy requests was completed in preparing the historical trend analysis below; moreover, discussions with the consultant on this matter with a view to improving response times occurred.

There was no formal privacy-related training conducted; however, advice, guidance and recommendations were provided by the consultant on an as required basis to Management and staff.

There were no new OCI -specific privacy related procedures, policies or guidelines implemented. However, preliminary work began on the customization of an electronic ATIP system for implementation in the 2015-16 reporting period.

There were no material privacy breaches; no Privacy Impact Assessments ( PIA s) were completed; no new data sharing activities took place and the Office made no disclosures of personal information pursuant to subsection 8(2)(m) of the Privacy Act .

The OCI did not receive any complaints.

For 2014-15, the costs directly associated with the administration of the Privacy Act are estimated at $65,418.00.

Staff - $6,474.00 
Consultant fees - $58,944.00

The associated employee resources for 2014-15 are estimated at 0.25 FTE for administering the Privacy Act .

HISTORICAL TREND ANALYSIS

Over a five year period, from 2010-11 to 2014-15, the OCI received an average of 18 requests annually; the lowest number of requests received in one reporting period was 13 and the highest number of requests received in one reporting period was 28. The average completion time within 30 days was 47% of all requests; the average completion time within 60 days was 28% of all requests; and the total average completion rate from 1 to 60 days was 75% of all requests.

The Source of the Requests was always the Public. With regards to the number of pages processed, an average of 5,602 was recorded; the highest number of pages processed in one reporting period was 28,010; and finally, the lowest number of pages processed in one reporting period was 603.

The most frequently used exemptions were:

• 26: 50%
• 22(1)(c): 22%
• 22(1)(a): 11%
• 21(1)(c): 5%

A total of 47 Extensions for Consultations were recorded for an average of 9.4 per reporting period; the highest number of extensions in any given reporting period was 12 the lowest number of extensions in any given reporting period was 4.

One (1) consultation was received from another government organization.

This baseline data will be used in future years to assess trends, inform ongoing improvement in the processing of Privacy requests and implement corrective measures.

APPENDIX A - Statistical Report on the Privacy Act 

Name of institution: Office of the Correctional Investigator

Reporting period: 2014-04-01 to 2015-03-31

PART 1 - Requests Under the Privacy Act 

PART 2 - Requests Closed During the Reporting Period

2.5 Complexity

2.6 Deemed refusals

PART 3 - Disclosures Under Subsection 8(2) and 8(5)

PART 4 - Requests for Correction of Personal Information and Notations

PART 5 - Extensions

PART 6 - Consultations Received from Other Institutions and Organizations

Part 7 - Completion Time of Consultations on Cabinet Confidences

Part 8 - Complaints and Investigations Notices Received

Part 9: Privacy Impact Assessments ( PIA s)

Number of PIA (s) completed: 0

Part 10: Resources Related to the Privacy Act 

Note: Enter values to two decimal places.

Appendix B - Additional Reporting

Appendix C - Delegation Order

Privacy Act Delegation Order

The Minister of Public Safety and Emergency Preparedness, pursuant to section 73 of the Privacy Act , hereby designates the persons holding the positions set out in the schedule hereto to exercise the powers and perform the duties and functions of the Minister as head of a government institution, that is, the Office of the Correctional Investigator, under the sections of the Act set out in the schedule opposite each position.

Schedule

Position 

Correctional Investigator 
Executive Director and General Counsel 
Access to Information and Privacy Coordinator

Sections of the Privacy Act 

8(2)(j), 8(2)(m), 8(4), 8(5), 9, 10, 14, 15, 17(2), (3), 18(2) 19 to 28 incl., 31, 33(2), 35(1), 35( 4), 36(3), 37(3), 51, 72(1).

Section of the Regulations 

9, 11(2), 11(4), 13(1), 14.

Dated at the City of Ottawa this 21st day of January, 2014

Signed by: 
Steven Blaney, P.C., M.P. 
Minister of Public Safety and Emergency Preparedness

Date modified 
2015-08-25