Annual Report to Parliament on the Administration of the Privacy Act 2014-2015

1. INTRODUCTION

The Privacy Act (Act) provides individuals with a right of access to their personal information and protects the privacy of individuals with respect to personal information under the control of government institutions.

This Annual Report was prepared in accordance with section 72 of the Act, which stipulates that annual reports on privacy shall be tabled in Parliament.

2.  ABOUT THE CIVILIAN REVIEW AND COMPLAINTS COMMISSION FOR THE ROYAL CANADIAN MOUNTED POLICE

On November 28, 2014, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police (CRCC) came into existence pursuant to the Enhancing Royal Canadian Mounted Police Accountability Act, SC 2013, c. 18, s. 35. The CRCC replaced the former Commission for Public Complaints Against the RCMP (CPC), assuming the same mandate but with the addition of supplementary powers and duties. As did its predecessor, the CRCC provides civilian review of RCMP members' conduct in performing their policing duties so as to hold the RCMP accountable to the public.

The CRCC's main role is to take public complaints about members of the RCMP. These complaints are then forwarded to the RCMP for initial investigation as mandated by the Royal Canadian Mounted Police Act; however, if the complainant is dissatisfied with the response that he or she receives from the RCMP, the CRCC will review the complaint with a view to determining the reasonableness of the RCMP's response. In appropriate cases, the CRCC will undertake its own investigation or hearing into a complaint. The Chair of the CRCC also has the power to file his or her own complaint if he or she feels that a matter is deserving of investigation.

Additionally, even in the absence of a public complaint, the CRCC is empowered to conduct a review of RCMP activities to evaluate compliance with legislation, regulations, ministerial directions, policy, procedures and/or guidelines.

3.  NOTE ABOUT FIGURES

The figures and statistics discussed in this report with respect to the CRCC reflect the combined Access to Information and Privacy (ATIP) activities of both the former CPC (until November 27, 2014) and the new CRCC (as of November 28, 2014) during the reporting period of April 1, 2014 through March 31, 2015.

4.  ATIP RESPONSIBILITIES

At the CRCC, the Access to Information and Privacy (ATIP) Unit consists solely of the ATIP Coordinator. The ATIP Coordinator processes all requests from the public and consultations from other departments or agencies. The ATIP Coordinator also provides advice to CRCC employees and senior officials on ATIP-related matters, prepares annual statistical reports, ensures the ongoing accuracy of Info Source, prepares completed Access to Information summaries for proactive disclosure on the CRCC's website, participates in forums for the ATIP community and monitors changes in ATIP policy, guidelines and directives.

When processing requests and consultations under the Access to Information and Privacy Acts, the ATIP Coordinator also benefits from some administrative assistance from personnel in the Information Management Unit of the CRCC.

The Executive Director, under delegated authority from the Minister of Public Safety, provides the final approval for all responses on ATIP requests and consultations.

5.  DELEGATION ORDER

The Minister of Public Safety has delegated full authority under the Act to the CRCC Chair and Executive Director. The Minister has also delegated administrative duties and functions to the CRCC ATIP Coordinator. The most recent delegation order was signed by the Minister of Public Safety on January 18, 2012 (see Annex A).

6.  PRIVACY REQUESTS RECEIVED

During the course of the reporting period, three (3) new Privacy requests under the Act were received and completed. No requests were carried over from the previous year, nor were any carried forward into the next reporting period.

These three (3) new Privacy requests were each from individuals seeking their personal information in records held by the CRCC.

7.  STATISTICAL REPORT

The three (3) Privacy requests received by the CRCC in 2014-2015 represents one (1) more than were received last year (i.e. 2 in 2013-2014), but constitutes only half the number that were received the year before that (i.e. 6 in 2012-2013). As these numbers are relatively small, there is little statistical significance that can be drawn from these variances. Of the three (3) requests received during the reporting period, one yielded no records. Of the two (2) requests that did yield records, an exemption was claimed in only one and that was under section 26 (Personal information of a third party) of the Act. External consultation was required for both. Therefore, an extension under sub-paragraph 15(a)(ii) was taken in each of these two (2) cases and both were processed within the extended timeline. The total number of pages processed for these two (2) requests was 423 pages.

A significant number of consultations (i.e. 25) were received from other institutions during the reporting period. Twenty-four (24) of those were completed during the reporting period, plus an additional consultation that had been outstanding from the previous period, resulting in 491 pages processed.

See Annex B for the Statistical Report.

8.  TRAINING

One staff member in the CRCC's Operations Unit attended three days of ATIP training off-site.

No training was offered in-house during the reporting period.

9.  SIGNIFICANT CHANGES

The most significant change during the fiscal year 2014-2015 was the creation of the CRCC, which assumed all of the functions and duties of the former CPC, including all of its outstanding ATIP files. The transition was smooth since the existing staff and premises of the CPC were assumed by the CRCC. Therefore, there was no impact on the public.

The CRCC did not implement any new policies, guidelines or procedures related to Privacy during the reporting period.

10.  MONITORING OF TIMELINESS

The CRCC monitors the time to process Privacy requests through its case management software. The ATIP Coordinator keeps track of upcoming deadlines for requests and consultations and advises the Head and senior management on an as-needed basis. This has proven to be an effective means of ensuring timelines are adhered to.

11.  PRIVACY IMPACT ASSESSMENTS

No privacy impact assessments were conducted during the reporting period.

12.  PRIVACY BREACHES

There were no material privacy breaches at the CPC or CRCC during the reporting period.

13.  DISCLOSURES MADE PURSUANT TO PARAGRAPH 8(2)(m) OF THE PRIVACY ACT

There were no disclosures made pursuant to paragraph 8(2)(m) of the Act in 2014–2015.

14.  COMPLAINTS

No complaints under the Act were filed against the CPC or the CRCC, nor were any audits or investigations conducted, during the reporting period.

Appendix A: Delegation Order

The Minister of Public Safety Canada, pursuant to section 73 of the Privacy Act*, hereby designates the persons holding the positions set out below, or acting in those positions, to exercise the powers and perform the duties and functions of the Minister as the head of a government institution, that is, the Commission for Public Complaints Against the RCMP, under the section of the Act set out opposite each position.

Dated, at the City of Ottawa, 18th of January 2012.

Signed by the Honourable Vic Toews, P.C., Q.C., M.P., Minister of Public Safety Canada

ANNEX B: Statistical Report