Annual Report to Parliament on the Administration of the Privacy Act 2017-2018

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

The Civilian Review and Complaints Commission for the Royal Canadian Mounted Police (CRCC) operates pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R‑10. 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 Chairperson 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. 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 CRCC Chairperson and/or the Senior Director, Operations, under delegated authority from the Minister of Public Safety, provides the final approval for all responses on ATIP requests and consultations.

4. DELEGATION ORDER

The Minister of Public Safety has delegated full authority under the Act to the CRCC Chairperson and Senior Director, Operations. 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 July 4, 2016 (see Annex A).

5. PRIVACY REQUESTS RECEIVED

During the course of the reporting period, eleven (11) new requests for personal information under the Act were received. One request was carried over from the previous year. Of those twelve, eleven (11) requests were processed during that period and one was carried forward into 2018-2019.

Eight (8) of the requests for personal information that were processed during 2017-2018 were from individuals seeking their personal information from public complaint files held by the CRCC. The other three (3) were from RCMP members.

6. STATISTICAL REPORT

The eleven (11) Privacy requests received by the CRCC in 2017-2018 represents a noticeable increase over the number of Privacy requests received in recent years:

2017-18 11
2016-17 9
2015-16 7
2014-15 3

Of the eleven (11) requests processed during the reporting period, one was released without redaction (request for video) and eight (8) were released with exemptions claimed under paragraph 19(1)(d) (Municipal government information), sub-paragraph 22(1)(a)(i) (Information obtained by an investigative body), paragraph 22(1)(b) (Information the disclosure of which could be injurious to lawful investigations), section 25 (Safety of individuals), section 26 (Personal information of a third party), section 27 (Solicitor-client privilege) and section 28 (Medical records) of the Privacy Act. In the other two (2) requests, no records were found to exist.

External consultation was required for four (4) requests.

The statutory deadlines were not met for three (3) requests (one was due to external consultation, while the other two were due to workload). Therefore, eight (8) of the eleven (11) requests processed (73%) were responded to within the established timelines.

The total number of pages processed for the nine (9) requests where information was found to exist was 6,433 pages.

Seven (7) consultations were received from other Government of Canada institutions during the reporting period. These consultations all related to documents having to do with public complaints against RCMP members. All seven consultations were closed during the reporting period, resulting in 375 pages processed.

See Annex B for the Statistical Report.

7. TRAINING

In contrast to the previous year, during the reporting period, CRCC employees did not participate in any training or educational opportunities relating to access to information and privacy.

8. SIGNIFICANT CHANGES

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

9. MONITORING OF TIMELINESS

The CRCC monitors the time to process Access to Information requests through its case management software. The ATIP Coordinator keeps track of upcoming deadlines for requests and consultations. Reminders of approaching deadlines are provided to senior management at least once a month. The ATIP Coordinator meets regularly with the Senior Director, Operations and Legal Counsel to discuss various issues pertaining to in-progress ATIP files.

10. PRIVACY IMPACT ASSESSMENTS

The CRCC has one privacy impact assessment in progress. Once it is finalized, the CRCC plans to submit it to Treasury Board and the Privacy Commissioner.

11. PRIVACY BREACHES

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

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

There were no disclosures made under paragraph 8(2)(m) during the reporting period..

13. COMPLAINTS

There were seven (7) complaints filed against the CRCC during the reporting period, all by the same requester. One complaint involved a time extension due to volume. Once the response package was sent to the requester, the Office of the Privacy Commissioner determined that the complaint was well-founded, resolved. The other six (6) complaints were still under investigation by the Office of the Privacy Commissioner on March 31, 2018 (i.e. two involved refusals to make corrections and four related to exemptions applied by the CRCC).

There were no audits or other 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 Civilian Review and Complaints Commission for the RCMP, under the section of the Act set out opposite each position.

Delegation Order – Privacy Act
Section Chairperson Senior Director, Operations ATIP Coordinator
8(2)(j) Disclosure for research purposes
 ● ●  
8(2)(m) Disclosure in the public interest or in the interest of the individual
 ● ●  
8(4) Copies of requests under 8(2)(e) to be retained
● ● ●
8(5) Notice of disclosure under 8(2)(m)
 ● ●  
9(1) Record of disclosures to be retained
 ● ●  
9(4) Consistent uses
 ● ●  
10 Personal information to be included in personal information banks
 ● ●  
14 Notice when access requested
● ● ●
15 Extension of time limits
 ● ● ●
17(2)(b) Language of access
 ● ● ●
17(3)(b) Access to personal information in alternative format
 ● ● ●
18(2) Exemption (exempt bank) – Disclosure may be refused
● ●  
19(1) Exemption – Personal information obtained in confidence
 ● ●  
19(2) Exemption – Where authorized to disclose
 ● ●  
20 Exemption – Federal-provincial affairs
● ●  
21 Exemption – International affairs and defence
● ●  
22 Exemption – Law enforcement and investigations
● ●  
22.3 Exemption – Public Servants Disclosure Protection Act
 ● ●  
23 Exemption – Security clearances
 ● ●  
24 Exemption – Individuals sentenced for an offence
 ● ●  
25 Exemption – Safety of individuals
 ● ●  
26 Exemption – Information about another individual
● ●  
27 Exemption – Solicitor-client privilege
 ● ●  
28 Exemption – Medical record
 ● ●  
31 Notice of intention to investigate
 ● ● ●
33(2) Right to make representation ● ● ●
35(1) Findings and recommendations of Privacy Commissioner (complaints)
 ● ● ●
35(4) Access to be given
 ● ● ●
36(3) Report of findings and recommendations (exempt banks)
 ● ● ●
37(3) Report of findings and recommendations (compliance review)
 ● ● ●
51(2)(b) Special rules for hearings
 ● ●  
51(3) Ex parte representations
 ● ●  
72(1) Annual report to Parliament
 ● ●  
Delegation Order – Privacy Regulations
Section Chairperson Senior Director, Operations ATIP Coordinator
7 Retention for 2 years ● ● ●
9 Reasonable facilities and time provided to examine personal information ● ● ●

11(2)

Notification that correction to personal information has been made

● ● ●

11(4)

Notification that correction to personal information has been refused

● ● ●

13(1)

Disclosure of personal information relating to physical or mental health may be made to a qualified medical practitioner or psychologist for an opinion on whether to release information to the requestor

● ● ●

14

Disclosure of personal information relating to physical or mental health may be made to a requestor in the presence of a qualified medical practitioner or psychologist

● ● ●

Dated, at the City of Ottawa, 4th of July 2016.

Signed by the Honourable Ralph Goodale, P.C., M.P., Minister of Public Safety Canada

ANNEX B: Statistical Report

Reporting period: 2017-04-01 to 2018-03-31

Part 1: Requests Under the Privacy Act

Number of Requests
Received during reporting period 11
Outstanding from previous reporting period 2
Total 12
Closed during reporting period 11
Carried over to next reporting period 1

Part 2: Requests Closed During the Reporting Period

2.1 Disposition and completion time

Disposition of Requests Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 0 0 0 1 0 0 0 1
Disclosed in part 0 5 0 2 0 1 0 8
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 2 0 0 0 0 0 0 2
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 2 5 0 3 0 1 0 11

2.2 Exemptions

Section Number of Requests Section Number of Requests Section Number of Requests
18(2) 0 22(1)(a)(i) 1 23(a) 0
19(1)(a) 0 22(1)(a)(ii) 0 23(b) 0
19(1)(b) 0 22(1)(a)(iii) 0 24(a) 0
19(1)(c) 0 22(1)(b) 1 24(b) 0
19(1)(d) 1 22(1)(c) 0 25 4
19(1)(e) 0 22(2) 0 26 7
19(1)(f) 0 22.1 0 27 1
20 0 22.2 0 28 1
21 0 22.3 0

2.3 Exclusions

Section Number of Requests Section Number of Requests Section Number of Requests
69(1)(a) 0 70(1) 0 70(1)(d) 0
69(1)(b) 0 70(1)(a) 0 70(1)(e) 0
69.1 0 70(1)(b) 0 70(1)(f) 0
70(1)(c) 0 70.1 0

2.4 Format of information released

Disposition Paper Electronic Other formats
All disclosed 0 0 1
Disclosed in part 2 6 0
Total 2 6 1

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Disposition of Requests Number of Pages Processed Number of Pages Disclosed Number of Requests
All disclosed 0 0 1
Disclosed in part 6433 5619 8
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 0
Neither confirmed nor denied 0 0 0
Total 6433 5619 9
2.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less Than 100
Pages Processed		 101-500
Pages Processed		 501-1000
Pages Processed		 1001-5000
Pages Processed		 More Than 5000
Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
All disclosed 1 0 0 0 0 0 0 0 0 0
Disclosed in part 3 137 3 935 0 0 2 4547 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 4 137 3 935 0 0 2 4547 0 0
2.5.3 Other complexities
Disposition Consultation Required Legal Advice Sought Interwoven Information Other Total
All disclosed 1 0 0 0 1
Disclosed in part 3 0 0 0 3
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 4 0 0 0 4

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Number of Requests Closed Past the Statutory Deadline Principal Reason
Workload External Consultation Internal Consultation Other
3 4 1 0 0
2.6.2 Number of days past deadline
Number of Days Past Deadline Number of Requests Past Deadline Where No Extension Was Taken Number of Requests Past Deadline Where An Extension Was Taken Total
1 to 15 days 0 1 1
16 to 30 days 0 0 0
31 to 60 days 0 1 1
61 to 120 days 0 0 0
121 to 180 days 0 1 1
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 3 3

2.7 Requests for translation

Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Part 3: Disclosures Under Subsections 8(2) and 8(5)

Paragraph 8(2)(e) Paragraph 8(2)(m) Subsection 8(5) Total
0 0 0 0

Part 4: Requests for Correction of Personal Information and Notations

Disposition for Correction Requests Received Number
Notations attached 0
Requests for correction accepted 0
Total 0

Part 5: Extensions

5.1 Reasons for extensions and disposition of requests

Disposition of Requests Where an Extension Was Taken 15(a)(i)
Interference With Operations		 15(a)(ii)
Consultation		 15(b)
Translation or Conversion
Section 70 Other
All disclosed 0 0 1 0
Disclosed in part 0 0 3 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 0 0 4 0

5.2 Length of extensions

Length of Extensions 15(a)(i)
Interference with operations		 15(a)(ii)
Consultation		 15(b)
Translation purposes
Section 70 Other
1 to 15 days 0 0 0 0
16 to 30 days 0 0 4 0
Total 0 0 4 0

Part 6: Consultations Received From Other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and other organizations

Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during the reporting period 7 375 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 7 375 0 0
Closed during the reporting period 7 375 0 0
Pending at the end of the reporting period 0 0 0 0

6.2 Recommendations and completion time for consultations received from other Government of Canada institutions

Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 5 1 0 0 0 0 0 6
Disclosed in part 1 0 0 0 0 0 0 1
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 6 1 0 0 0 0 0 7

6.3 Recommendations and completion time for consultations received from other organizations

Recommendation Number of days required to complete consultation requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Ddays More Than 365 Days Total
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

Part 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services

Number of Days Fewer Than 100 Pages Processed 101-500 Pages Processed 501-1000
Pages Processed		 1001-5000
Pages Processed		 More than 5000
Pages Processed
Number of
Requests		 Pages Disclosed Number of
Requests		 Pages Disclosed Number of
Requests		 Pages Disclosed Number of
Requests		 Pages Disclosed Number of
Requests		 Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

7.2 Requests with Privy Council Office

Number of Days Fewer Than 100 Pages Processed 101‒500 Pages Processed 501-1000
Pages Processed		 1001-5000
Pages Processed		 More than 5000
Pages Processed
Number of
Requests		 Pages Disclosed Number of
Requests		 Pages Disclosed Number of
Requests		 Pages Disclosed Number of
Requests		 Pages Disclosed Number of
Requests		 Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

Part 8: Complaints and Investigations Notices Received

Section 31 Section 33 Section 35 Court action Total
7 2 1 0 10

Part 9: Privacy Impact Assessments (PIAs)

Number of PIA(s) completed 0

Part 10: Resources Related to the Privacy Act

10.1 Costs

Expenditures Amount
Salaries $27,910
Overtime $0
Goods and Services $0
- Professional services contracts $0  
- Other $0  
Total $27,910

10.2 Human Resources

Resources Person Years Dedicated to Privacy Activities
Note: Enter values to two decimal places.
Full-time employees 0.33
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 0.33
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