The Access to Information and Privacy (ATIP) Division was part of the Law Branch up to October 2015. After a reorganization, the ATIP Division became part of the Communications Policy Division, Consultations and Communications Branch. The ATIP Divison is responsible for administering the Access to Information Act and the Privacy Act for the Department. As a centralized operation, the ATIP Division coordinates the timely processing of requests under the legislation, handles complaints lodged with the Privacy Commissioner, and responds to informal inquiries. Division staff also provides guidance to departmental officials on matters involving the Act. The ATIP Division comprises a director, two team leaders, ten full-time ATIP analysts and two administrative assistants.
Two other training sessions were given to 13 departmental employees within various branches of the Department. The training was delivered using the Canada School of Public Service on-line ATIP training module to ensure that it is consistent with the whole of government approach. A total of 13 employees received this training. Training sessions were also conducted with branch ATIP contacts focusing on ATIP processes including those for the annual update of InfoSource. No branch specific training was requested this fiscal year.
That the review done by the Law Branch no longer take place after the Consultations and Communications Branch review unless legal issues are involved.
Due to a change in government, the delegation of authority was modified and approved on December 1, 2015. The authority to approve or deny the release of information under the Act is shared by the Deputy Minister, the Associate Deputy Ministers, the Assistant Deputy Ministers of Consultations and Communications Branch and Corporate Services Branch, the Senior Director, Communications Policy Division, the ATIP Director, ATIP Team Leaders and Senior ATIP analysts to sign off on more administrative matters. The ATIP Director normally performs the function, with the exception of disclosures pursuant to paragraph 8(2)(e) of the Act, which are usually handled by the Assistant Deputy Minister of the Corporate Services Branch.
The number of formal requests received this reporting period was 36, a 44% increase from 20 formal requests received the previous reporting year. One request was carried over from 2014-2015. By the end of 2015-2016, all 37requests were completed.
In 2015-2016, the Department did not receive any consultations from other government institutions or organizations.
Of the 37 requests completed, all were closed on time, an increase over 2014-2015’s 89.5%. Of the 37 requests closed during the reporting period, 34 (91.8%) were completed within 30 days, two (5%) requests were completed within two months and one (2.7%) request took between 61 and 120 days.
Records were provided to applicants in 20 cases, 11 of those in paper format and nine on compact disc. No applicants asked to review the records as opposed to receiving a copy.
Six of the requests were considered complex as they contained personal information about individuals other than the requestors.
Paragraph 8(2)(e) of the Act allows for disclosures of personal information “to an investigative body...for the purpose of enforcing any law.” The Department did not make any disclosures pursuant to paragraph 8(2)(e) of the Act in this reporting period.
Two extensions of the statutory time limits under the Act were taken, one for interference of operations and one for consultation purposes.
There was one complaint involving the use and disclosure of personal information lodged against the Department during the reporting period. That complaint has been carried forward to 2016-2017.
No complaints were closed this reporting period.
One investigative review (audit) was initiated by the Office of the Privacy Commissioner this reporting period. It deals with the fair information handling provisions of the Privacy Act (Sections 4 to 8); it has been carried forward to 2016-2017.
As previously mentioned, an internal audit of systems and processes for Access to Information (ATI) requests and security and information management was completed in 2015-2016. Though the internal audit’s primary focus was on ATI requests, several of the best practices that were developed from the findings also apply to the processing of Privacy Act requests. The audit concluded that the Department has effective and reliable information systems and activities for processing access to information requests. While the audit noted recent improvements in the review process regarding ATI requests, further opportunities exist to reduce the time required to retrieve requested information, and to streamline the process to review release packages.
Costs incurred in the reporting period are calculated on the salaries of ATIP Division staff and the administrative expenses associated with administration of the Act. Costs do not include salaries of other departmental personnel involved in processing requests. Administration of the Act cost the Department $71,394 this reporting year.
Due to the small amount of requests processed by the Department under the Act, including corrections or notations, monitoring of requests is conducted within the ATIP Division as required in order to ensure that the Department meets its legislated obligations.
Paragraph 8(2)(m) of the Act allows for the disclosure of personal information when the public interest clearly outweighs any invasion of privacy or when the disclosure would benefit the individual. There were no disclosures pursuant to paragraph 8(2)(m) for the 2015–2016 period.