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Privacy Act - Annual report 2013-14

Table of contents

Introduction

The Privacy Act (Revised Statute of Canada 1985, Chapter P-21) was proclaimed on .

The Privacy Act extends to individual Canadian citizens and permanent residents, the right of access to information about themselves held by the government, subject to specific and limited exceptions. The Privacy Act also protects the individual's right to privacy by preventing others from having access to personal information and gives individuals substantial control over its collection and use.

Section 72 of the Privacy Act requires that the head of every government institution prepare an annual report on the administration of the Privacy Act within the institution during each financial year for submission to Parliament.

This annual report is submitted by the Office of the Commissioner of Lobbying (OCL) in accordance with the Privacy Act. It describes how the OCL fulfilled its responsibilities in fiscal year 2013–14.

The Office of the Commissioner of Lobbying

The Commissioner of Lobbying is responsible for the administration of the Lobbying Act (the Act) and the Code. The Office of the Commissioner of Lobbying (OCL) supports the Commissioner in her mandate. The authority of the Commissioner is derived from the Act. The legislation seeks to improve transparency and accountability regarding communications between lobbyists and federal public office holders and increase the confidence of Canadians in the integrity of government decision-making.

The mandate of the Commissioner is threefold:

  • Establish and maintain the Registry of Lobbyists, which contains and makes public the registration information disclosed by lobbyists;
  • Develop and implement educational programs to foster public awareness of the requirements of the Act; and
  • Undertake administrative reviews and investigations to ensure compliance with the Act and the Lobbyists' Code of Conduct (the Code) Under the Act, the Commissioner of Lobbying also has the authority to grant exemptions to former designated public office holders who are subject to a five-year prohibition on lobbying activities.

The Commissioner reports annually to Parliament on the administration of the Act and the Code. The Commissioner is also required to table to Parliament reports on investigations, which include her findings, conclusions and the reasons for her conclusion.

Responsibility for information rights / Delegation of authority

The Privacy Act provides the authority to exercise full powers to the Commissioner of Lobbying. The OCL's Access to Information and Privacy (ATIP) Coordinator is delegated the authority via a Delegation Order, which is attached in Annex A. The OCL has two positions responsible for the administration of the Privacy Act, an ATIP Coordinator and an ATIP Advisor.

The Deputy Commissioner and Chief Financial Officer, as the ATIP Coordinator, is responsible for the development, coordination and implementation of effective policies, guidelines and procedures to manage the OCL's compliance with the Privacy Act. The Coordinator makes decisions on the disposition of requests under the Privacy Act, promotes awareness of the legislation to ensure organizational responsiveness to its obligations, as well as monitors and advises on compliance with the Privacy Act, regulations, procedures and policies. Further, the Coordinator acts as spokesperson for the OCL in dealings with the Treasury Board Secretariat, the Privacy Commissioner, and other government departments and agencies. The Coordinator is also responsible for conducting consultations with other governments within Canada and other federal organizations, as required.

Finally, the Coordinator is the point of contact on issues involving the collection of personal information and privacy.

The ATIP Advisor is responsible for processing the requests received under the Privacy Act and making recommendations to the ATIP Coordinator on the disposition of any requests received. Under the authority of the Act, the OCL collects personal information from registrants and the disclosures filed by registrants are accessible on the OCL's website.

The Act prescribes that investigations be conducted in private. In the event of requests for information related to possible administrative reviews and investigations conducted under the Act and the Code, the OCL will not confirm or deny that an investigation is taking place. The only exception is when the information has been confirmed at a Parliamentary Committee and is therefore in the public domain.

Reports on Investigations that are completed must be tabled in both Houses of Parliament. They are also posted on the OCL's website.

Administration of the Privacy Act

Statistical report

In 2013–14, the OCL received one request under the Privacy Act. An employee of the Office of the Commissioner of Lobbying has requested access to his personal file. The employee consulted this file in the office of the Deputy Commissioner and Chief Financial Officer.

Fees

No fees are applicable under the Privacy Act.

Information holdings

The OCL is responsible for providing a full accounting of information holdings to the Treasury Board Secretariat and ensuring that updates are provided for inclusion in the Info Source publication. This publication contains a description of the classes of institutional records held by the OCL. The OCL does not have any exempt banks. Info Source can be obtained through public or academic libraries or it may be viewed online on the Treasury Board Secretariat's website.

OCL website

The OCL's website, allows the user to access and search the Registry of Lobbyists, as well as to obtain copies of reports, including the OCL's annual reports on Access to Information and Privacy. Summaries of completed requests are available on the OCL website.

Reading room

A reading room is available at the OCL's office.

Education and training activities

There were no training activities provided to employees of the OCL during 2013–14.

Privacy impact assessments

No Privacy Impact Assessment (PIA) was completed for the period of 2013–14.

Disclosure of personal information

There were no disclosures of personal information by the OCL during the reporting period pursuant to each of the following provisions of the Privacy Act: paragraphs 8(2)(m), 19(1)(e) or (f), or sections 22.2, 22.3, 69.1 or 70.1.

New/revised policies, guidelines and procedures implemented

No new or revised policies, guidelines or procedures were implemented during 2013–14.

Complaints and appeals

No complaints concerning the Privacy Act were received from the Office of the Privacy Commissioner during 2013–14.

Appeals to the federal court

There were no appeals filed during 2013–14.

Data matching and sharing activities

No data matching or sharing activities were undertaken during 2013–14.

Time to process access to information request monitoring

Given the small number of requeste received and processed by the OCL, no formal monitoring system was required during the reporting period.

Material privacy breaches

No Material Privacy Breaches occured during 2013–14.


Annex A — Delegation order

Access to Information Act and Privacy Act delegation order

The Commissioner of Lobbying, pursuant to section 73 of the Access to Information Act and section 73 of the Privacy Act, hereby designates the person holding the position set out in the schedule hereto, or the person occupying on an acting basis that position, to exercise the powers, duties and functions of the Commissioner of Lobbying as the head of the Office of the Commissioner of Lobbying, under the provisions of the Act and related regulations set out in the schedule opposite each position. This designation replaces all the previous delegation orders.

Schedule

Position Access to Information Act and Regulations Privacy Act Regulations
Deputy Commissioner of Lobbying Full authority Full authority

Dated, at the City of Ottawa. This ,

Karen E. Shepherd

Original signed by Karen E. Shepherd, Commissioner of Lobbying

Annex B — 2013–2014 Statistical report

Statistical Report on the Privacy Act

Name of institution: Office of the Commissioner of Lobbying of Canada

Reporting period: to

Part 1 — Requests under the Access to Information Act

Requests under the Access to Information Act
type of request Number of Requests
Received during reporting period 1
Outstanding from previous reporting period 0
Total 1
Closed during reporting period 1
Carried over to next reporting period 0

Part 2 — Requests closed during the reporting period

2.1 Disposition and completion time
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 1 0 0 0 0 0 0 1
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
No records exist 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0
Total 1 0 0 0 0 0 0 1
2.2 Exemptions
Exemptions
Section Number of requests
18(2) 0
19(1)(a) 0
19(1)(b) 0
19(1)(c) 0
19(1)(d) 0
19(1)(e) 0
19(1)(f) 0
20 0
21 0
22(1)(a)(i) 0
22(1)(a)(ii) 0
22(1)(a)(iii) 0
22(1)(b) 0
22(1)(c) 0
22(2) 0
22.1 0
22.2 0
22.3 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 0
26 0
27 0
28 0
2.3 Exclusions
Exclusions
Section Number of requests
69(1)(a) 0
69(1)(b) 0
69.1 0
70(1)(a) 0
70(1)(b) 0
70(1)(c) 0
70(1)(d) 0
70(1)(e) 0
70(1)(f) 0
70.1 0
2.4 Format of information released
Format of information released
Disposition Paper Electronic Other formats
All disclosed 0 0 1
Disclosed in part 0 0 0
Total 0 0 1
2.5 Complexity
2.5.1 Relevant pages processed and disclosed
Relevant pages processed and disclosed
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
All disclosed 137 137 1
Disclosed in part 0 0 0
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 0
2.5.2 Relevant pages processed and disclosed by size of requests
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 0 0 1 137 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0 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
abandoned 0 0 0 0 0 0 0 0 0 0
Total 0 0 1 137 0 0 0 0 0 0
2.5.3 Other complexities
Other complexities
Disposition Consultation required Legal advice sought Interwoven information Other Total
All disclosed 0 0 0 0 0
Disclosed in part 0 0 0 0 0
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Abandoned 0 0 0 0 0
Total 0 0 0 0 0
2.6 Deemed refusals
2.6.1 Reasons for not meeting statutory deadline
Reasons for not meeting statutory deadline
Number of requests closed past the statutory deadline Principal Reason
Workload External consultation Internal consultation Other
0 0 0 0 0
2.6.2 Number of days past deadline
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 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 0 0
2.7 Requests for translation
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 subsection 8(2)

Disclosures under subsection 8(2)
Paragraph 8(2)(e) Paragraph 8(2)(m) Total
0 0 0

PART 4 — Requests for correction of personal information and notations

Requests for correction of personal information and notations
state of request Number
Requests for correction received 0
Requests for correction accepted 0
Requests for correction refused 0
Notations attached 0

Part 5 — Extensions

5.1 Reasons for extensions and disposition of requests
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 0 0
Disclosed in part 0 0 0 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 0 0
5.2 Length of extensions
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 0 0
Total 0 0 0 0

Part 6 — Consultations received from other institutions and organizations

6.1 Consultations received from other government institutions and organizations
Consultations received from other government institutions and organizations
Consultations Other government institutions Number of pages to review Other organizations Number of pages to review
Received during reporting period 0 0 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 0 0 0 0
Closed during the reporting period 0 0 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 institutions
Recommendations and completion time for consultations received from other government 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
Disclose entirely 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 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
6.3 Recommendations and completion time for consultations received from other organizations
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 days More than 365 days Total
Disclose entirely 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 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

Completion time of consultations on Cabinet confidences
Number of days Number of responses received Number of responses received past deadline
1 to 15 0 0
16 to 30 0 0
31 to 60 0 0
61 to 120 0 0
121 to 180 0 0
181 to 365 0 0
More than 365 0 0
Total 0 0

Part 8 — Resources related to the Privacy Act

8.1 Costs
Costs
Expenditures Amount
Salaries $0
Overtime $0
Goods and Services $0
Contracts for privacy impact assessments $0  
Professional services contracts $0
Other $0
Total $0
8.2 Human resources
Human Resources
Resources Dedicated full-time Dedicated part-time Total
Full-time employees 0.00 2.00 2.00
Part-time and casual employees 0.00 0.00 0.00
Regional staff 0.00 0.00 0.00
Consultants and agency personnel 0.00 0.00 0.00
Students 0.00 0.00 0.00
Total 0.00 2.00 2.00
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