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Investigations and Inquiries

The Investigations and Inquiries Branch is responsible for investigating, on behalf of the Commissioner, complaints received from individuals under Section 29 of the Privacy Act and Section 11 of PIPEDA.

Essentially, the Office's investigations serve to establish whether individuals have had their privacy rights violated and/or whether they have been accorded their right of access to their personal information. Where privacy rights have been violated, the investigation process seeks to provide redress for individuals and to keep violations from recurring.

Mediation and conciliation, with a view to corrective action if necessary, are the preferred approaches to complaint solving. The Commissioner has the power to summon witnesses, administer oaths and compel the production of evidence if voluntary co-operation is not forthcoming. In certain circumstances, the Commissioner may take cases to the Federal Court.

The Branch's Inquiries Division responds to thousands of inquiries annually from the general public and organizations who contact the Office for advice and assistance on a wide range of privacy-related matters.

Audit and Review

The Audit and Review Branch assesses how well organizations are complying with requirements set out in two federal laws.

Following accepted standard audit objectives and criteria, the Branch conducts compliance reviews under Section 37 of the Privacy Act and audits under Section 18 of PIPEDA.

The Privacy Act permits the Commissioner to initiate a compliance review of federal institutions. PIPEDA allows the Commissioner to audit the compliance of private organisations if the Commissioner has "reasonable grounds to believe" that the organisations are contravening a provision of the Act.

Through the Privacy Commissioner, the Branch has the authority to administer oaths, receive evidence and, at any reasonable time, enter the premises where appropriate.

It also provides assistance to public and private sector organisations regarding fair information handling practices with respect to any initiative with privacy implications.

In addition to the Branch's compliance audit functions, it receives, analyses, and provides comments and recommendations on Privacy Impact Assessment (PIA) Reports prepared by federal government departments pursuant to the Secretariat of Treasury Board of Canada's Privacy Impact Assessment Policy.

The PIA policy, which came into effect in May 2002, requires federal government departments and agencies to conduct PIAs for all new programs or services that may potentially impact on individual privacy. The PIA policy further requires federal government departments and agencies conducting PIAs to consult with the OPC.

In performing its role as a source of expert advice, the Audit and Review Branch helps ensure that privacy risks associated with specific programs and services are properly identified and that appropriate measures are taken to mitigate those risks. As stated earlier, this role needs to be re-examined in light of resource pressures and emerging priorities.

Legal Services

Legal Services provides specialized legal and strategic advice and litigation support to the Privacy Commissioner with respect to the Privacy Act and PIPEDA.

Research and Policy

The Research and Policy Branch serves as the centre of expertise on emerging privacy issues in Canada and abroad. The Branch is responsible for researching trends, monitoring legislative and regulatory initiatives, providing analysis on key issues, and developing policies and positions that advance the protection of the privacy rights.

The Branch supports the Commissioner, Assistant Commissioners and the other branches by identifying legislation, new programs and emerging technologies that raise privacy concerns; providing strategic advice and policy options; drafting discussion and/or position papers for public consumption on issues affecting privacy; and preparing briefing material for public appearances by the Commissioner and other staff members.

An important part of the work done by this Branch involves supporting the Commissioner and Assistant Commissioners in providing advice to Parliament on legislation or government program initiatives that may impact on privacy. In doing so, the Branch works closely with other units of the OPC, namely Legal Services.

Public Education and Communications

One of the Office of the Privacy Commissioner's key priorities is to foster understanding of privacy rights and obligations, and the Public Education and Communications Branch helps the Office to fulfil that mandate. It is important for individuals to understand their rights, and organizations their responsibilities, under both federal privacy laws.

In addition to providing strategic communications advice to the Privacy Commissioner and Assistant Commissioners, the Public Education and Communications Branch plans and implements a number of public education and communications activities on behalf of the Office, including speaking engagements and special events, media relations, advertising, the production and dissemination of promotional and educational material, the development of content for the OPC's Web site, as well as internal communications activities.

Corporate Services

The Corporate Services Branch provides advice and integrated administrative services (finance, information technology and general administration) to managers and staff.

Human Resources

Human Resources is responsible for the management and delivery of comprehensive Human Resource Management programs in areas such as staffing, classification, staff relations, human resource planning, learning and development, employment equity, official languages and compensation. This includes maintaining relationships and remaining abreast of HR trends and directions with HR counterparts at the Public Service Commission, the Treasury Board Secretariat (Public Service Human Resources Management Agency of Canada), PWGSC, Privy Council Office, Commissioner of Official Languages, Bargaining Agents etc.