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The Privacy Commissioner of Canada, George Radwanski, is an Officer of Parliament who reports directly to the Senate and House of Commons. The Commissioner is an advocate for the privacy rights of Canadians whose powers include:
The Commissioner works independently from every other part of the government to investigate complaints from individuals and conduct compliance audits with respect to the federal public sector and the private sector. Canadians may complain to the Commissioner
about any matter specified in Section 29 of the Privacy
Act. This Act applies to personal
information held by the Government of Canada. As an ombudsman, the Commissioner prefers to resolve complaints through negotiation and persuasion, using mediation and conciliation if appropriate. However, the Commissioner has the power to summon witnesses, administer oaths and compel the production of evidence if voluntary co-operation is not forthcoming.
SECTION III: Planning OverviewIn 2003-2004, in addition to standard operational activities such as investigations and audits under federal privacy laws, a number of environmental factors will likely increase demands on the Office's resources. The post-9/11 environment Privacy is under assault as never before. Citing the heightened security requirements since the September 11th tragedies, the Government has introduced a variety of privacy-invasive initiatives. Canadians expect the Commissioner and his Office to take a leadership role in this critical debate - to bring privacy issues to the table, to raise awareness of the issues, to negotiate effectively with the Government, and to encourage organizations to rethink their approach to many of these initiatives. The full implementation of the PIPED Act The scope of the Personal Information Protection and Electronic Documents (PIPED) Act will expand greatly in 2004. The Act is being implemented in stages. It currently applies to federal works, undertakings, and businesses, such as airlines, banking, broadcasting, interprovincial transportation and telecommunications, as well as to all organizations that disclose personal information outside a province or the country for consideration. On January 1, 2004, the Act will extend to every organization that collects, uses or discloses personal information in the course of a commercial activity within a province, except where a substantially similar provincial law applies. It is likely that many provinces will not have a substantially similar provincial law by January 2004. A patchwork of coverage at the provincial level is more likely. For both citizens and businesses, this may create confusion about jurisdiction. In addition to its responsibilities in the federal public sector and the federally-regulated private sector, the Office will take on the bulk of the responsibility for overseeing privacy rights in the rest of the private sector. It will be imperative for the Office to
continue generating maximum awareness among
businesses, to inform them of their obligations,
and among citizens, to inform them of their
rights, under the new law. The Office will also
need to prepare for an anticipated increase in
complaints and inquiries. As the Commissioner predicted, privacy is becoming the defining issue of this decade. A number of factors - the September 11th terrorist attacks, new advances in privacy-invasive technologies, open debate in public and in the media regarding the privacy implications of new Government initiatives, among others - have contributed to an overall increase in awareness of privacy issues in Canada. Since the Commissioner's appointment, hits to the Office's Web site have increased ten-fold. The Office receives a minimum of 100 media requests per month and media coverage of privacy issues has more than doubled. Public inquiries to the Office have also increased dramatically. The Office must be in a position to handle this increased demand. The Commissioner and his Office are also committed to continuing to fulfil their mandate to increase public awareness and understanding of privacy issues in Canada. Privacy Impact Assessments (PIAs) The introduction of electronic services by the federal Government through programs such as the Government On-Line (GOL) initiative has also added to the obligations and responsibilities of the Office. Respect for citizens' privacy is critical to the success of these new services. This past year, at the Commissioner's urging, the Government of Canada initiated a new Privacy Impact Assessment Policy. This policy is intended to protect the privacy of Canadians in all transactions with the Government by ensuring that privacy considerations are built into government projects at the outset. Canada is the first country in the world to make PIAs mandatory for all federal departments and agencies. In addition to working with Treasury Board Secretariat on the policy, the Commissioner's Office is required under the policy to review all PIAs and offer comments to departments and agencies at an early stage. The above factors, taken as a whole, amount to a significant increase in the obligations, responsibilities and workload of the Office. Both the environment in which the Office operates, and the extent and scope of the Commissioner's mandate, are significantly different than they were prior to the introduction of the PIPED Act. These changes in environment and outlook pose an increased challenge to the Office's ability to meet the expectations of Canadian individuals and organizations.
SECTION IV: Plans and Priorities by Strategic OutcomeSummary
Strategic Outcome 1
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Encouraging compliance with privacy law by both public and private sector organizations in Canada |
Through the combined efforts of its Investigations and its Privacy Practices and Reviews Branches, the Office seeks to promote the implementation of fair information practices in both public and private sector organizations in Canada, and to investigate complaints and conduct audits under federal privacy laws.
In terms of the Privacy Act, the priorities for the Office continue to be focused on pre-empting problems through consultation and assistance with government institutions, rather than resorting to formal mechanisms of compliance. This approach has proved successful in the past and is consistent with the Privacy Commissioner's role as an ombudsman. Although voluntary compliance with the Privacy Act is favoured, the Office anticipates complementing its consultative efforts by increasing its formal compliance reviews when circumstances require.
In general, the Office is focused on the promotion of compliance with the respect for privacy rights as outlined in both the Privacy Act and the Personal Information Protection and Electronic Documents (PIPED) Act. An increasing part of the Office's work involves examining privacy considerations as they relate to the integration of technology in public and private administration. Both public and private sector organizations are increasingly managing personal information through the use of electronic systems rather than the more conventional paper-based systems.
One of the most significant challenges facing the Office over the next few years relates to the Government On-Line (GOL) initiative, which seeks to expand the delivery of the Government of Canada's programs and services via on-line networks. It is essential that the Privacy Act be adequately considered before implementing any GOL project or program proposal that may compromise the privacy rights of Canadians. The Office is committed to working with federal organizations, providing them with advice in relation to compliance issues and the privacy implications of new and existing programs and practices in the context of GOL.
It is difficult to measure in empirical terms the effectiveness of the Office's efforts to encourage compliance with privacy law by both public and private sector organizations in Canada. However, the Office maintains detailed statistical information regarding its case work, including turnaround times, and it has given itself internal guidelines to continue providing efficient and effective service to Canadians with regard to complaint investigations.
Safeguarding the right to privacy of Canadians |
Under the PIPED Act, the Privacy Commissioner has the authority to audit and take complaints regarding the personal information management practices of organizations, which are subject to the legislation. Unlike the public sector Privacy Act, the PIPED Act stipulates that the Privacy Commissioner of Canada must have reasonable grounds to believe that an organization is contravening the law before initiating an audit. Even with its compliance reviews under the Privacy Act, the Office has always focused its review activities on government institutions that presented a greater risk in terms of privacy protection. However, under the PIPED Act, the Office is now required to meet the legal standard of "reasonable grounds" prior to auditing an organization. This presents a more reactive framework for conducting audits and, therefore, can impact on the ability of the Office to assign its resources and plan its short and long-term review and consultative activities.
In order to mitigate this risk, the Office has developed and continues to improve its internal policies and procedures with relation to monitoring and profiling of the personal information management practices of private sector organizations. A significant aspect of this work involves maintaining an open and continuous dialogue among the Office's two compliance directorates (Investigations, and Privacy Practices and Reviews). Monitoring and analyzing trends with regard to complaints related to compliance issues under the PIPED Act provides the Office with the information necessary for planning and prioritizing its audit and review activities. It also provides an adequate level of flexibility to maintain a consultative and co-operative approach to promote compliance with both federal laws.
It is difficult to measure in empirical terms the effectiveness of the Office's efforts to encourage compliance with privacy law by both public and private sector organizations in Canada. However, the Office maintains detailed statistical information regarding its case work, including turnaround times, and it has given itself internal guidelines to continue providing efficient and effective service to Canadians with regard to complaint investigations.
Increasing public awareness and understanding of privacy issues |
Privacy is truly becoming the defining issue of this decade. Maintaining and elaborating its public education and awareness program will become all the more crucial for the Office of the Privacy Commissioner of Canada in the next year and beyond.
On January 1, 2004, the Personal Information Protection and Electronic Documents (PIPED) Act, which began coming into effect in January 2001, will apply to all personal information collected, used or disclosed in the course of commercial activities by all private sector organizations, except in provinces that have, by then, enacted privacy legislation that is deemed to be substantially similar to the federal law. It is likely that by 2004 many provinces will not have a substantially similar provincial law, and the environment will likely create confusion about jurisdiction for both citizens and businesses. At this time, it appears that in addition to the Office's responsibilities in the federal public sector and the federally-regulated private sector, the majority of the responsibility for overseeing privacy rights in the private sector will likely fall on the federal Commissioner's Office.
Leading up to 2004, communications activities will be critical to ensuring that the business community in Canada is fully aware of its obligations under Canada's new private sector privacy law and continued efforts will also be required to ensure that citizens are informed of their privacy rights.
The post-September 11th environment in which we find ourselves is another factor which emphasizes the Office's need for public awareness and communications activities. Never before has it been more important to find the appropriate balance between privacy and security. The fundamental human right of privacy is under attack and, through public awareness activities, the Commissioner and his Office can inform Canadians of these critical issues, and encourage governments and organizations to rethink the privacy-invasiveness some of these initiatives.
Following is a brief outline of communications activities on which the Office of the Privacy Commissioner of Canada will focus its efforts, as well as efforts to measure the effectiveness of these activities, given the importance of increasing public awareness and understanding of privacy issues in 2003-2004:
Advertising
Leading up to 2004, the Office plans to launch a major national advertising campaign to ensure that Canadian businesses subject to the PIPED Act are aware of their obligations, and that citizens are aware of their rights, under the law. Advertisements will appear across the country, in both official languages. The Office will also explore opportunities to run advertisements targeted specifically toward small and medium-sized businesses, to ensure that they are very much aware of the new law.
The Office evaluates the effectiveness of advertising as a tool for raising public awareness and understanding of privacy issues through audience figures provided by media outlets, as well as feedback mechanisms built into the ads, which have doubled the number of inquiries to the Office and increased the number of hits to the Web site significantly.
Speaking Engagements and Conferences
Conferences and other special events provide the Commissioner and his Office with a unique opportunity to meet Canadians and to raise awareness of privacy issues and federal privacy laws among diverse audiences and settings - business groups, the legal community, other professional and industry associations, non-profit and advocacy groups, universities, and public events. In 2003-2004 and beyond, the Office will continue to create opportunities for public education by organizing speaking engagements for the Commissioner and other senior officials.
In addition to this, in September 2004, the Privacy Commissioner of Canada and his Office will host the 26th International Conference of Data Protection & Privacy Commissioners. This event will raise the profile of privacy issues in Canada and will demonstrate Canada's leadership in privacy issues on the international stage.
The Office evaluates the effectiveness of speaking engagements and conferences as a tool for raising public awareness and understanding of privacy issues by tracking the number of requests for speeches, the number of events that take place, the size of the audiences and audience feedback, which continues to be extremely favourable.
Publications
The Office has produced two guides to respond to the demand from Canadians and businesses for more information on the PIPED Act. The Citizens' Guide tells Canadians about their rights under the new law. The Business Guide informs organizations of their responsibilities under the law, so they can learn how to comply with it. These guides are in high demand; they are currently sent to individuals upon request, distributed at conferences and accessed electronically by visitors to our Web site. Leading up to 2004, the Office will continue to reproduce and disseminate these guides. In addition to this, the Office will develop and distribute brochures targeted specifically toward small and medium-sized businesses, to help them understand and better prepare for the implementation of the Act.
In addition to this, to satisfy a growing demand for more information on privacy issues, the Office will also produce fact sheets on a variety of key issues. The Office will also work to expand the number of suitable locations, such as information kiosks and government sites, where its publications - the guides, brochures, fact sheets, annual reports, copies of the Acts, etc. - can be disseminated. The Office will also consult with business groups and associations, to encourage them to distribute the guides, brochures and other material to their members.
The Office evaluates the effectiveness of its publications as a tool for raising public awareness and understanding of privacy issues by tracking the number of publications that are disseminated and taking note of the feedback provided by citizens and businesses who receive the material.
Media Relations
The media's appetite for news relating to privacy continues to increase steadily. In 2003-2004, in addition to responding to the demand for more information and comment about personal privacy and Canadians' rights under federal privacy laws, the Office will continue to maintain its proactive media relations program as an effective tool to raise awareness of various issues. The Commissioner and his Office will continue to issue public statements, news releases and media advisories; participate in editorial board meetings; contribute articles and other information to a variety of publications; and provide media relations support for conferences, public meetings and other special events. The Office will also look at creating new opportunities to reach Canadians and businesses at the grassroots level with a major community newspaper article campaign, to include a series of articles or columns on key privacy issues for dissemination to community newspapers across the country.
The Office evaluates the effectiveness of media relations as a tool for raising public awareness and understanding of privacy issues by tracking media requests to the Office, as well as media coverage of privacy issues and key issues raised by the Commissioner and his Office.
Web site
Since the Commissioner's appointment in September 2000, visits to the Office's Web site have increased ten-fold. The Office will continue to enhance the overall function, as well as the content of the site, to meet this ongoing demand for more information on privacy issues. In addition to continuing to add new elements such as news releases, speeches, fact sheets, links and select reports to the site, the Office will also continue to produce and post summaries of the Commissioner's findings under the PIPED Act in an effort to provide guidance to businesses and the legal community.
The Office evaluates the effectiveness of its Web site as a tool for raising public awareness and understanding of privacy issues by tracking the number of hits to the Web site, monitoring the popularity of certain sections of the site and taking into account feedback offered by visitors to the site.
Public inquiries
The Office of the Privacy Commissioner of Canada receives and responds to thousands of public inquiries on an ongoing basis by e-mail, telephone and mail. This function enables the Office to communicate directly with Canadians and to explain to them their rights under Canada's privacy laws. This is an activity that will continue to increase in importance as public awareness, and the number of inquiries to the Office, continue to rise. The Office will ensure that the appropriate human and financial resources are dedicated to respond to this demand.
The Office evaluates the effectiveness of responding to public inquiries as a tool for raising public awareness and understanding of privacy issues by tracking the number of inquiries to the Office, as well as the subject matter of these inquiries, to identify any trends. The Office also takes into account any comments provided by those who contact the Office with inquiries.
Liaison with stakeholder groups
In 2003-2004, the Office will continue its efforts to liaise and network with a variety of sector-specific organizations affected by the new legislation, such as the Federation of Independent Business, the Canadian Marketing Association, the Canadian Bankers Association, the Canadian Medical Association, etc. The Office will work with these groups to help them ensure that their members understand the implications of the PIPED Act. The Office will also encourage these groups to develop their own publications and material to further raise awareness and understanding of the Act in their specific sectors.
The Office evaluates the effectiveness of its liaison activities through evidence of positive relationships fostered, and through the participation of these groups in helping to raise awareness of the Act in their sectors.
Environmental monitoring, research and analysis
To anticipate issues that arise and to address the public need for information on privacy issues, the Office's environmental monitoring, research and analysis activities are paramount. In 2003-2004, it will be important for the Office to continue to track and analyze media coverage on privacy issues, which continues to increase dramatically. In addition to this, the Office will continue to monitor the World Wide Web, initiate research projects and prepare detailed analyses, and identify and track a variety privacy issues and trends ranging from e-commerce to genetic testing and from video surveillance to identity theft.
The Office's environmental monitoring, research and analysis activities ultimately support its public awareness activities and ensure that the Commissioner, senior officials and staff are kept informed of important privacy issues and trends.
Educational material for schools
In 2003-2004, the Office will explore opportunities to develop Web-based curriculum to arm educators with tools and students with information on key privacy issues and privacy legislation in Canada. The Office will look at providing educational material in electronic format, such as PowerPoint presentations, for use by schools, on its Web site.
The Office will first consult with educators to gauge their interest in the material, and will also consult with the educators and the students regarding its effectiveness in raising their awareness and understanding of privacy issues.
The Office of the Privacy Commissioner of Canada was created under the Privacy Act, which came into force on July 1, 1983.
In order to meet its objectives and provide Canadians with the established strategic outcomes, the Office has organized its activities around the following business lines:
The protection of personal information - federal public sector business line focuses on all activities related to the administration of the Privacy Act.
The protection of personal information - private sector business line focuses on all activities related to the administration of the PIPED Act.
The corporate services business line focuses on all activities related to the administrative support of the Office.
($ Thousands)
Strategic Outcome
|
Business Lines
|
Total by Strategic Outcome | ||
Federal Public Sector | Private Sector | Corporate Services | ||
Encouraging compliance with privacy law by both public and private sector organizations in Canada |
1,320
|
1,272
|
454
|
3,046
|
Safeguarding the right to privacy of Canadians |
1,680
|
3,008
|
568
|
5,256
|
Increasing public awareness and understanding of privacy issues |
1,201
|
1,388
|
341
|
2,930
|
Total by Business Line |
$ 4,201
|
$ 5,668
|
$ 1,363
|
$ 11,232
|
Amounts shown above include contributions to the Employee Benefits Plan (EBP), which are non-discretionary expenditures for the Office.
Resources, financial and Full Time Equivalents (FTE's), required by the Office to attain its results represent the following; additional details are included in annexes.
The decrease in funding and FTE's beginning in 2004-05 reflects the government's plan to review the Protection of personal information - private sector business line. Funding for this business line was originally provided in 2000-01 with the introduction of the PIPED Act. At that time, the true resource requirements could not be satisfactorily determined considering the uncertainty of the impact of the PIPED Act on the Office's activities.
The Office will be required to work
with TBS in 2003-04 to re-establish an appropriate
financial framework as of April 2004.
Investigations Branch
The Investigations 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 the Personal Information Protection and Electronic Documents Act.
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.
Through the Privacy Commissioner, the Branch has the authority to administer oaths, receive evidence and enter premises where appropriate. The Commissioner can also examine or obtain copies of records found in any premises.
To date, all complaints brought before the Commissioner have been resolved without having to use these formal investigative powers, because voluntary co-operation with investigations has been forthcoming.
Privacy Practices and Reviews Branch
Like the Investigations Branch, the Privacy Practices and Reviews Branch assesses how well organizations are complying with requirements set out in two federal Acts.
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 the Personal Information Protection and Electronic Documents Act.
The Privacy Act permits the Commissioner to randomly initiate a compliance review of federal institutions. The Personal Information Protection and Electronic Documents Act allows the Commissioner to audit the compliance of private organizations if the Commissioner has "reasonable grounds to believe" that the organizations 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 organizations regarding fair information handling practices with respect to any initiative with privacy implications.
Communications and Policy Branch
Communications and Policy Branch was created to carry out the public education and awareness mandate of the Commissioner and his Office, strengthened under the Personal Information Protection and Electronic Documents Act.
On the Communications side, the branch focuses on:
Since January 1, 2001, the Communications Branch has informed Canadians across the country of their new rights under the Personal Information Protection and Electronic Documents Act through advertising and has published comprehensive guides to the new Act for business and individual Canadians. These materials are being widely circulated and are posted on the Web site.
The Policy Division serves as the centre of expertise on emerging privacy issues in Canada and abroad. It is responsible for researching trends, providing analysis on key issues, and developing policies and positions that advance the protection of the privacy rights of Canadians.
The Inquiries Division responds to thousands of inquiries annually from the general public who contact the Office for advice and assistance on a wide range of privacy-related matters.
Legal Services
Legal Services, headed by the General Counsel, provides specialized legal and strategic advice and litigation support to the Privacy Commissioner with respect to the Privacy Act and the Personal Information Protection and Electronic Documents Act.
Corporate Services
Corporate Services provides advice and integrated administrative services (finance, human resources, information technology and general administration) to managers and staff. Effective April 1, 2002, Corporate Services is part of the Office of the Privacy Commissioner of Canada and resources are no longer shared with the Office of the Information Commissioner of Canada.
($ Thousands) |
Forecast Spending
2002-2003 |
Planned Spending
2003-2004 |
Planned Spending
2004-2005 |
Planned Spending
2005-2006 |
Protection of Personal Information - Federal Public Sector |
3,864
|
4,201
|
3,899
|
3,899
|
Protection of Personal Information - Private Sector |
5,970
|
5,668
|
* -
|
-
|
Corporate Services |
1,320
|
1,363
|
669
|
669
|
Total Main Estimates |
11,154
|
11,232
|
4,568
|
4,568
|
Adjustments *** |
388
|
-
|
-
|
-
|
Net Planned Spending ** |
11,542
|
11,232
|
4,568
|
4,568
|
Plus: Cost received without charge |
1,159
|
1,184
|
-
|
-
|
Net cost of Program |
12,701
|
12,416
|
4,568
|
4,568
|
Full Time Equivalents (FTEs) | 102 | 105 | 60 | 60 |
* The decrease in planned spending and FTEs beginning in 2004-05 reflects the government's plan to review the Protection of personal information - private sector business line. Funding for this business line was originally provided in 2000-01 with the introduction of the PIPED Act. At that time, the true resource requirements could not be satisfactorily determined considering the uncertainty of the impact of the PIPED Act on the Office's activities.
The Office will be required to work with TBS in 2003-04 to re-establish an appropriate financial framework as of April 2004.
** Reflects the best forecast of total net planned spending to the end of the fiscal year.
*** Adjustments are to accommodate approvals obtained since the Main Estimates and include Supplementary Estimates items and transfers from TBS votes for various initiatives.
Annex 1: Summary of Transfer Payments
($ Thousands) |
Forecast Spending
2002-2003 |
Planned Spending
2003-2004 |
Planned Spending
2004-2005 |
Planned Spending
2005-2006 |
Contributions | ||||
Protection of Personal Information - Private Sector |
- |
198 |
- |
- |
Total Transfer Payments |
- |
198 |
- |
- |
The contribution funds are part of the Protection of personal information - private sector business line. Originally, $ 500K was allotted to this allotment. In 2003-04, an amount of $ 302K is transferred to the Office of the Information Commissioner to cover the costs of the separation of Corporate Services.
The decrease in planned spending beginning in 2004-05 reflects the government's plan to review the Protection of personal information - private sector business line. Funding for this business line was originally provided in 2000-01 with the introduction of the PIPED Act. At that time, the true resource requirements could not be satisfactorily determined considering the uncertainty of the impact of the PIPED Act on the Office's activities.
The Office will be required to work with TBS in 2003-04 to re-establish an appropriate financial framework as of April 2004.
Annex 2: Net Cost of Program for 2003-04
($ Thousands) |
2003-2004
|
Net Planned Spending |
11,232
|
Plus: Services Received Without Charge |
|
Accommodations provided by Public Works and Government Services Canada |
646
|
Contributions covering employer's share of employees' insurance premiums and expenditures paid by Treasury Board Secretariat |
538
|
Net Cost of Program |
12,416
|
1. Legislation Administered by the Privacy Commissioner
The Privacy Commissioner has an oversight responsibility to Parliament for the:
Privacy Act
R.S.C. 1985, ch. P21, amended 1997,
c.20, s. 55
Personal Information Protection and
Electronic Documents Act
2000, c.5
2. Statutory Annual Reports and Other Publications
The Commissioner's annual reports on privacy issues are available on the Commissioner's Web site.
3. Contact for Further Information
A.J.M. Lamarche
Chief of Staff / Senior Advisor
Office of the Privacy Commissioner of Canada
Place de Ville, Tower B
112, Kent St., Suite 300
Ottawa, Ontario
K1A 1H3
Telephone: (613) 996-5336
Facsimile: (613) 947-6850
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