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PRIVACY ACT,
ACCESS TO INFORMATION ACT

ANNUAL REPORT
2003–2004

• Introduction
• Part One: Privacy Act
• Part Two: Access to Information Act

INTRODUCTION

Citizenship and Immigration Canada (CIC) is pleased to submit to Parliament its 10th annual report on the administration of the Privacy Act and the Access to Information Act for the fiscal year commencing April 1, 2003, and ending March 31, 2004.

In 2003–2004, the programs administered by the Department derived authority from the Department of Citizenship and Immigration Act, the Citizenship Act and its regulations, and the Immigration and Refugee Protection Act and its regulations.

The work of CIC encompasses a broad range of activities: the selection of immigrants and refugees and the issuance of temporary resident visas abroad; the examination of people seeking entry to Canada at ports of entry; the facilitation and control of immigrants and foreign visitors in Canada; the settlement and integration of immigrants and refugees; and the processing of applications for Canadian citizenship and proof of citizenship. On December 12, 2003, responsibility for most intelligence and enforcement functions of the Immigration and Refugee Protection Act and its regulations, including investigations, detentions, hearings, pre-removal risk assessments and removals from Canada, interdiction activities abroad, forensic document analysis and expertise, screening for security, organized crime and modern war crimes, was transferred to the new Canada Border Services Agency.

The administration of the Privacy Act and the Access to Information Act is the responsibility of the Public Rights Administration Division (PRAD) of the Executive Services Branch, under the direction of the access to information and privacy coordinator. The coordinator is responsible for planning, developing and updating policies and procedures related to the two acts and ensuring departmental compliance with legislative obligations. PRAD plays a key role in the processing of requests for information, and coordinates all activities related to the legislation and the relevant regulations, directives and guidelines.

Requests for personal information made under the Privacy Act are processed on a decentralized basis, the responsibility for disclosure resting primarily with the local offices and points of service that control the records. Conversely, requests made under the Access to Information Act are processed at national headquarters only. Officials at national headquarters who are designated by the minister authorize all exemptions.

This report is presented in accordance with section 72 of each act. Part One deals with the Privacy Act and Part Two, with the Access to Information Act.

New Developments

Highlights

In 2003–2004, CIC undertook the following initiatives to improve client service under the Access to Information Act and the Privacy Act (ATIP).

• It developed an intranet site to assist employees with matters related to access to information and privacy.
• It provided guidance and advice on the minister’s October 2003 Forum on Biometrics.
• It worked on developing a draft privacy impact assessment policy. Work continues on this.

Consultations

In addition to processing requests under the Access to Information Act and the Privacy Act, CIC was also consulted by other government institutions in 114 cases where the records sought from these institutions related to CIC activities. The statistics for these 114 cases are not included in this report.

Application to the Federal Court for Mandamus

Mandamus is a legal administrative remedy by which the Court is asked to order that an unfulfilled statutory duty be fulfilled. For example, a requester can ask the Federal Court to order that CIC process certain requests for information within a specified time period.

In 2002–2003, two applications for mandamus were filed, encompassing 75 requests. CIC and the applicant made arrangements to deal with both of these outside the court process. At the time of this writing, 70 of the requests have been finalized and five are in process.

In the 2003–2004 reporting period, three applications for mandamus were filed, involving 133 requests. CIC and the applicant made arrangements to deal with all three outside the court process. At the time of this writing, 99 of the requests have been finalized and 34 are in process.

Privacy Impact Assessments

In 2003–2004, CIC worked on the development of 19 privacy impact assessments or preliminary privacy impact assessments, including the following.

• The Annex Regarding the Sharing of Information on Asylum and Refugee Status Claims to the Statement of Mutual Understanding on Information Sharing (also known as the Asylum Annex) is a project in which Canada and the United States share information on refugee status and asylum seekers in both countries, excluding Canadian and U.S. citizens and former habitual residents of either country.
• LiveScan Automated Fingerprint Systems is an automated fingerprint system that collects fingerprints, palm prints, writers’ palm prints, subject photographs and demographic information. The data are then encrypted and transmitted electronically to the RCMP Automated Fingerprint Identification System for searches against the fingerprint database. The results are transmitted back to CIC. LiveScan is used to fingerprint refugee claimants and people who may be criminally inadmissible to Canada.
• The E-Health Pilot Project will develop and test an automated, integrated medical examination and public health reporting system that facilitates the timely sharing of immigration health data among partners, using existing technologies.

PART ONE:
PRIVACY ACT

1. Statistical summary of actions taken by CIC in response to requests for information under the Privacy Act

The following statistics summarize the activities undertaken by CIC under the Privacy Act in the year under review.

(a) Requests under the Privacy Act

* Last year, CIC reported to Parliament that it carried over 452 active requests. The number is slightly different because of system inconsistencies.

In this reporting period, CIC received a total of 5,515 formal requests under the Privacy Act.

(b) Disposition of completed requests

A total of 4,870 requests were completed during the fiscal year. Of these, the information requested was disclosed in its entirety in 2,818 cases, or 57.9% of all requests. Information for an additional 1,057 requests (or 21.7%) was partially released. Four of the completed requests (or 0.1%) resulted in the complete exemption of the information. The remaining 991 completed requests (or 20.3%) fell into the categories of unable to process, abandoned by applicant, or transferred to another department.

(c) Exemptions invoked

The majority of exemptions invoked under the Privacy Act fell under Section 26, designed to protect the personal information of an individual other than the requester; Section 19, which covers personal information obtained in confidence; and Section 22, dealing with law enforcement and investigations. Section 26 was invoked in 666 cases, or approximately 47.7% of all exemptions applied in 2003–2004. Section 19 was invoked in 303 cases, or 21.7% of the exemptions. Finally, Section 22 was applied in 244 cases, or 17.5% of the total exemptions.

(d) Exclusions invoked

(e) Completion time

Approximately 73% of the completed requests were processed within 30 days.

(f) Extensions for 30 days or under

(g) Translations

(h) Method of access

(i) Corrections and notation

(j) Costs

2. Complaints and appeals

(a) Complaints to the Privacy Commissioner

(b) Appeals to the Federal Court

One appeal to the Federal Court was initiated in the 2002–2003 reporting year and discontinued by the appellant in 2003–2004.

3. Disclosure of personal information under paragraph 8(2)(e)

The Department processes formal requests when an investigative body designated in the Regulations submits a request in accordance with the requirements specified in the Treasury Board manual on privacy and data protection.

Requests for information concerning 515 of CIC’s clients were received from investigative bodies under paragraph 8(2)(e) during the period under review. Most requests for this fiscal year were from the following agencies.

• The Canadian Security Intelligence Service
• The Royal Canadian Mounted Police
• The Canada Customs Agency (now part of the Canada Border Services Agency)
• Justice Canada

PART TWO:
ACCESS TO INFORMATION ACT

1. Statistical summary of actions taken by CIC in response to requests for information under the Access to Information Act

This section summarizes the activities undertaken by CIC under the Access to Information Act in the year under review.

(a) Requests under the Access to Information Act

* Last year, CIC reported to Parliament that it carried over 1,084 active requests. The number is slightly different because of system inconsistencies.

(b) Source of requests

(c) Disposition of completed requests

(d) Exemptions invoked

The majority of exemptions invoked under the Access to Information Act fell under three sections: subsection 19(1), designed to protect the personal information of an individual other than the requester; Section 15(1), which covers international relations, defence and subversive activities; and Section 16, which deals with law enforcement and investigations. Subsection 19(1) was invoked in 2,989 cases, or 54.4% of all exemptions that applied in 2003–2004. In addition, 928 cases, or 16.9% of the total exemptions, were exempted under Section 15(1). Another 799 cases, or 14.5%, were exempted pursuant to Section 16 of the Act.

(e) Exclusions cited

(f) Completion time

In addition to the 5,518 requests completed within 30 days, 876 requests were completed within the authorized extension periods. Therefore, 84% of the completed requests were processed within 30 days or within the extended time periods allowed under the Access to Information Act.

(g) Extensions for 30 days or under

(h) Extensions for 31 days or over

(i) Method of access

(j) Costs

(k) Net fees collected

(l) Fees waived

2. Complaints and appeals

(a) Complaints to the Information Commissioner

(b) Appeals to the Federal Court

One appeal to the Federal Court was initiated in the 2002–2003 reporting year and discontinued by the appellant in 2003–2004.

© Minister of Public Works and Government Services Canada, 2004
Cat. no. Ci1-4/2004
ISBN 0-662-67876-1