PRIVACY ACT,
ACCESS TO INFORMATION ACT

ANNUAL REPORT
APRIL 1, 2002 – MARCH 31, 2003

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

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INTRODUCTION

The following is the ninth Annual Report for the Department of Citizenship and Immigration on the administration of the Privacy Act and the Access to Information Act for the fiscal year commencing April 1, 2002 and ending March 31, 2003.

In 2002-2003, the programs administered by the Department derived authority from the Department of Citizenship and Immigration Act, the Immigration Act and Regulations, and the Citizenship Act and Regulations, and the Immigration and Refugee Protection Act and Regulations [note 1]

Citizenship and Immigration Canada brings together a broad range of activities: the selection of immigrants and refugees and the issuance of temporary resident visas abroad; the examination of persons seeking entry to Canada at ports of entry; the facilitation and control of immigrants and foreign visitors in Canada; the enforcement of the provisions of the Immigration and Refugee Protection Act and Regulations, including investigation, detention and removal from Canada; the settlement and integration of immigrants and refugees; and the processing of applications for Canadian citizenship and proof of citizenship.

Responsibility for the administration of the Privacy Act and the Access to Information Act falls under the Public Rights Administration Directorate (PRAD) of the Executive Services Branch, under the direction of the Access to Information and Privacy Co-ordinator. The Co-ordinator 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 co-ordinates all activities related to the legislation and the related regulations, directives and guidelines.

Requests for personal information made under the Privacy Act are processed on a decentralised basis, the responsibility for disclosure resting primarily with the local offices and points of service within National Headquarters that control the records. Conversely, requests made under the Access to Information Act are processed at National Headquarters only. Those 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

During the past fiscal year (2002-2003), Citizenship and Immigration Canada (CIC) undertook the following initiatives to improve client service under the Access to Information Act and the Privacy Act (ATIP). Treasury Board made these initiatives possible by a special allocation to the department.

• CIC ATIP staff participated in a review of the Government of Canada’s use of the Social Insurance Number. Work continues on this venture in fiscal year 2003-2004, and is led by the Treasury Board of Canada Secretariat.
• CIC staff also participated in various interdepartmental activities that examined ways to streamline procedures relating to the Privacy Impact Assessment Policy.
• The Department provided input to the Department of Justice and the Secretariat of the Treasury Board about the various reforms proposed to the Access to Information Act by the June 2002 Access to Information Review Task Force Final Report.
• The ATIP staff at CIC was very active this year in providing privacy advice on new initiatives relating to information sharing with departments and agencies of other countries, other Canadian federal departments and agencies and with provincial governments.
• ATIP and Information Management staff at CIC prepared an “ATIP and email management course” for CIC managers and employees, which focused on adherence to applicable Government of Canada laws, policies and guidelines (e.g., access to information, privacy, security, information management).
• Systems relating to ATIP-request processing at the ATIP office in Ottawa were upgraded in order to process ATIP requests from the public more efficiently.

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 97 cases where the records sought from these institutions related to CIC’s activities. Statistics related to these 97 cases are not reflected elsewhere in this annual report.

Privacy Impact Assessments

In 2002-2003, privacy impact assessments were finalized and approved for the following initiatives:

• Immigration Contribution Accountability Measurement System (iCAMS), an Internet-based system that is designed to support the performance measurement component of CIC’s Contribution Accountability Framework for settlement and re-settlement programs.
• Advance Passenger Information (API) program, which is a joint CIC–Canada Customs and Revenue Agency initiative that allows CIC to receive and review passenger information on travellers prior to their arrival in Canada, and is limited to tombstone data contained in the machine-readable zone of the passport.
• The Previously Deported Persons (PDP) Initiative will enhance public safety by identifying illegal migrants who have been deported and are prohibited from returning to Canada (particularly those individuals who pose a security risk).
• The Statement of Mutual Understanding (SMU) on Information Sharing among Citizenship and Immigration Canada, the United States Immigration and Naturalization Services and the United States Department of State lays out the overarching principles of sharing information among the participants on a case-by-case basis and allows for the incorporation of annexes on various programs.

 

PART ONE:
PRIVACY ACT

1. Statistical summary of the administration of the Privacy Act by Citizenship and Immigration Canada (CIC) for the fiscal year 2002-2003.

The following statistics describe the administration of the Privacy Act by CIC for the fiscal year April 1, 2002 to March 31, 2003.

(a) Requests under the Privacy Act

Received during the reporting period	4,812
Outstanding from previous period	530*
Total:	5,342
Completed during reporting period	4,890
Carried forward to fiscal year 2003-2004	452

For the reporting period CIC received a total of 4,812 formal requests under the Privacy Act.

(b) Disposition of requests completed

All disclosed	2,767
Disclosed in part	1,384
Nothing disclosed (excluded in total)	1
Nothing disclosed (exempted in total)	6
Unable to process	478
Abandoned by applicant	140
Transferred	114
Total:	4,890

A total of 4,890 requests were completed during the fiscal year. Of these requests, the information requested was disclosed in its entirety in 2,767 cases, or 56.6% of all requests. An additional 1,384 or 28.3% of requests saw a partial release of the requested information. One of the completed requests resulted in complete exclusion of the information and six of the completed requests resulted in complete exemption of the information totalling 7 or 0.1% of the completed requests. The remaining 732 or 15.0% of the completed requests fall into the categories of unable to process, abandoned by applicant, or transferred to another department.

* CIC reported to Parliament last year that it carried over 531 active requests. The starting balance reported here is lower by one because one request was completed in 2001-2002 but closed in the tracking system in 2002-2003.

(c) Exemptions invoked

Subsection 18(2)	0
Paragraph 19(1)(a)	227
Paragraph 19(1)(b)	46
Paragraph 19(1)(c)	123
Paragraph 19(1)(d)	215
Section 20	0
Section 21	181
Paragraph 22(1)(a)	126
Paragraph 22(1)(b)	352
Paragraph 22(1)(c)	0
Subsection 22(2)	1
Subsection 23(a)	0
Subsection 23(b)	0
Section 24	1
Section 25	4
Section 26	1074
Section 27	53
Section 28	0
Total:	2,403

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 1,074 cases or approximately 45% of all exemptions applied in 2002-2003. Section 19 was invoked in 611 cases or 25% of the exemptions. Finally, Section 22 was applied in 479 cases or 20% of the total exemptions.

(d) Exclusions invoked

Paragraph 69(1)(a)	0
Paragraph 69(1)(b)	0
Paragraph 70(1)(a)	1
Paragraph 70(1)(b)	0
Paragraph 70(1)(c)	0
Paragraph 70(1)(d)	0
Paragraph 70(1)(e)	0
Paragraph 70(1)(f)	0
Total:	1

(e) Completion time

30 days or under	3,558
31 to 60 days	687
61 to 120 days	319
121 days or over	326
Total:	4,890

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

(f) Extensions for 30 days or under

Interference with operations	19
Consultations	531
Translation	5
Total:	555

(g) Translations

Translations requested	8
English to French	7
French to English	1

(h) Method of access

Copies given	4,057
Examination	14
Copies and examination	80
Total:	4,151

(i) Corrections and notation

Corrections requested	9
Corrections made	1
Notation attached	2

(j) Costs

Full-time equivalent utilisation	33.3
Salary	$1,356,270
Administration	403,905
Total:	$1,760,175

(k) Complaints to the Privacy Commissioner

Received during reporting period	82
Outstanding from previous period	40
Total:	122
Completed during reporting period	86
Carried forward to fiscal year 2003-2004	36

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 three hundred and ninety-one (391) of Citizenship and Immigration Canada’s clients were received from investigative bodies under paragraph 8(2)(e) during the reporting period under review. Most requests for this fiscal year were from the bodies listed below:

• Canadian Security Intelligence Service
• Royal Canadian Mounted Police
• Canada Customs and Revenue Agency
• Justice Canada

 

PART TWO:
ACCESS TO INFORMATION ACT

1. Statistical summary of the administration of the Access to Information Act by Citizenship and Immigration Canada (CIC) for fiscal year 2002-2003.

This section describes the administration of the Access to Information Act within Citizenship and Immigration Canada (CIC) for the fiscal year April 1, 2002 to March 31, 2003.

(a) Requests under the Access to Information Act

Received during the reporting period	7,444
Outstanding from previous period	858
Total:	8,302
Completed during reporting period	7,218
Carried forward to fiscal year 2003-2004	1,084

(b) Source of requests

Media	72
Business	6,096
Organizations	101
Public	1,171
Academia	4
Total:	7,444

(c) Disposition of requests completed

All disclosed	3,073
Disclosed in part	3,079
Nothing disclosed (excluded in total)	13
Nothing disclosed (exempted in total)	8
Unable to process	584
Abandoned by applicant	433
Transferred	4
Treated informally	24
Total:	7,218

(d) Exemptions invoked

Paragraph 13(1)(a)	138
Paragraph 13(1)(b)	22
Paragraph 13(1)(c)	145
Paragraph 13(1)(d)	55
Section 14	33
Subsection 15(1) international relations	2
Subsection 15(1) defence	0
Subsection 15(1) subversive activities	799
Paragraph 16(1)(a)	73
Paragraph 16(1)(b)	49
Paragraph 16(1)(c)	375
Paragraph 16(1)(d)	1
Subsection 16(2)	134
Subsection 16(3)	1
Section 17	10
Subsection 18(a)	10
Subsection 18(b)	1
Subsection 18(c)	1
Subsection 18(d)	4
Subsection 19(1)	2,514
Paragraph 20(1)(a)	8
Paragraph 20(1)(b)	35
Paragraph 20(1)(c)	43
Paragraph 20(1)(d)	16
Paragraph 21(1)(a)	101
Paragraph 21(1)(b)	142
Paragraph 21(1)(c)	40
Paragraph 21(1)(d)	33
Section 22	14
Section 23	107
Section 24	3
Section 26	0
Total:	4,909

The majority of exemptions invoked under the Access to Information Act fell under three sections: Section 19(1), designed to protect the personal information of an individual other than the requester; Section 15, which covers subversive activities and Section 16, which deals with law enforcement and investigations. Section 19(1) was invoked in 2,514 cases or 51% of all exemptions applied in 2002-2003. In addition, in 801 cases or 16% of the total exemptions, CIC applied Section 15. Another 632 or 13% cases of the exemptions invoked were pursuant to Section 16 of the Act.

(e) Exclusions cited

Subsection 68(a)	20
Subsection 68(b)	1
Subsection 68(c)	1
Paragraph 69(1)(a)	24
Paragraph 69(1)(b)	1
Paragraph 69(1)(c)	5
Paragraph 69(1)(d)	8
Paragraph 69(1)(e)	18
Paragraph 69(1)(f)	2
Paragraph 69(1)(g)	79
Total:	159

(f) Completion time

30 days or under	6,108
31 to 60 days	614
61 to 120 days	175
121 days or over	321
Total:	7,218

Of the 7,444 requests received during the reporting period, 4,943 requests were completed within 30 days and 1,189 requests were completed within authorized extension periods.

(g) Extensions for 30 days or under

Searching	11
Consultation	1,325
Third Party consultation	3
Total:	1,339

(h) Extensions for 31 days or over

Searching	257
Consultation	46
Third party consultation	11
Total:	314

(i) Method of access

Copies given	6,104
Examination	23
Copies and examination	25
Total:	6,152

(j) Costs

Full-time equivalent utilisation	30.5
Salary	$1,463,668
Administration	778,788
Total:	$2,242,456

(k) Net fees collected

Application fees	$36,355.00
Reproduction	17,540.80
Searching	50.00
Preparation	154.60
Computer processing	5.00
Total:	$54,105.40

(l) Fees waived

$25.00 or under	$21,643.20
Over $25.00	13,389.40
Total:	$35,032.60

(m) Complaints to the Information Commissioner

Received during reporting period	44
Outstanding from previous period	80
Total:	124
Completed during reporting period	94
Carried forward	30

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[1] The Immigration and Refugee Protection Act came into force June 28, 2002 and replaced the Immigration Act.