ANNUAL REPORT
2005–2006
Citizenship and Immigration Canada (CIC) is pleased to submit to Parliament its 12th annual report on the administration of the Privacy Act and the Access to Information Act for the fiscal year commencing April 1, 2005, and ending March 31, 2006.
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.
The authority of the Department to administer its programs is found in 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 Department:
The administration of the Privacy Act and the Access to Information Act is the responsibility of the Public Rights Administration Division (PRAD) of the Corporate Services Sector, 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 associated 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. Officials at the regional level are delegated by the Minister to authorize certain exemptions pursuant to section 73 of the Privacy Act. Conversely, requests made under the Access to Information Act are processed only at National Headquarters by officials who are designated by the Minister to authorize all exemptions.
In 2005-2006, CIC undertook the following initiatives to gain efficiencies and improve client service under the Access to Information and Privacy (ATIP) Acts:
In addition to the initiatives listed above, and despite the fact that the volume of access to information requests received by CIC increased by over 14%, CIC met deadlines for 91.6% of the requests received over the course of the year. A significant backlog of requests made by one bulk requestor was also eliminated this year. Thirty-four complaints were made to the Information Commissioner, which represents only 0.3% of the requests received. This figure is down from about 0.5% last year.
CIC met deadlines in 67.8% of privacy requests and continues to strive to improve this performance. Complaints to the Privacy Commissioner were made in 82 cases, which represent only 1.9% of requests received. This percentage is about the same as last year.
In addition to processing requests under the Access to Information Act and the Privacy Act, CIC was also consulted by other government institutions in 211 cases where the records sought from these institutions related to CIC activities. The statistics for these 211 cases are not included in this report.
CIC did not undertake any new data-matching or information sharing activities during the reporting period.
PPIAs:
OFF-CAMPUS WORK PERMIT PROGRAM FOR INTERNATIONAL STUDENTS
This PPIA concerns eligible international students who can apply for a work permit to work off campus. It addresses issues regarding the exchange of personal information for the purpose of an annual verification process on the students’ eligibility to work off campus.
On-going PIAs:
BIOMETRICS
Admissibility Branch (recently renamed Risk Assurance Branch) has completed the final version of the PIA for the Biometrics Field Trial and this will be submitted to the Office of the Privacy Commissioner (OPC). This final version includes adjustments made as a result of consultations with the OPC.
The scope of the PIA dealt with how biometric technology will affect both CIC’s current processes and its clients. The following areas were addressed: structure of the field trial, legislative authority, risk management, communications, the creation and storage of templates within the context of a field trial and the measurement of client satisfaction.
GOING TO CANADA IMMIGRATION PORTAL
The “Going to Canada” Immigration Portal was designed to provide seamless online information and services from a variety of government and non-governmental sources to help prospective and new immigrants make informed decisions about living and working in Canada. The portal is accessible on the Government of Canada’s website at www.directioncanada.gc.ca. In 2005, the Integration Branch and Business Solutions Branch completed a PPIA for the “Going to Canada” Immigration Portal initiative. That report was submitted to the Office of the Privacy Commissioner. The Integration Branch is initiating a PIA in response to some of the recommendations outlined in the report.
E-MEDICAL PROJECT
The Information Management and Technologies Branch has led a CIC-wide planning process concerning e-initiatives for client service transformation, including e-application and the Medical Services Branch’s related e-projects. A PIA on these projects was completed in February 2006. This PIA identifies recommended steps to address and satisfy privacy issues related to the Medical Services Branch’s e-projects.
PIA Summaries:
The following PIA summaries were published on CIC’s website http://www.cic.gc.ca/english/department/atip/pia.asp in 2005-2006.
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
Received during the reporting period | 4,176 |
Outstanding from previous period (received in previous years and still in process at beginning of 2005–2006) | 1,188 |
Total: | 5,364 |
Completed during reporting period | 3,980 |
Carried forward to 2006-2007 (received in previous years and still in process at beginning of 2006-2007) | 1,322 |
(b) Disposition of completed requests
All disclosed | 2,107 |
Disclosed in part | 1,032 |
Nothing disclosed (excluded in total) | 0 |
Nothing disclosed (exempted in total) | 0 |
Unable to process | 503 |
Abandoned by applicant | 292 |
Transferred | 46 |
Total: | 3,980 |
A total of 3,980 requests were completed during the fiscal year. Of these, the information requested was disclosed in its entirety in 2,107 cases, (or 52.9%) of all requests. Information for an additional 1,032 requests (or 25.9%) was partially released. The remaining 841 completed requests (or 21.1%) fell under the categories of unable to process, abandoned by applicant, or transferred to another Federal institution.
(c) Exemptions invoked
Subsection 18(2) | 0 |
Paragraph 19(1)(a) | 35 |
Paragraph 19(1)(b) | 3 |
Paragraph 19(1)(c) | 23 |
Paragraph 19(1)(d) | 17 |
Section 20 | 0 |
Section 21 | 413 |
Paragraph 22(1)(a) | 9 |
Paragraph 22(1)(b) | 97 |
Paragraph 22(1)(c) | 0 |
Subsection 22(2) | 0 |
Subsection 23(a) | 0 |
Section 24 | 0 |
Section 25 | 17 |
Section 26 | 453 |
Section 27 | 9 |
Section 28 | 0 |
Total: | 1,076 |
The majority of exemptions invoked under the Privacy Act fell under section 26, which is designed to protect the personal information of an individual other than the requestor; section 21, which concerns international affairs and defence; section 22, which deals with law enforcement and investigations; and section 19, which covers personal information obtained in confidence.
(d) Exclusions invoked
Paragraph 69(1)(a) | 0 |
Paragraph 69(1)(b) | 0 |
Paragraph 70(1)(a) | 0 |
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: | 0 |
(e) Completion time
30 days or under | 2,837 |
31 to 60 days | 419 |
61 to 120 days | 221 |
121 days or over | 503 |
Total: | 3,980 |
(f) Extensions for 30 days or under
Interference with operations | 8 |
Consultations | 298 |
Translations | 1 |
Total: | 307 |
(g) Translations
Translations requested | 16 |
English to French | 11 |
French to English | 5 |
(h) Method of access
Copies given | 3,129 |
Examinations | 6 |
Copies and examinations | 4 |
Total: | 3,139 |
(i) Corrections and notations
Corrections requested | 20 |
Corrections made | 6 |
Notations attached | 14 |
(j) Costs
Full-time equivalent utilization | 21.4 |
Salaries | $1,752,000 |
Administration | $987,000 |
Total: | $2,739,000 |
2. Complaints and appeals
(a) Complaints to the Privacy Commissioner
Received during reporting period | 82 |
Outstanding from previous period | 57 |
Total: | 139 |
Completed during reporting period | 82 |
Carried forward to 2006–2007 | 57 |
3. Disclosure of personal information under subsection 8(2)
The majority of requests concerning the disclosure of personal information fall 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.
During the period under review, 701 requests for information concerning CIC’s clients were received from investigative bodies under paragraph 8(2)(e). Most requests for the year 2005-2006 were from the following agencies:
There were also 28 releases of personal information reported under paragraph 8(2)(f), which concerns the enforcement of any law or the carrying out of lawful investigations.
There were no releases of personal information under paragraph 8(2)(m), which concerns cases where the public interest in disclosure clearly outweighs any invasion of privacy and where disclosure would clearly benefit the individual to whom the information relates.
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
Received during the reporting period | 10,309 |
Outstanding from previous period (received in previous years and still in process at beginning of 2005–2006) |
1,732 |
Total: | 12,041 |
Completed during reporting period | 10,518 |
Carried forward to 2006–2007 (received in 2005–2006 and still in process at beginning of 2006–2007) |
1,523 |
(b) Source of requests
Media | 52 |
Business | 7,732 |
Organization | 138 |
Public | 2,312 |
Academia | 75 |
Total: | 10,309 |
(c) Disposition of completed requests
All disclosed | 3,608 |
Disclosed in part | 5,699 |
Nothing disclosed (excluded in total) | 4 |
Nothing disclosed (exempted in total) | 8 |
Transferred | 52 |
Unable to process | 401 |
Abandoned by applicant | 737 |
Treated informally | 9 |
Total: | 10,518 |
(d) Exemptions invoked
Paragraph 13(1)(a) | 191 |
Paragraph 13(1)(b) | 25 |
Paragraph 13(1)(c) | 288 |
Paragraph 13(1)(d) | 64 |
Section 14 | 99 |
Subsection 15(1) | 2,817 |
Paragraph 16(1)(a) | 123 |
Paragraph 16(1)(b) | 104 |
Paragraph 16(1)(c) | 1,147 |
Paragraph 16(1)(d) | 0 |
Subsection 16(2) | 304 |
Subsection 16(3) | 0 |
Section 17 | 28 |
Subsection 18(a) | 7 |
Subsection 18(b) | 6 |
Subsection 18(c) | 0 |
Subsection 18(d) | 7 |
Subsection 19(1) | 4,047 |
Paragraph 20(1)(a) | 91 |
Paragraph 20(1)(b) | 46 |
Paragraph 20(1)(c) | 40 |
Paragraph 20(1)(d) | 13 |
Paragraph 21(1)(a) | 266 |
Paragraph 21(1)(b) | 312 |
Paragraph 21(1)(c) | 97 |
Paragraph 21(1)(d) | 79 |
Section 22 | 23 |
Section 23 | 224 |
Section 24 | 4 |
Section 26 | 3 |
Total: | 10,455 |
The majority of exemptions invoked under the Access to Information Act fell under three sections: subsection 19(1), which is designed to protect the personal information of an individual other than the requestor; subsection 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 4,047 cases, (or 38.7%) of all exemptions that applied in 2005-2006. In addition, 2,817 cases, (or 26.9% of the total exemptions) were exempted under subsection 15(1). Another 1,678 cases, (or 16%), were exempted pursuant to section 16 of the Act.
(e) Exclusions cited
Subsection 68(a) | 45 |
Subsection 68(b) | 0 |
Subsection 68(c) | 0 |
Paragraph 69(1)(a) | 76 |
Paragraph 69(1)(b) | 0 |
Paragraph 69(1)(c) | 3 |
Paragraph 69(1)(d) | 5 |
Paragraph 69(1)(e) | 16 |
Paragraph 69(1)(f) | 1 |
Paragraph 69(1)(g) | 185 |
Total: | 331 |
(f) Completion time
30 days or under | 6,566 |
31 to 60 days | 2,728 |
61 to 120 days | 458 |
121 days or over | 766 |
Total: | 10,518 |
(g) Extensions for 30 days or under
Searches/volume | 90 |
Consultations | 916 |
Third-party consultations | 4 |
Total: | 1,010 |
(h) Extensions for 31 days or over
Searches/volume | 351 |
Consultations | 58 |
Third-party consultations | 5 |
Total: | 414 |
(i) Method of access
Copies given | 9,296 |
Examinations | 3 |
Copies and examinations | 8 |
Total: | 9,307 |
(j) Costs
Full-time equivalent utilization | 27.3 |
Salaries | $1,138,800 |
Administration | 641,550 |
Total: | $1,780,350 |
(k) Net fees collected
Application fees | $53,369.61 |
Reproduction | 23,830.00 |
Searches | 320.00 |
Preparation | 42.50 |
Computer processing | 10.00 |
Total: | $77,572.91 |
(l) Fees waived
$25 or under | $31,039.30 |
Over $25 | $9,181.00 |
Total: | $40,220.30 |
2. Complaints and appeals
(a) Complaints to the Information Commissioner
Received during reporting period | 34 |
Outstanding from previous period | 23 |
Total: | 57 |
Completed during reporting period | 35 |
Carried forward to 2006–2007 | 22 |
Institution Citizenship and Immigration Canada |
Reporting period April 1, 2005 – March 31, 2006 |
I Requests under the Privacy Act | |
Received during reporting period | 4,176 |
Outstanding from previous period | 1,188 |
TOTAL | 5,364 |
Completed during reporting period | 3,980 |
Carried forward | 1,322 |
II Disposition of request completed | ||
1. | All disclosed | 2,107 |
2. | Disclosed in part | 1,032 |
3. | Nothing disclosed (excluded) | 0 |
4. | Nothing disclosed (exempt) | 0 |
5. | Unable to process | 503 |
6. | Abandonned by applicant | 292 |
7. | Transferred | 46 |
TOTAL | 3,980 |
III Exemptions invoked | ||
Section 18(2) | 0 | |
Section 19(1) | (a) | 35 |
(b) | 3 | |
(c) | 23 | |
(d) | 17 | |
Section 20 | 0 | |
Section 21 | 413 | |
Section 22(1) | (a) | 9 |
(b) | 97 | |
(c) | 0 | |
Section 22(2) | 0 | |
Section 23 | (a) | 0 |
(b) | 0 | |
Section 24 | 0 | |
Section 25 | 17 | |
Section 26 | 453 | |
Section 27 | 9 | |
Section 28 | 0 |
IV Exclusions cited | ||
Section 69(1) | (a) | 0 |
(b) | 0 | |
Section 70(1) | (a) | 0 |
(b) | 0 | |
(c) | 0 | |
(d) | 0 | |
(e) | 0 | |
(f) | 0 |
V Completion time | |
30 days or under | 2,837 |
31 to 60 days | 419 |
61 to 120 days | 221 |
121 days or over | 503 |
VI Extentions | ||
30 days or under | 31 days or over | |
Interference with operations | 8 | 0 |
Consultation | 298 | 0 |
Translation | 1 | 0 |
TOTAL | 307 | 0 |
VII Translations | ||
Translations requested | 16 | |
Translations prepared |
English to French | 11 |
French to English | 5 |
VIII Method of access | |
Copies given | 3,129 |
Examination | 6 |
Copies and examination | 4 |
IX Corrections and notation | |
Corrections requested | 20 |
Corrections made | 6 |
Notation attached | 14 |
X Costs | ||
Financial (all reasons) | ||
Salary | $ | 1,752,000 |
Administration (O and M) | $ | 987,000 |
TOTAL | $ | 2,739,000 |
Person year utilization (all reasons) | ||
Person year (decimal format) | 21.4 |
Institution Citizenship and Immigration Canada |
Reporting period April 1, 2005– March 31, 2006 |
Source | |
Media | 52 |
Academia | 75 |
Business | 7,732 |
Organization | 138 |
Public | 2,312 |
I Requests under the Access to Information Act | |
Received during reporting period | 10,309 |
Outstanding from previous period | 1,732 |
TOTAL | 12,041 |
Completed during reporting period | 10,518 |
Carried forward | 1,523 |
II Dispositon of requests completed | ||
1. | All disclosed | 3,608 |
2. | Disclosed in part | 5,699 |
3. | Nothing disclosed (excluded) | 4 |
4. | Nothing disclosed (exempt) | 8 |
5. | Transferred | 52 |
6. | Unable to process | 401 |
7. | Abandoned by applicant | 737 |
8. | Treated informally | 9 |
TOTAL | 10,518 |
III Exemptions invoked | ||
Section 13(1) | (a) | 191 |
(b) | 25 | |
(c) | 288 | |
(d) | 64 | |
Section 14 | 99 | |
Section 15(1) | International rel. & Defence | 2,817 |
Section 16(1) | (a) | 123 |
(b) | 104 | |
(c) | 1,147 | |
(d) | 0 | |
Section 16(2) | 304 | |
Section 16(3) | 0 | |
Section 17 | 28 | |
Section 18 | (a) | 7 |
(b) | 6 | |
(c) | 0 | |
(d) | 7 | |
Section 19(1) | 4,047 | |
Section 20(1) | (a) | 91 |
(b) | 46 | |
(c) | 40 | |
(d) | 13 | |
Section 21(1) | (a) | 266 |
(b) | 312 | |
(c) | 97 | |
(d) | 79 | |
Section 22 | 23 | |
Section 23 | 224 | |
Section 24 | 4 | |
Section 26 | 3 |
IV Exclusions cited | ||
Section 68 | (a) | 45 |
(b) | 0 | |
(c) | 0 | |
Section 69(1) | (a) | 76 |
(b) | 0 | |
(c) | 3 | |
(d) | 5 | |
(e) | 16 | |
(f) | 1 | |
(g) | 185 |
V Completion time | |
30 days or under | 6,566 |
31 to 60 days | 2,728 |
61 to 120 days | 458 |
121 days or over | 766 |
VI Extensions | ||
30 days or under | 31 days or over | |
Searching | 90 | 351 |
Consultation | 916 | 58 |
Third party | 4 | 5 |
TOTAL | 1,010 | 414 |
VII Translations | ||
Translations requested | 0 | |
Translations prepared | English to French | 0 |
French to English | 0 |
VIII Method of access | |
Copies given | 9,296 |
Examination | 3 |
Copies and examination | 8 |
IX Fees | ||||
Net fees collected | ||||
Application fees | $53,369.61 | Preparation | $42.50 | |
Reproduction | $23,830.80 | Computer processing | $10.00 | |
Searching | $320.00 | TOTAL | $77,572.91 | |
Fees waived | No. of times | $ | ||
$25.00 or under | 8,050 | $ | $31,039.30 | |
Over $25.00 | 117 | $ | $9,181.70 |
X Costs | ||
Financial (all reasons) | ||
Salary | $ | 1,138,800.00 |
Administration (O and M) | $ | 641,550.00 |
TOTAL | $ | 1,780,350.00 |
Person year utilization (all reasons) | ||
Person year (decimal format) | 27.3 |
© Minister of Public Works and Government Services Canada, 2006
Cat. no. Ci1-4/2006
0-662-49221-8