Privacy Act,
Access to Information Act

Annual Report
2006–2007

---

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

---

INTRODUCTION

Citizenship and Immigration Canada (CIC) is pleased to submit to Parliament its 13th annual report on the administration of the Privacy Act and the Access to Information Act for the fiscal year commencing April 1, 2006, and ending March 31, 2007.

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.

CIC’s mandate comes from the shared jurisdiction of Section 95 of the Constitution Act, 1867, the Citizenship Act and the Immigration and Refugee Protection Act.

The work of CIC encompasses a broad range of activities. The Department:

• admits immigrants, foreign students, visitors and temporary workers who enhance Canada’s social and economic growth;
• resettles, protects and provides a safe haven for refugees;
• helps newcomers adapt to Canadian society and become Canadian citizens; and
• manages access to Canada to protect the security and health of Canadians and the integrity of Canadian laws.

The administration of the Privacy Act and the Access to Information Act is the responsibility of the Access to Information and Privacy (ATIP) division of Corporate Affairs branch. The ATIP division 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. The division is led by the Director who is the ATIP Coordinator for the Department. The Coordinator is responsible for planning, developing and updating policies and procedures related to the two Acts and coordinating departmental compliance with legislative obligations. The division has four units: Operations, Client Service, Fast-Track and Complex Cases and Issues. Each unit is led by a Manager who reports to the Director. The division is also responsible for coordinating responses to human rights complaints made against the Department.

CIC has established a network of ATIP coordinators in each branch of the Department and each ADM’s office. The ATIP division relies on these individuals to be the representatives of ATIP in their respective branches. A suggested list of responsibilities for these individuals is posted on CIC’s internal Web site along with a coordinator’s manual. Actual responsibilities of branch ATIP coordinators vary depending on the extent of ATIP activities in their area of responsibility.

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 (NHQ) by officials who are designated by the Minister.

New Developments

Highlights

In 2006-2007, CIC undertook the following initiatives to gain efficiencies and improve client service under the Access to Information and Privacy (ATIP) Acts:

• Distribution of promotional messages, presentation of workshops, training courses and awareness sessions to increase the knowledge and understanding of ATIP across the Department. The ATIP division delivered nine general training sessions and five branch-specific information sessions across the Department. Joint training sessions with the Privy Council Office and the Canadian Border Services Agency were also arranged. The ATIP division also presented the basics of ATIP at all “Welcome to CIC” courses given by the Department and led a Brown Bag Information session for the Youth Network. In addition, the ATIP division hosted a two-day departmental ATIP coordinators’ conference in November. In total, the ATIP division reached over 450 people with various messages about ATIP.
• Continuance of a partnership with the Information Management Branch to increase awareness of information management across the Department and its relation to ATIP.
• Maintenance of and additions to CIC’s Web site to assist the public in obtaining information about ATIP. The site (http://www.cic.gc.ca/english/department/atip) now includes frequently asked questions.
• Updating and expansion to the ATIP division’s internal Web site on a monthly basis to assist CIC employees in understanding ATIP and in processing ATIP requests.
• Monthly reporting to senior management with respect to performance in meeting deadlines.
• Maintenance of a Client Service Unit to assist clients in submitting ATIP requests and obtaining updates on the status of their requests. This unit responds to, on average, about 125 inquiries per month and the numbers are increasing.
• Establishment of a training coordinator position to respond to departmental training needs.
• Weekly monitoring of the percentage of overdue files and regular reassessment of priorities and redistribution of workload.
• Elimination of inventory of overdue files.

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

Received during the reporting period	4,809
Outstanding from previous period (received in previous years and still in process at beginning of 2006–2007)	5,073
Total:	9,882

There was a 15% increase in the number of formal requests received during the reporting period, from the previous year.

Completed during reporting period	5,968
Carried forward to 2007-2008 (received in previous years and still in process at beginning of 2007-2008)	3,914

(b) Disposition of completed requests

All disclosed	1,912
Disclosed in part	2,726
Nothing disclosed (excluded in total)	6
Nothing disclosed (exempted in total)	33
Unable to process	624
Abandoned by applicant	595
Transferred	72
Total:	5,968

A total of 5,968 requests were completed during the fiscal year. Of these, the information requested was disclosed in its entirety in 1,912 cases, (or 32%) of all requests. Information for an additional 2,726 requests (or 45.7%) was partially released. The remaining 1,330 completed requests (or 22.3%) fell under the categories of nothing disclosed, unable to process, abandoned by applicant, or transferred to another Federal institution.

(c) Exemptions invoked

Subsection 18(2)	11
Paragraph 19(1)(a)	187
Paragraph 19(1)(b)	18
Paragraph 19(1)(c)	81
Paragraph 19(1)(d)	90
Section 20	0
Section 21	1,320
Paragraph 22(1)(a)	37
Paragraph 22(1)(b)	552
Paragraph 22(1)(c)	1
Subsection 22(2)	0
Subsection 23(a)	1
Section 24	0
Section 25	9
Section 26	1,322
Section 27	42
Section 28	1
Total:	3,672

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 from the government of a foreign state, an international organization, the government of a province or a municipal or regional government.

(d) Exclusions invoked

Paragraph 69(1)(a)	1
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:	1

(e) Completion time

30 days or under	3,274
31 to 60 days	623
61 to 120 days	386
121 days or over	1,685
Total:	5,968

(f) Extensions for 30 days or under

Interference with operations	37
Consultations	797
Translations	18
Total:	852

(g) Translations

Translations requested	17
English to French	5
French to English	11
Other	1

(h) Method of access

Copies given	4,634
Examinations	3
Copies and examinations	1
Total:	4,638

(i) Corrections and notations

Corrections requested	20
Corrections made	8
Notations attached	12

(j) Costs

Full-time equivalent utilization	39.0
Salaries	$1,535,579
Administration	$272,302
Total:	$1,807,881

2. Complaints and appeals

(a) Complaints to the Privacy Commissioner

Received during reporting period	43
Outstanding from previous period	57
Total:	100
Completed during reporting period	46
Carried forward to 2006–2007	54

Complaints to the Privacy Commissioner were made in forty-three cases, which represent only 0.9% of requests received, a significant decrease from 1.9% last year. Eighteen complaints were well-founded, two were discontinued, two were settled and three were not well-founded. The remaining eighteen are outstanding.

3. Disclosure of personal information under subsection8(2)

Section 8(2)(a) of the Act refers to disclosures made for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose. CIC’s consistent uses are listed in Info Source. As new consistent uses are identified, appropriate updates are made to Info Source.

Section 8(2)(b) allows for disclosures to be made “for any purpose in accordance with any Act of Parliament or any regulations made thereunder that authorizes its disclosure”. CIC made few releases in accordance with this section this year.

Section 8(2)(c) allows for disclosure to be made “for the purpose of complying with a subpoena or warrant issued or order made by a court, person or body with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of documents”. CIC’s releases in accordance with this section of the Act are done in consultation with the Legal Services division and the ATIP division provides assistance where appropriate.

Section 8(2)(d) allow for the disclosure of information to the Attorney General of Canada for use in legal proceedings involving the Crown in right of Canada or the Government of Canada. Similar to section 8(2)(c), these releases are done in consultation with Legal Services.

Section 8(2)(e) allows for the disclosure of personal information to an investigative body specified for the purpose of enforcing any law. The Department processes formal requests of this nature 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, 454 requests for information were received from investigative bodies under paragraph 8(2)(e). Most requests for the year 2006-2007 were from the following agencies: The Royal Canadian Mounted Police, The Canada Revenue Agency and The Canadian Security Intelligence Service.

Section 8(2)(f) allows for disclosure of information under an agreement or arrangement between the Government of Canada and the government of a province, foreign state, or international organization for the purpose of administering or enforcing any law or carrying out a lawful investigation. CIC made several releases of this nature over the course of the year.

Section 8(2)(g) allows for the disclosure of personal information to MPs acting on behalf of the individual to whom the information relates. Most of these informal releases of information are processed through the Ministerial Enquires Division of the department. This year, that division responded to 370 telephone requests, 40 email inquiries, and 1,345 pieces of written correspondence. MPs may also obtain information through the 1-800 general information line, directly from missions abroad, from local Canadian immigration centres in some cases, and from branches at NHQ.

Section 8(2)(h) allows for the release of information to officers or employees of the institution for internal audit purposes. Several releases of this nature occurred to facilitate the work of CIC’s Audit and Evaluation branch.

Section 8(2)(i) allows for release of information to the National Archives of Canada for archival purposes. Releases of this nature are documented in CIC’s schedule of retention and disposal.

CIC allowed several releases under section 8(2)(j), which concerns research and statistical purposes. Releases of this nature are done by branches with consultation and approval by the ATIP division.

CIC did not make any releases under section 8(2)(k) of the Act, which relates to claim, disputes and grievances of Aboriginal peoples.

CIC made one release under section 8(2)(l), which allows for release of information for the purpose of collecting a debt owing to the Crown.

There were two 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.

4. Additional Data

Consultations

In addition to processing requests under the Privacy Act, CIC was also consulted by other government institutions in 26 cases where the records sought from these institutions related to CIC activities.

Data-Matching Activities

CIC did not undertake any new data-matching or information sharing activities during the reporting period.

Privacy Impact Assessments (PIAs)/
Preliminary Privacy Impact Assessments (PPIAs)

PPIAs:

OFF-CAMPUS WORK PERMIT PROGRAM FOR INTERNATIONAL STUDENTS

This PPIA concerns international students who applied 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. The PPIA is ongoing and is tied to another project called the Electronic Notification System (ENS), which is currently being developed.

GOING TO CANADA IMMIGRATION PORTAL

The “Going to Canada” Immigration Portal was designed to provide seamless on-line 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 Web site at www.goingtocanada.gc.ca. In 2005, the Integration Branch and Business Solutions Branch completed a PPIA for the “Going to Canada” Immigration Portal initiative, in particular with respect to the possible development of an e-mentoring tool. CIC is continuing to explore the feasibility of such a tool but has no plans to implement it in 2007-2008.

Ongoing PIAs:

BIOMETRICS

The Risk Mitigation 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 deals 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.

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 Health Management Branch’s related e-projects. This PIA identifies recommended steps to address and satisfy privacy issues related to the Health Management Branch’s e-projects.

PIA Summaries:

The following PIA summaries have been available on CIC’s Web site since 2005-2006. No new PIA summaries were published on CIC’s Web site in 2006-2007. http://www.cic.gc.ca/english/department/atip/pia.asp

• e-Client Application Status (e-Cas)
• Global Case Management System (GCMS)
• Immigration-Contribution Accountability Measurement System (iCAMS)
• Statement of Mutual Understanding on Information Sharing with the USA
• Temporary Resident Application

Delegation of Authority under the Privacy Act and the Privacy Regulations

Please note that the official Delegation of Authority does not reflect organizational changes that were made April 1, 2007. As such, although titles were accurate during the reporting period, position titles may have since changed.

OFFICIAL DOCUMENT

Delegation	Position/Title *
		DM	ADMCS/ DGPRAM	PRAD/ DIR	PRAD/ MCCI	PRAD/ SA	RDG	RPC	PRAD/ PM04/ AS04A	PRAD/ PRO
Descriptions	SECTION	1	2	3	4	5	6	7	8	9
PRIVACY ACT
Disclosure to investigative bodies	8(2)(e)	●	●	●	●	●	●	●	●	●
Disclosure for research and statistics	8(2)(j)	●	●
Disclosure in public interest clearly outweighs any invasion of privacy	8(2)(m)(i)	●
Disclosure in public interest, benefit of individual	8(2)(m)(ii)	●
Record of disclosure for investigations	8(4)	●	●	●	●
Notify Privacy Commissioner of 8(2)(m)	8(5)	●	●	●
Record of consistent uses	9(1)	●	●	●
Notify Privacy Commissioner of consistent uses	9(4)	●	●	●	●	●			●	●
Personal information in banks	10(1)	●	●	●	●	●			●	●
Notice where access is granted	14	●	●	●	●	●	●	●	●	●
Extension of time limits	15	●	●	●	●	●	●	●	●	●
Notice where access is refused	16	●	●	●	●	●			●	●
Decision regarding translation	17(2)(b)	●	●	●	●	●	●	●	●	●
Conversion to alternate format	17(3)(b)	●	●	●	●	●	●	●	●	●
Refuse access – exempt bank	18(2)	●	●	●	●	●	●
Refuse access – confidential information	19(1)	●	●	●	●	●	●	●	●	●
Disclose confidential information	19(2)	●	●	●	●	●	●	●	●	●
Refuse access – federal-provincial affairs	20	●	●	●	●	●			●
Refuse access – international affairs, defence	21	●	●	●	●	●			●
Refuse access – law enforcement and investigation	22	●	●	●	●	●			●
Refuse access – security clearance	23	●	●	●	●	●
Refuse access – person under sentence	24	●	●	●	●	●
Refuse access – safety of individuals	25	●	●	●	●	●
Refuse access – another person’s information	26	●	●	●	●	●	●	●	●	●
Refuse access – solicitor-client privilege	27	●	●	●	●	●			●
Refuse access – medical record	28	●	●	●	●	●			●	●
Receive notice of investigation	31	●	●	●	●
Representation to Privacy Commissioner	33(2)	●	●	●	●	●			●	●
Response to findings and recommendations of the Privacy Commissioner within a specified time	35(1)(b)	●	●	●	●	●			●	●
Access given to complainant	35(4)	●	●	●	●	●			●	●
Response to review of exempt banks	36(3)(b)	●	●	●	●
Response to review of compliance	37(3)	●	●	●	●	●
Request of court hearing in the National Capital Region	51(2)(b)	●	●	●	●
Ex parte representation to court	51(3)	●	●	●	●	●
PRIVACY REGULATIONS
Examination of records	9	●	●	●	●	●	●	●	●	●
Correction of personal information	11(2)	●	●	●	●	●	●	●	●	●
Notification of refusal to correct personal information	11(4)	●	●	●	●	●	●	●	●	●
Disclosure – medical information	13(1)	●	●	●	●	●
Disclosure – medical information – examine in person, in the presence of a duly qualified medical practitioner	14	●	●	●	●	●

* Includes acting appointments and assignments to these positions made pursuant to the Public Service Employment Act and regulations.

Legend :

DM	Deputy Minister
ADM CS/ DG PRAM	ADM Corporate Services / Director General, Planning, Reporting, Access & Ministerials
PRAD/DIR	Director, Public Rights Administration (EX-01)
PRAD/ MCCI	Manager, Complex Cases and Issues, Public Rights Administration (PM-06)
PRAD/SA	Senior Public Rights Administrator, Public Rights Administration (PM‑05)
RDG	Regional Directors General and Directors
RPC	Regional and Case Processing Centre Privacy Coordinators
PRAD/PM04/ AS04	Public Rights Administrators, Public Rights Administration (PM‑04/AS‑04) (Includes Manager of Operations and Manager of Client Service Unit)
PRAD/PRO	Public Rights Officers, Public Rights Administration (PM-03)

PART TWO:
ACCESS TO INFORMATION ACT

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

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	10,497
Outstanding from previous period (received in previous years and still in process at beginning of 2006–2007)	1,525
Total:	12,022
Completed during reporting period	10,667
Carried forward to 2007–2008 (received in 2006–2007 and still in process at beginning of 2007–2008)	1,355

(b) Source of requests

Media	84
Business	7,478
Organization	205
Public	2,694
Academia	36
Total:	10,497

(c) Disposition of completed requests

All disclosed	2,737
Disclosed in part	6,598
Nothing disclosed (excluded in total)	2
Nothing disclosed (exempted in total)	8
Transferred	45
Unable to process	382
Abandoned by applicant	887
Treated informally	8
Total:	10,667

(d) Exemptions invoked

Paragraph 13(1)(a)	145
Paragraph 13(1)(b)	23
Paragraph 13(1)(c)	223
Paragraph 13(1)(d)	63
Section 14	61
Subsection 15(1)	3,985
Paragraph 16(1)(a)	89
Paragraph 16(1)(b)	72
Paragraph 16(1)(c)	1,275
Paragraph 16(1)(d)	0
Subsection 16(2)	240
Subsection 16(3)	0
Section 17	9
Subsection 18(a)	3
Subsection 18(b)	0
Subsection 18(c)	0
Subsection 18(d)	1
Subsection 19(1)	4,691
Paragraph 20(1)(a)	24
Paragraph 20(1)(b)	34
Paragraph 20(1)(c)	11
Paragraph 20(1)(d)	6
Paragraph 21(1)(a)	139
Paragraph 21(1)(b)	136
Paragraph 21(1)(c)	34
Paragraph 21(1)(d)	18
Section 22	51
Section 23	154
Section 24	2
Section 26	1
Total:	11,490

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 4,691 cases, (or 40.8%) of all exemptions that applied in 2006-2007. In addition, 3,985 cases, (or 34.7% of the total exemptions) were exempted under subsection 15(1). Another 1,676 cases, (or 14.6%), were exempted pursuant to section 16 of the Act.

(e) Exclusions cited

Subsection 68(a)	13
Subsection 68(b)	0
Subsection 68(c)	0
Paragraph 69(1)(a)	56
Paragraph 69(1)(b)	0
Paragraph 69(1)(c)	1
Paragraph 69(1)(d)	2
Paragraph 69(1)(e)	7
Paragraph 69(1)(f)	0
Paragraph 69(1)(g)	31
Total:	110

(f) Completion time

30 days or under	7,230
31 to 60 days	2,379
61 to 120 days	668
121 days or over	390
Total:	10,667

(g) Extensions for 30 days or under

Searches/volume	263
Consultations	400
Third-party consultations	0
Total:	663

(h) Extensions for 31 days or over

Searches/volume	40
Consultations	489
Third-party consultations	31
Total:	560

(i) Method of access

Copies given	8,734
Examinations	13
Copies and examinations	3
Total:	8,750

(j) Costs

Full-time equivalent utilization	27.3
Salaries	$1,591,469
Administration	416,027
Total:	$2,007,496

(k) Net fees collected

Application fees	$53,939.15
Reproduction	$25,280.16
Searches	$38.00
Preparation	$89.20
Computer processing	$10.00
Total:	$79,356.51

(l) Fees waived

$25 or under	$4,379.93
Over $25	$5,753.80
Total:	$10,133.73

2. Complaints and appeals

(a) Complaints to the Information Commissioner

Received during reporting period	40
Outstanding from previous period	22
Total:	62
Completed during reporting period	25
Carried forward to 2006–2007	37

3. Additional Data

Performance

CIC met deadlines for 95.0% of the requests received over the course of the year. Forty complaints were made to the Information Commissioner, which represents less than 1% (0.38%) of requests received. This figure is about the same as last year. Three complaints were well-founded, eight were resolved and seven have been deemed not well-founded. The remaining twenty-two complaints are outstanding.

Access Data

There has been no significant increase in the number of formal requests received during the reporting period. This is the first time in three years that there has not been a significant increase. Increases have ranged between 10-15%.

The majority of CIC’s client base under the Access to Information Act originates from the business sector, which includes immigration consultants and lawyers. 71.2% of Access requests came from this group while 25.6% were requests made by members of the public. A bulk requestor submitted over 300 requests during the last fiscal year.

Consultations

In addition to processing requests under the Access to Information Act, CIC was also consulted by other government institutions in 104 cases where the records sought from these institutions related to CIC activities.

 

Delegation of Authority under the Access to Information Act and the Access to Information Regulations

Please note that the official Delegation of Authority does not reflect organizational changes that were made April 1, 2007. As such, although titles were accurate during the reporting period, position titles may have since changed.

Delegation	Position/Title*
		DM	ADMCS/ DGPRAM	PRAD/ DIR	PRAD/ MCCI	PRAD/ SA	PRAD/ PM04/ AS04	PRAD/ PRO
Descriptions	SECTION	1	2	3	4	5	6	7
ACCESS TO INFORMATION ACT
Notice where access granted	7	●	●	●	●	●	●	●
Transfer of request	8(1)	●	●	●	●	●	●	●
Extension of time limits	9(1)	●	●	●	●	●	●	●
Notice of extension to Commissioner	9(2)	●	●	●	●	●	●	●
Notice where access refused	10(1) & (2)	●	●	●	●	●	●	●
Payment of additional fees	11(2)	●	●	●	●	●	●	●
Payment of fees for EDP record	11(3)	●	●	●	●	●	●	●
Deposit	11(4)	●	●	●	●	●	●	●
Notice of fee payment	11(5)	●	●	●	●	●	●	●
Waiver or refund of fees	11(6)	●	●	●	●	●	●	●
Translation	12(2)	●	●	●	●	●	●	●
Conversion to alternate format	12(3)	●	●	●	●	●	●	●
Information obtained in confidence	13	●	●	●	●	●	●	●
Refuse access – federal-provincial affairs	14	●	●	●	●	●	●
Refuse access – international affairs, defence	15(1)	●	●	●	●	●	●
Refuse access – law enforcement and investigation	16(1)	●	●	●	●	●	●
Refuse access – security information	16(2)	●	●	●	●	●	●
Refuse access – policing services for provinces or municipalities	16(3)	●	●	●	●	●	●
Refuse access – safety of individuals	17	●	●	●	●	●
Refuse access – economic interests of Canada	18	●	●	●	●	●
Refuse access – another person’s information	19(1)	●	●	●	●	●	●	●
Disclose personal information	19(2)	●	●	●	●	●	●	●
Refuse access – third party information	20(1)	●	●	●	●	●
Disclose testing methods	20(2) & (3)	●	●	●	●	●
Disclose third party information	20(5)	●	●	●	●	●
Disclose in public interest	20(6)	●	●
Refuse access – advice, etc.	21	●	●	●	●	●	●

© Minister of Public Works and Government Services Canada, 2006
Cat. no. Ci1-4/2006
0-662-49221-8