2016-2017 Annual Report on the Privacy Act

© Her Majesty the Queen in Right of Canada, represented by the Military Police Complaints Commission of Canada, 2017.

ISSN: 2369‑1816

Table of Contents

  1. Introduction
  2. Application of the Privacy Act
  3. Delegation
  4. Privacy Act Statistics
  5. Training
  6. Institutional Policies and Procedures
  7. Complaints, Audits and Investigations
  8. Monitoring
  9. Privacy Breaches
  10. Privacy Impact Assessments (PIAs)
  11. Disclosure

1. Introduction

Purpose of the Privacy Act

The Privacy Act (PA) protects the privacy of individuals with respect to personal information about themselves held by a government institution and provides individuals with a right of access to that information.

The Annual Report to Parliament on the PA is prepared and tabled in Parliament in accordance with section 72 of the PA.

Military Police Complaints Commission of Canada

The Mandate

The Military Police Complaints Commission of Canada (MPCC) provides independent civilian oversight of the Canadian Armed Forces (CAF) Military Police (MP) and carries out its quasi-judicial functions pursuant to the powers conferred under Part IV of the National Defence Act.

The MPCC reviews and investigates complaints concerning MP conduct and investigates allegations of interference in MP investigations. It reports its findings and makes recommendations directly to the MP and national defence leadership.

The Mission

The mission of the MPCC is to promote and ensure the highest standards of conduct of MP in the performance of policing duties, and to discourage interference in any MP investigation.

2. Application of the Privacy Act

Institutional Organization of Activities

The Organization

The MPCC is a micro‑agency consisting of 30 planned full‑time equivalents with a reference level of $4.2M.

As Deputy Head, the Chairperson is supported by the General Counsel and the Chief of Staff (CoS), four part‑time Governor‑in‑Council appointed Commission Members, MPCC personnel and consultants.

MPCC Access to Information and Privacy (ATIP) Program

The MPCC ATIP program provides services / products under the Access to Information Act (ATIA) and PA, but also provides services / products during the phases of large public interest hearings (PIH) and investigations. Furthermore, the MPCC has developed an Access to Information Framework‑ Plans and Strategies encompassing documented processes and management accountability to strengthen the integrity of the ATIP program.

MPCC Access to Information and Privacy Coordinator and Personnel

The Access to Information and Privacy Coordinator for the MPCC is the CoS who is supported by the Access to Information and Privacy (ATIP) Officer. The Senior Planning & Administrative Officer (SPAO) serves as back-up to the ATIP Officer. As such, ATIP requests are a shared responsibility between two delegated salaried employees, as well as the responsibility of the Offices of Primary Interest (i.e. Operations, Registrar, Finance, the Records and Information Management Officer, etc.). Each area performs these duties in addition to their regular workload.

The main activities of the ATIP officer are the following:

  • Handles assigned cases, analyzes purpose/history of request, interprets legislation and determines information that may be disclosed, exempted and excluded;
  • Provides advice and consultation to requesters and third party stakeholders and MPCC management and employees, responds to questions and concerns and ensures that they have a clear understanding of legislation and MPCC policies and procedures for handling requests and other ATIP related issues, including document security classification;
  • Conducts research and consultations with other departments and third parties to prepare responses to requesters;
  • Analyzes and provides recommendations in the preparation of exhibits for disclosure during a Public Interest Hearing in accordance with ATIP legislation, Open Court Principles and other related policies and procedures; and
  • Prepares reports for MPCC management on ATIP requests, other ATIP related issues, including statistical reports, Annual Reports for submission to Parliament and Info Source.

The MPCC does not have any regional offices.

3. Delegation

Pursuant to section 73 of the PA, the Chairperson appointed the CoS, the ATIP Officer and the SPAO with the duty to exercise certain powers and to perform duties and functions under the PA and Regulations. (Appendix APrivacy Act Delegation Order).

4. Privacy Act Statistics

During this review period, the MPCC received four requests and closed 15 requests. 11 of these requests were carried over from 2015‑16.

Of the closed requests, three (20%) requests were responded within 15 days, one (7%) request was responded within 30 days and 11 (73%) requests were responded to within 120 days.

For additional information, please refer to Appendix B.

Consultations from Other Institutions

The MPCC received and closed two consultations received from other government department within the 15 days.

Multi-Year Trends

Due to the generally small numbers of requests, it is difficult to extrapolate trends. Although there was a 75% increase from 2014‑15 to 2015‑16, the number of requests from 2015‑16 to 2016‑17 dropped significantly.

Number of requests received 2013-14 to 2016-17

Alternate format

Number of requests received 2013-14 to 2016-17
2013-14 2014-15 2015-16 2016-17
1 3 12 4

5. Training

In addition to completing two mandatory online courses, 100% of MPCC employees received an awareness session. The session provided general information related to the PA and roles and responsibilities of institutions and employees.

6. Institutional Policies and Procedures

During the reporting period, the MPCC implemented a manual Tickler system (time limit reminder) to more efficiently respond to files within legislative deadlines. Procedures for processing Access to Information (ATI) were updated and provided to staff during ATIP training sessions. The MPCC also began the process of acquiring ATIP-specific software to administer the PA.

Handling of Formal Requests

The MPCC has adopted the following process to handle formal requests:

  1. Receive and acknowledge receipt of the privacy request;
  2. Create a file and register the request including capturing and updating the information in the Report on the Act;
  3. Review the request and determine next steps;
  4. Gather and review all documents including redacting the information if required;
  5. Validate and approve the release of the information; and
  6. Audits.

7. Complaints, Audits and Investigations

During the reporting period, 22 complaints were received by the Office of the Privacy Commissioner of Canada (OPC). The OPC concluded that eight of these complaints were well-founded under the “timelines and extension notice” provision. An error was made in calculating the due date and therefore the materials were released five days after the due date. The remaining 14 complaints were still ongoing at the end of the fiscal year. No audits were conducted during the reporting period as well as no appeals concerning PA requests with MPCC were filed in Federal Court.

8. Monitoring

All ATIP requests are monitored by the CoS / ATIP Coordinator throughout the year and information such as the statistics and time to process ATI requests are captured in an ATIP report. This monitoring occurs from the receipt to the closure of all ATIP requests.

Quarterly, the CoS / ATIP Coordinator submit the ATIP reports including all other ATIP activities (i.e. ATI Annual Report, Privacy Act Annual Report, ATI Statistical Report, Privacy Act Statistical Report, Info Source, Personal Information Bank etc.), to the Executive Committee as a standing agenda item. This Committee consists of the Chairperson (Deputy Head), CoS / ATIP Coordinator and the General Counsel. During the agenda item, the ATIP Officer is present and the report is tabled, discussed and approved.

9. Privacy Breaches

No privacy breach occurred at the MPCC during this reporting period.

10. Privacy Impact Assessments (PIAs)

No PIA were conducted during this reporting period.

11. Disclosure

The MPCC has not disclosed any personal information pursuant to subsection 8 (2)(m) of the PA.


APPENDIX A - Access to Information Act and Privacy Act Delegation Order

Access to Information Act and Privacy Act Delegation Order

The Chairperson of the Military Police Complaints Commission of Canada, pursuant to section 73 of the Access to Information Act and section 73 of the Privacy Act, hereby designates the persons holding the positions set out in the schedule hereto, or the persons occupying on an acting basis those positions, to exercise the powers, duties and functions of the Chairperson as the head of Military Police Complaints Commission of Canada, under the provisions of the Act and related regulations set out in the schedule opposite each position. This designation replaces all previous delegation orders.

Hilary McCormack
Chairperson
Military Police Complaints Commission of Canada

Signed in Ottawa, Ontario, Canada this 12th day of May, 2016

Privacy Act
Provision Description Chairperson Chief of Staff Access to Information
and
Privacy Officer
Senior Planning
and
Administrative Officer
8(2)(e) Disclose to investigative body no no
8(2)(j) Disclosure for research or statistical purposes no no
8(2)(m) Disclosure in the public interest or in the interest of the individual no no
8(4) Copies of requests under paragraph 8(2)(e)
8(5) Notice of disclosure under paragraph 8(2)(m) no no
9(1) Record of disclosures no no
9(4) Consistent uses no no
10 Personal information banks no no
14 Notice where access requested
15 Extension of time limits no no
16(1)(a)(b) Where access refused no no
17(2)(b) Language of access
17(3)(b) Access in an alternative format
Exemption Provisions of the Privacy Act
Provision Description Chairperson Chief of Staff Access to Information
and
Privacy Officer
Senior Planning
and
Administrative Officer
18(2) Exemption – Exempt banks no no
19(1) Exemption – Personal information obtained in confidence no no
19(2) Exemption – Where disclosure authorized no no
20 Exemption  - Federal-provincial affairs no no
21 Exemption  - International affairs and defence no no
22 Exemption - Law enforcement and investigations no no
22.3 Exemption - Public Servants Disclosure Protection Act no no
23 Exemption - Security clearances no no
24 Exemption - Individuals sentenced for an offence no no
25 Exemption - Safety of individuals no no
26 Exemption - Information about another individual no no
27 Exemption - Solicitor-client privilege no no
28 Exemption - Medical record no no
Other Provisions of the Privacy Act
Provision Description Chairperson Chief of Staff Access to Information
and
Privacy Officer
Senior Planning
and
Administrative Officer
33(2) Right to make representations no no
35(1)(b) Notice of actions to implement recommendations of Commissioner
35(4) Access to be given to complainant
36(3)(b) Notice of actions to implement recommendations of Commissioner concerning exempt banks
51(2)(b) Special rules for hearings no no
51(3) Ex parte representations no no
72 Annual report to Parliament no no
Privacy Regulations
Provision Description Chairperson Chief of Staff Access to Information
and
Privacy Officer
Senior Planning
and
Administrative Officer
9 Examination of information
11(2) Notification that correction to personal information has been made
11(4) Notification that correction to personal information has been refused
14 Examination in presence of medical practitioner or psychologist no no

APPENDIX B - Statistical Report on the Privacy Act

Name of institution: MPCC

Reporting Period: 2016-04-01 to 2017-03-31

Part 1: Requests Under the Privacy Act

Requests Under the Privacy Act
Number of Requests
Received during reporting period 4
Outstanding from previous reporting period 11
Total 15
Closed during reporting period 15
Carried over to next reporting period 0

Part 2: Requests Closed During the Reporting Period

2.1 Disposition and completion time

Disposition and completion time
Disposition of Requests Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 0 0 1 4 0 0 0 5
All exempted 1 0 0 6 0 0 0 7
All excluded 0 0 0 0 0 0 0 0
No records exist 2 1 0 0 0 0 0 3
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 3 1 1 10 0 0 0 15

2.2 Exemptions

Section Number of Requests Section Number of Requests Section Number of Requests
18(2) 0 22(1)(a)(i) 0 23(a) 0
19(1)(a) 0 22(1)(a)(ii) 0 23(b) 0
19(1)(b) 0 22(1)(a)(iii) 0 24(a) 0
19(1)(c) 0 22(1)(b) 10 24(b) 0
19(1)(d) 0 22(1)(c) 0 25 0
19(1)(e) 0 22(2) 0 26 4
19(1)(f) 0 22.1 0 27 3
20 0 22.2 0 28 0
21 0 22.3 8

2.3 Exclusions

Exclusions
Section Number of Requests Section Number of Requests Section Number of Requests
69(1)(a) 0 70(1) 0 70(1)(d) 0
69(1)(b) 0 70(1)(a) 0 70(1)(e) 0
69.1 0 70(1)(b) 0 70(1)(f) 0
70(1)(c) 0 70.1 0

2.4 Format of information released

Format of information released
Disposition Paper Electronic Other formats
All disclosed 0 0 0
Disclosed in part 3 2 0
Total 3 2 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Relevant pages processed and disclosed
Disposition of Requests Number of Pages Processed Number of Pages Disclosed Number of Requests
All disclosed 0 0 0
Disclosed in part 1250 327 5
All exempted 6442 0 7
All excluded 0 0 0
Request abandoned 0 0 0
Neither confirmed nor denied 0 0 0
Total 7692 327 12
2.5.2 Relevant pages processed and disclosed by size of requests
Relevant pages processed and disclosed by size of requests
Disposition Less Than
100 Pages Processed
101-500
Pages Processed
501-1000
Pages Processed
1001-5000
Pages Processed
More Than
5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
All disclosed 0 0 0 0 0 0 0 0 0 0
Disclosed in part 2 93 1 11 0 0 2 223 0 0
All exempted 2 0 2 0 0 0 3 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 4 93 3 11 0 0 5 223 0 0
2.5.3 Other complexities
Other complexities
Disposition Consultation Required Legal Advice Sought Interwoven Information Other Total
All disclosed 0 0 0 0 0
Disclosed in part 2 0 0 0 2
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 2 0 0 0 2

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Reasons for not meeting statutory deadline
Number of Requests Closed Past the Statutory Deadline Principal Reason
Workload External Consultation Internal Consultation Other
11 8 3 0 0
2.6.2 Number of days past deadline
Number of days past deadline
Number of Days Past Deadline Number of Requests Past Deadline Where No Extension Was Taken Number of Requests Past Deadline Where An Extension Was Taken Total
1 to 15 days 0 0 0
16 to 30 days 0 0 0
31 to 60 days 0 1 1
61 to 120 days 0 10 10
121  to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 11 11

2.7 Requests for translation

Requests for translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Part 3: Diclosures Under Subsections 8(2) and 8(5)

Diclosures Under Subsections 8(2) and 8(5)
Paragraph 8(2)(e) Paragraph 8(2)(m) Subsection 8(5) Total
0 0 0 0

Part 4: Requests for Correction of Personal Information and Notations

Requests for Correction of Personal Information and Notations
Disposition for Correction Requests Received Number
Notations attached 0
Requests for correction accepted 0
Total 0

Part 5: Extensions

5.1 Reasons for extensions and disposition of requests

Reasons for extensions and disposition of request
Disposition of Requests Where an Extension Was Taken 15(a)(i)
Interference With Operations
15(a)(ii)
Consultation
15(b)
Translation or Conversion
Section 70 Other
All disclosed 0 0 0 0
Disclosed in part 4 0 4 0
All exempted 7 0 7 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 11 0 11 0

5.2 Length of extensions

Length of extensions
Length of Extensions 15(a)(i)
Interference with operations
15(a)(ii)
Consultation
15(b)
Translation purposes
Section 70 Other
1 to 15 days 0 0 0 0
16 to 30 days 11 0 11 0
Total 11 0 11 0

Part 6: Consultations Received From Other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and other organizations

Consultations received from other Government of Canada institutions and other organizations
Consultations Other Government of Canada Institutions Number of Pages to Review Other Organizations Number of Pages to Review
Received during the reporting period 2 97 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 2 97 0 0
Closed during the reporting period 2 97 0 0
Pending at the end of the reporting period 0 0 0 0

6.2 Recommendations and completion time for consultations received from other Government of Canada institutions

Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation Number of Days Required to Complete Consultation Requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
All disclosed 1 0 0 0 0 0 0 1
Disclosed in part 1 0 0 0 0 0 0 1
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 2 0 0 0 0 0 0 2

6.3 Recommendations and completion time for consultations received from other organizations

Recommendations and completion time for consultations received from other organizations
Recommendation Number of days required to complete consultation requests
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Ddays More Than 365 Days Total
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

Part 7: Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services

Requests with Legal Services
Number of Days Fewer Than
100 Pages Processed
101-500
Pages Processed
501-1000
Pages Processed
1001-5000
Pages Processed
More Than
5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

7.2 Requests with Privy Council Office

Requests with Privy Council Office
Number of Days Fewer Than
100 Pages Processed
101-500
Pages Processed
501-1000
Pages Processed
1001-5000
Pages Processed
More Than
5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

Part 8: Complaints and Investigations Notices Received

Complaints and Investigations Notices Received
Section 31 Section 33 Section 35 Court action Total
22 0 0 0 22

Part 9: Privacy Impact Assessments (PIAs)

Privacy Impact Assessments
Number of PIAs completed 0

Part 10: Resources Related to the Privacy Act

10.1 Costs

Costs
Expenditures Amount
Salaries $53,307
Overtime $0
Goods and Services
  • Professional services contracts - $6,104
  • Other - $0
$6,104
Total $59,411

10.2 Human Resources

Human Resources
Resources Person Years Dedicated to Privacy Activities
Full-time employees 0.50
Part-time and casual employees 0.25
Regional staff 0.00
Consultants and agency personnel 0.15
Students 0.00
Total 0.90

Note: Enter values to two decimal places.

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