PRIVACY ACT
ACCESS TO INFORMATION ACT

Annual Report
2001-2002

Introduction | New Developments |
Privacy Act | Access to Information Act

INTRODUCTION

Attached is the eighth 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, 2001 and ending March 31, 2002.

In 2001-2002, 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.

Citizenship and Immigration Canada brings together a broad range of activities: the selection of immigrants and refugees and the issuance of visitor 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 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 (2001-2002), Citizenship and Immigration Canada 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 was able to improve the timeliness of responses to access to information and privacy requests. The department hired additional staff to eliminate backlogs and made arrangements to courier visa office records to National Headquarters (NHQ), thereby reducing inefficient transit time delays.
• CIC was able to extend the use of ATIPflow into one region (British Colombia/Yukon Region), and started to lay the foundation for a national CIC ATIP tracking system. Efforts in this direction are needed to bring about consistency in application of access and privacy laws and practices in CIC from coast to coast.

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 113 cases where the records sought from these institutions related to CIC's activities. Statistics related to these 113 cases are not reflected elsewhere in this annual report.

Privacy Impact Assessments

The Treasury Board of Canada's new Privacy Impact Assessment Policy was approved by Treasury Board Ministers on March 21, 2002. In anticipation of this approval, CIC prepared in 2001-2002 a privacy impact assessment for its E-Client Application Status Query (eCASQ) project, a Government On Line initiative. Final approval of this privacy impact assessment was granted in 2002. Other privacy impact assessments for planned initiatives are being prepared this fiscal year.

Part One: Privacy Act

Statistical Summary of the Administration of the Privacy Act by Citizenship and Immigration Canada (CIC) for fiscal year 2001-2002.

The following statistics describe the administration of the Privacy Act by CIC for the fiscal year April 1, 2001 to March 31, 2002.

For the reporting period CIC received a total of 4,649 formal requests under the Privacy Act.

^*CIC reported to Parliament last year that it carried over 542 active requests. The starting balance reported here is lower by fourteen because fourteen requests were completed in 2000-2001 but closed in the tracking system in 2001-2002.

A total of 4,646 requests were completed during the fiscal year. Of these requests, the information requested was disclosed in its entirety in 2,752 cases, or 59.2% of all requests. An additional 1,148 or 24.7% of requests saw a partial release of the requested information. Five of the completed requests resulted in complete exclusion of the information and three of the completed requests resulted in complete exemption of the information totalling 8 or .2% of the completed requests. The remaining 738 or 15.9% of the completed requests fall into the categories of unable to process, abandoned by applicant, or transferred to another department.

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 922 cases or approximately 49% of all exemptions applied in 2001-2002. Section 19 was invoked in 406 cases or 21% of the exemptions. Finally, Section 22 was applied in 356 cases or 19% of the total exemptions.

Approximately 75% of completed requests were processed within 30 days.

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 four hundred and fifty-eight (458) 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

Statistical summary of the administration of the Access to Information Act by Citizenship and Immigration Canada (CIC) for fiscal year 2001-2002.

This section describes the administration of the Access to Information Act within Citizenship and Immigration Canada (CIC) for the fiscal year April 1, 2001 to March 31, 2002.

*CIC reported to Parliament last year that it carried over 808 active requests. The starting balance reported here is higher by five because five requests were reported as completed in 2000-2001 but were reactivated in the tracking system in 2001-2002.

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 international affairs and defence; and Section 16, which deals with law enforcement and investigations. Section 19(1) was invoked in 2,434 cases or 61% of all exemptions applied in 2001-2002. In addition, 573 cases or 14% of the total exemptions, CIC applied Section 15. Another 361 or 9% cases of the exemptions invoked were pursuant to Section 16 of the Act.

Of the 6,557 requests received during the reporting period, 3,908 requests were completed within 30 days and 1,200 requests were completed within authorized extension periods.