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PRIVACY ACT,
ACCESS TO INFORMATION ACT

ANNUAL REPORT
2005–2006

• Introduction
• Part One: Privacy Act
• Part Two: Access to Information Act
• Activities carried out in 2005–2006 under the Privacy Act
• Activities carried out in 2005–2006 under the Access to Information Act

INTRODUCTION

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:

• 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 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.

New Developments

Highlights

In 2005-2006, 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. Delivery of seven training sessions in the regions and at NHQ and four branchspecific information sessions. PRAD also presented the basics of ATIP at all “Welcome to CIC” courses given by the Department. In addition, PRAD hosted a two-day departmental ATIP Coordinators’ conference in November.
• Further changes to processes and procedures, such as the delivery of scanners to the regional offices and some offices overseas.
• Continuance of a partnership with the Information Management Branch to increase awareness of information management across the Department and its relation to ATIP. PRAD became one of the first groups within CIC to implement the Records, Document and Information Management System (RDIMS).
• Maintenance of and additions to CIC’s Web site to assist the public in obtaining information about ATIP. Recently, the site has been expanded to include frequently asked questions.
• Updating and expansion to PRAD’s internal Web site on a monthly basis to assist CIC employees in understanding ATIP and in processing ATIP requests.
• Expansion of the delegation of authority to gain efficiencies and reduce bottlenecks in PRAD.
• Creation of a client service unit designed to assist clients in submitting ATIP requests and obtaining updates on the status of their requests.

Performance

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.

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 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.

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 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 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.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 Web site http://www.cic.gc.ca/english/department/atip/pia.html in 2005-2006.

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

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

(b) Disposition of completed requests

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

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

(e) Completion time

(f) Extensions for 30 days or under

(g) Translations

(h) Method of access

(i) Corrections and notations

(j) Costs

2. Complaints and appeals

(a) Complaints to the Privacy Commissioner

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:

• The Royal Canadian Mounted Police
• The Canada Revenue Agency
• The Canadian Security Intelligence Service

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.

PART TWO:
ACCESS TO INFORMATION ACT

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

(b) Source of requests

(c) Disposition of completed requests

(d) Exemptions invoked

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

(f) Completion time

(g) Extensions for 30 days or under

(h) Extensions for 31 days or over

(i) Method of access

(j) Costs

(k) Net fees collected

(l) Fees waived

2. Complaints and appeals

(a) Complaints to the Information Commissioner

Activities carried out in 2005–2006 under the Privacy Act

Activities carried out in 2005–2006 under the Access to Information Act

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