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PRIVACY ACT,
ACCESS TO INFORMATION ACT

ANNUAL REPORT
2004–2005

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

INTRODUCTION

Citizenship and Immigration Canada (CIC) is pleased to submit to Parliament its 11th annual report on the administration of the Privacy Act and the Access to Information Act for the fiscal year commencing April 1, 2004, and ending March 31, 2005.

In 2004–2005, the programs administered by the Department derived authority from 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 selection of immigrants and refugees and the issuance of temporary resident permits abroad; the examination of people seeking entry to Canada at ports of entry; the facilitation of immigrants and foreign visitors in Canada; the settlement and integration of immigrants and refugees; and the processing of applications for Canadian citizenship and proof of citizenship. On December 12, 2003, responsibility for most intelligence and enforcement functions of the Immigration and Refugee Protection Act and its regulations, including investigations, detentions, hearings, removals from Canada, interdiction activities abroad, forensic document analysis, screening for security, organized crime and modern war crimes, was transferred to the new Canada Border Services Agency.

The administration of the Privacy Act and the Access to Information Act is the responsibility of the Public Rights Administration Division (PRAD) of the Executive Services Branch, 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. Conversely, requests made under the Access to Information Act are processed at national headquarters only. 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

In 2004–2005, CIC undertook the following initiatives to gain efficiencies and/or improve client service under the Access to Information Act and the Privacy Act (ATIP):

• Development of an internet site to assist the public to obtain forms and information about ATIP at CIC.
  
• Creation of an internal website to assist CIC employees in the processing of ATIP requests.
  
• Changes to the delegation of authority to gain efficiencies and reduce bottlenecks in the Public Rights Administration Division (PRAD).
  
• Distribution of promotional messages, giving of workshops, training courses and awareness sessions to increase the awareness and understanding of ATIP across the department. PRAD delivered seven training sessions in the regions and at National Headquarters. Two branch-specific information sessions were also given. In addition, PRAD presented the basics of ATIP at all "Welcome to CIC" courses given by the department.
  
• Changes to processes and procedures to gain efficiencies in processing (particularly with respect to use of technology).
  
• Development of a partnership with Information Management Branch to increase awareness of information management across the department and its relation to ATIP.
  

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 128 cases where the records sought from these institutions related to CIC activities. The statistics for these 128 cases are not included in this report.

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

Total No. of PIAs initiated: 2

BIOMETRICS (DRAFT)

Admissibility Branch completed and submitted to the Office of the Privacy Commissioner (OPC), a draft PIA for the Biometrics Planning Project's Field Trial.

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 within the PIA: 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

A PIA was completed covering Medical Services Branch's IM/IT projects currently being developed and for future phases which will build a government on line application allowing the Radiology Centres and Designated Medical Practitioners to submit medical information on CIC's clients.

Total No. of PPIAs initiated: 1

GOING TO CANADA IMMIGRATION PORTAL

Integration Branch and Business Solutions Branch initiated a PPIA for the 'Going to Canada' Immigration Portal initiative. This initiative is designed to provide seamless on-line information and services from a variety of government and non-government sources to help prospective and new immigrants make informed decisions about living and working in Canada. The portal is located on the Government of Canada's Web site at www.directioncanada.gc.ca.

No. of PPIAs/PIAs forwarded to the OPC: 2

GOING TO CANADA IMMIGRATION PORTAL (PPIA) - see above

INTERNATIONAL REGION: TEMPORARY RESIDENT VISA APPLICATIONS (PIA)

CIC submitted a PIA studying the use of contractors which would offer a voluntary option for clients to submit their visa applications at a local private company for onward delivery to Canadian missions for visa processing. The protection of clients' personal information and the quality of service would be regulated by a detailed contract between the Canadian government and the service providers.

PIA Summaries:

No PIA summaries were published on CIC's Internet site in 2004–2005. However, work is currently being undertaken to publish 6 summaries on the site.

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

In this reporting period, CIC received a total of 4,485 formal requests under the Privacy Act.

(b) Disposition of completed requests

A total of 4,628 requests were completed during the fiscal year. Of these, the information requested was disclosed in its entirety in 2,350 cases, or 50.8% of all requests. Information for an additional 1,205 requests (or 26.0%) was partially released. Twelve of the completed requests (or 0.3%) resulted in the complete exemption of the information. The remaining 1,061 completed requests (or 22.9%) fell into the categories of unable to process, abandoned by applicant, or transferred to another department.

(c) Exemptions invoked

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 238 cases, or approximately 48.1% of all exemptions applied in 2004–2005. Section 19 was invoked in 51 cases, or 10.3% of the exemptions. Section 22 was applied in 82 cases, or 16.6% of the total exemptions.

(d) Exclusions invoked

(e) Completion time

(f) Extensions for 30 days or under

(g) Translations

(h) Method of access

(i) Corrections and notation

(j) Costs

2. Complaints and appeals

(a) Complaints to the Privacy Commissioner

3. 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 692 of CIC's clients were received from investigative bodies under paragraph 8(2)(e) during the period under review. Most requests for this fiscal year were from the following agencies:

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

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), designed to protect the personal information of an individual other than the requester; Section 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 3,693 cases, or 47.9% of all exemptions that applied in 2004–2005. In addition, 1,369 cases, or 17.8% of the total exemptions, were exempted under Section 15(1). Another 1,408 cases, or 18.3%, 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

© Minister of Public Works and Government Services Canada, 2005
Cat. no. Ci1-4/2005
0-662-69112-1