Access to Information and Privacy Awareness

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Access to Information and Privacy Awareness
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Media Perception
3
Media Perception
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Employee Perception
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Public Perception
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Topics

• Overview of the Access to Information Act and the
  Privacy Act
• Request Process
• Exceptions to the Right of Access
• Roles and Responsibilities
• Oversight
• Statistics

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The Legislation

• Both Acts came into force in 1983
• Access to Information and Privacy (ATIP) is a
  Ministerial responsibility
• The Director ATIP has delegated authority from
  the Minister for the administration of the Acts
• Final decision for the release of Access and
  Privacy cases falls within the Directors
  responsibilities
• TBS policy instruments

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Access to Information Act
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Purpose of the ATI Act

• to extend the present laws of Canada to
  provide a right of access to information in
  records under the control of a government
  institution in accordance with the principles
  that government information should be available
  to the public, that necessary exceptions to the
  right of access should be limited and specific
  and that decisions on the disclosure of
  government information should be reviewed
  independently of government.

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information in records

• Section 3 defines a record as
• any documentary material, regardless of medium
  or form

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Corporate and Transitory Records

• Corporate Records
• Created, collected or received in the initiation,
  conduct, control or completion of a business or
  operational activity and includes sufficient
  content, context and structure to provide
  evidence of a business or operational activity
• Used to commit the resources of an organization,
  give direction, or declare the position or
  opinion of an organization on any business
  subject or issue
• Transitory Records
• Required only for a limited time to ensure the
  completion of a routine action or preparation of
  a subsequent record

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Section 67.1

• The ATIA was amended on 25 March 1999 to include
  an indictable offence for any person who
  destroys, mutilates, alters, conceals or
  falsifies government records (or directs,
  proposes, counsels or causes others to do the
  same) with intent to deny the right of access to
  information under the Act.
• Those convicted of this indictable offence
  described above face a maximum fine of 10,000
  and/or two years imprisonment.

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Right of Access

• Canadian citizens
• Permanent residents (IAW Immigration and Refugee
  Act)
• Any person present in Canada
• Corporations present in Canada

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Submitting a Request

• Usual manner is by regular mail to our office.
• Request may also be sent by fax or email
  (applicant will be contacted for payment of
  application fee)
• Access to Information Request Form
• (The form does not have to be used as long as
  the request in writing.)

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Fees

• 5 application fee
• 5 hours of search time
• 125 pages of records
• Additional fees possible
• 10/hour for search and preparation time
• 20 for each additional page
• Applicant is advised of additional fees in
  advance (50 deposit, 50 prior to release)

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Time Limits

• Government institutions have 30 calendar days to
  respond to the requester.
• Extensions are possible but only once per request
  and must be justifiable.
• Deemed refusal if we fail to respond to the
  requester within 30 days.

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Extensions

• 9(1)(a) Request is for a large number of records
  or necessitates a search through a large number
  of records to locate the requested information
  and meeting the original time limit would
  unreasonably interfere with operations
• 9(1)(b) Consultations are necessary that cannot
  reasonably be completed within the original time
  limits
• 9(1)(c) Third party consultation

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Wording of a Request

• Section 6
• A request for access to a record under this Act
  shall be made in writing to the government
  institution that has control of the record and
  shall provide sufficient detail to enable an
  experienced employee of the institution with a
  reasonable effort to identify the record.
• If necessary, the applicant will be contacted to
  clarify the wording of their request.
• Duty to assist.

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Examples

• Routine Requests
• Records relating to private security firm
  activity in Kandahar for 2007 excluding all not
  relevant information.
• All "Question Period Cards" from the Minister of
  National Defence, Peter MacKay, for 4, 5, 8, 9
  and 10 June 2009 only.
• Unusual Requests
• Reports dealing with Canadian Forces' members
  (with identities removed if necessary) who have
  become pregnant while on duty in Afghanistan.
• All documented incidents of vandalism or
  wandering civilians or civilians that have become
  stuck on the Shilo Ranges, that have occurred at
  CFB Shilo in the last five years.
• Completed Requests

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Access Request Process

• DAIP ATI Tasking Team
• Tasking Liaison Officer (TLO)
• Office of Primary Interest (OPI)
• Subject Matter Expert (SME)
• DAIP ATI Operations Team
• Information Support Team (IST)

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Information Support Team (IST)

• Part of Strategic Joint Staff (SJS), which
  provides military analysis and decision support
  to the Chief of Defence Staff (CDS) in his role
  as the principal military advisor to the
  Government of Canada.
• Important role in identifying sensitive
  operational information.
• Reviews records containing operational
  information before release to
• Ensure consistency, identify possible mosaics
• Ensure the appropriate protection of
  operationally sensitive information that could
  prejudice the success of CAF operations, or
  endanger the safety of Canadians and allied
  personnel

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Limited and Specific Exceptionsto theRight of
Access
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Exclusions

• The ATI Act does not apply to
• 68(a) Published material or material available
  for purchase by the public
• 68(b) Library or museum material or material
  made or acquired and preserved solely for public
  reference or exhibition purposes
• 68(c) Material placed in the National Archives
  of Canada, National Library, National Gallery of
  Canada, Canadian Museum of Civilization, Canadian
  Museum of Nature or National Museum of Science
  and Technology by or on behalf of persons or
  organizations other than government institutions

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Exclusions

• The ATI Act does not apply to
• 68.1 Information under the control of the
  Canadian Broadcasting Corporation that relates to
  its journalistic, creative or programming
  activities
• Records concerning CBC general administration are
  subject to the Act
• 68.2 Information under the control of Atomic
  Energy of Canada Ltd other than information that
  relates to
• Records concerning AECL general administration
  and the operation of certain nuclear facilities
  are subject to the Act

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Exclusions

• Cabinet Confidences Subsection 69(1)
• The ATI Act does not apply to
• Records, or information in records, that describe
  the individual or collective decision and policy
  making process of Ministers or Cabinet
• Information relating to the business of Cabinet
• DND/CAF documents that reference matters related
  to decisions, discussions or agenda of Cabinet or
  Cabinet Committees (including Treasury Board)

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Nature of Exemptions

• Mandatory Exemptions
• Normally require the institution to refuse to
  disclose the records in whole or in part. In some
  instances, mandatory exemptions may be released
  (e.g., consent of party to whom information
  belongs, publicly available information)
• Discretionary Exemptions
• Provide the institution with an option to
  disclose information where it is felt that no
  injury will result in the disclosure, or where
  the interest in disclosing the information
  outweighs any injury that could result from
  disclosure

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Nature of Exemptions

• Exemptions Subject to Class Test
• Describe categories of information which are
  sufficiently sensitive that disclosure could have
  a detrimental effect
• Exemptions Subject to Injury Test
• Access may be denied if disclosure could
  reasonably be expected to have a detrimental
  effect on the interest specified in the exemption
• Consider the degree to which the injury is
• Specific Is it possible to identify the
  detrimental effect on the actual party or the
  interest that will suffer injury rather than a
  vague general harm?
• Current Is it possible to identify the
  detrimental effect at the time the exemption is
  claimed or in the foreseeable future?
• Probable Is there a reasonable likelihood of the
  injury occurring?

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ATIA Exemptions
SECTION INFORMATION RELATING TO REQUIREMENT
13(1) Information obtained in confidence from other governments Mandatory
14 Federal-Provincial affairs Discretionary
15(1) International affairs and defence Discretionary
16 Investigations and law enforcement Discretionary
17 Safety of individuals Discretionary
18 Economic interests of Canada Discretionary
19 Personal information Mandatory
20 Third party information Mandatory
21 Advice, recommendations, deliberations Discretionary
22 Testing and audit procedures Discretionary
23 Solicitor-client privilege Discretionary
24 Statutory prohibition Mandatory
26 Publication in the near future Discretionary
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Privacy Act
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Purpose of the Privacy Act

• to extend the present laws of Canada that
  protect the privacy of individuals with respect
  to personal information held about themselves by
  a government institution and that provide
  individuals with a right of access to personal
  information about themselves.

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Personal Information

• Personal information means information about an
  identifiable individual that is recorded in any
  form including, without restricting the
  generality of the foregoing
• Race, origin, colour, religion, age, marital
  status
• Education, medical, criminal, or employment
  history
• Any identifying numbers or symbols (SN/SIN/PRI)
• Home address, fingerprints, blood type

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Personal Information (contd)

• Correspondence sent to a government institution
  by the individual that is implicitly or
  explicitly of a private or confidential nature.
• Personal opinions or views, except when they are
  about another individual.
• The views or opinions of another individual about
  the individual.
• Name of an individual where it appears with other
  personal information related to the individual or
  where the disclosure of the name itself would
  reveal information about the individual.

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NOT Personal Information

• Personal information does not include
• Information about an individual who is or was an
  officer or employee of a government institution
  that relates to position or function including
• That the individual is or was a government
  employee
• Title, business address, telephone number
• Classification, salary range, responsibilities of
  the position
• The name of an individual on a document prepared
  by that individual in the course of employment
• Personal opinions or views given in the course of
  employment (i.e., professional opinions or views)

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NOT Personal Information (contd)

• Information about an individual who is or was
  performing services under contract for a
  government institution
• Information relating to a discretionary benefit
  of a financial nature
• Information about an individual who has been dead
  for twenty years

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Personal Information Banks

• Requirement of the Privacy Act component of Info
  Source
• Describe departmental personal information
  holdings
• Two kinds
• Standard (common to most institutions)
• Institution-Specific

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Right of Access

• Canadian citizens anywhere in the world
• Permanent residents (IAW Immigration and Refugee
  Act)
• Inmates (IAW Part 1 of Corrections and
  Conditional Release Act) who are not Canadian
  citizens or permanent residents
• Any person present in Canada

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Submitting a Request

• Usual manner is by regular mail to our office.
  Requests may also be sent by fax.
• Signature required for Privacy Act requests.
• Email submissions not accepted at this time.
• Personal Information Request Form (Military)
• Personal Information Request Form (Civilian)
• (The forms do not have to be used request may
  be in the form of a letter.)
• No fees associated with Privacy Act requests.
• Requests must be in writing and sufficiently
  specific

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Time Limits

• Government institutions have 30 calendar days to
  send the information to the requester.
• Extensions are possible but only once per request
  and must be justifiable.
• Deemed refusal if we fail to respond to the
  requester within 30 days.

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Extensions

• For a maximum of 30 days
• 15(a)(i) Meeting the original time limit would
  unreasonably interfere with operations
• 15(a)(ii) Consultations are necessary that
  cannot reasonably be completed within the
  original time limits

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Privacy Request Process

• DAIP Privacy Tasking Team
• Office of Primary Interest (OPI)
• DAIP Privacy Operations Team

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Limited and Specific Exceptionsto theRight of
Access
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Exclusions

• The Privacy Act does not apply to
• 69(1)(a) Library or museum material preserved
  solely for public reference or exhibition
  purposes
• 69(1)(b) Material placed in Library and Archives
  of Canada, National Gallery of Canada, Canadian
  Museum of Civilization, Canadian Museum of
  Nature, National Museum of Science and
  Technology, Canadian Museum for Human Rights, or
  Canadian Museum of Immigration at Pier 21 by or
  on behalf of persons or organizations other than
  government institutions

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Exclusions

• The Privacy Act does not apply to
• 69.1 Personal information that the Canadian
  Broadcasting Corporation collects, uses or
  discloses for journalistic, artistic or literary
  purposes and does not collect, use or disclose
  for any other purpose
• 70(1) Cabinet confidences

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Nature of Exemptions

• Recap
• Mandatory exemptions
• Discretionary exemptions
• Subject to class test
• Subject to injury test

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Privacy Act Exemptions
SECTION INFORMATION RELATING TO REQUIREMENT
18(2) Exempt banks Discretionary
19(1) Personal information obtained in confidence Mandatory
20 Federal-Provincial affairs Discretionary
21 International affairs and defence Discretionary
22 Law enforcement and investigations Discretionary
23 Security clearances Discretionary
24 Individuals sentenced for an offence Discretionary
25 Safety of individuals Discretionary
26 Personal information about another individual Mandatory
27 Solicitor-client privilege Discretionary
28 Medical records Discretionary
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Informal Access

• An informal request may be made either verbally
  or in writing.
• Normally permits requesters to obtain faster
  access to specific personal information by
  applying directly to the OPI.
• Informal access should be given within 30
  calendar days from the date requested.

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Personal Information Management
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Privacy Protection Provisions

• Sections 4-8
• Collection
• Accuracy
• Use
• Disclosure
• Retention and Disposal

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Privacy Breach

• A privacy breach involves improper or
  unauthorized collection, use, disclosure,
  retention and/or disposal of personal
  information.
• Contact DAIP if you suspect a breach of privacy
  may have occurred.

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Authorized Disclosure
without consent

• Personal information under the control of a
  government institution may be disclosed
• 8(2)(a) For the purpose for which the
  information was obtained or compiled by the
  institution or for use consistent with that
  purpose
• Consistent use means the use of personal
  information for a purpose that has a reasonable
  and direct connection to the original purpose for
  which the information was collected.

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Authorized Disclosure
without consent

• 8(2)(b) In accordance with any Act of Parliament
  that authorizes disclosure
• 8(2)(c) To comply with a subpoena or warrant
  issued or order made by a court, person or body
  with jurisdiction to compel the production of
  information
• 8(2)(d) To the Attorney General of Canada for
  use in legal proceedings involving the Crown
• 8(2)(e) To an investigative body specified in
  the regulations, on the written request of the
  body, for the purpose of enforcing the laws of
  Canada or a Province or carrying out a lawful
  investigation

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Authorized Disclosure
without consent

• 8(2)(f) Under an agreement or arrangement between
  the Government of Canada or an institution
  thereof and the government of a province, foreign
  state, or international organization established
  by the governments of states (e.g., NATO, UN,
  Interpol)
• 8(2)(g) To a member of parliament for the purpose
  of assisting the individual to whom the
  information relates
• 8(2)(h) To officers or employees of the
  institution for internal audit purposes, or any
  other person or body specified in regulations for
  audit purposes

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Authorized Disclosure
without consent

• 8(2)(i) To National Archives of Canada for
  archival purposes
• 8(2)(j) To any person or body for research
  purposes if the head of the institution is
  satisfied that the information is being released
  for statistical purposes
• 8(2)(k) To any association of aboriginal people,
  Indian band, government institutions or persons
  acting on their behalf, for the purpose of
  researching or validating claims, disputes or
  grievances of any aboriginal people of Canada

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Authorized Disclosure
without consent

• 8(2)(l) To any government institution for the
  purpose of locating an individual in order to
  collect a debt owing, or make a payment owing to
  that individual
• 8(2)(m) For any purpose where, in the opinion of
  the head of the institution
• The public interest in disclosure clearly
  outweighs any invasion of privacy that could
  result in the disclosure, or
• Disclosure would clearly benefit the individual
  to whom the information relates.

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Roles and Responsibilities

• DAIP
• Establishing procedures for processing requests
  and documenting decisions
• Exercising discretion
• Protecting the identity of applicants
• Validating the identity of requesters for Privacy
  Act requests
• Duty to assist and principles for assisting
  requesters
• Addressing obstruction of the right of access (s.
  67.1)
• Posting summaries of completed ATI requests
• Requests for correction of personal information
• Ensuring PIAs are completed and PIBs are
  registered
• Establishing a plan for addressing privacy
  breaches

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Roles and Responsibilities

• Senior Executives and Managers
• Establishing parliamentary authority for programs
  and activities
• Initiating a privacy impact assessment for
  new/modified activities and informing DAIP if a
  new/modified PIB is required
• Implementing the Departments privacy breach
  process
• Privacy notices
• Ensuring personal information used for an
  administrative purpose is accurate
• Safeguarding personal information
• Applying the appropriate retention and disposal
  standards and ensuring they are documented in the
  relevant PIB

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Roles and Responsibilities

• Employees
• Recommending informal access when appropriate
• Making every reasonable effort to locate
  responsive records
• Providing realistic fee estimates and rationale
  for ATI requests
• Providing valid disclosure recommendations and
  contextual information when appropriate
• Ensuring that contracts and agreements do not
  weaken the right of access

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Oversight

• Review mechanisms
• Independent of the executive power
• Report to Parliament
• Act as an ombudsman
• Two-tiered
• Complaint to Commissioners
• Federal Court review

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Oversight

• Office of the Information Commissioner (OIC)
• Oversight of the Access to Information Act
• Grounds for complaint include the processing of
  ATIA requests (fees, time limits, refusal of
  access, etc.)
• Office of the Privacy Commissioner (OPC)
• Oversight of the Privacy Act
• Grounds for complaint include the processing of
  Privacy Act requests and compliance with sections
  4-8 of the Act

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Oversight

• Investigative powers of the Commissioners are
  very broad and rooted in legislation
• Summon persons and compel them to give evidence
• Compel production of documents
• Administer oaths
• Enter premises occupied by government
  institutions
• Converse in private with any person in such
  premises
• Examine or make copies of any record relevant to
  an investigation
• Commissioners will issue findings and may make
  recommendations

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Statistics
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Access Requests
FY REQUESTS RECEIVED REQUESTS COMPLETED PAGES RELEASED
1998-99 1,031 885 282,476
1999-00 1,063 1,252 166,343
2000-01 1,088 1,107 102,647
2001-02 1,356 1,318 144,280
2002-03 1,316 1,258 152,297
2003-04 1,488 1,465 161,885
2004-05 1,284 1,256 176,977
2005-06 1,131 1,237 170,991
2006-07 1,808 1,597 150,133
2007-08 1,779 1,541 75,148
2008-09 1,650 1,739 110,683
2010-11 1,483 1,479 TBD
2011-12 1,645 1,610 75,720
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Access Requests
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Privacy Requests
FY REQUESTS RECEIVED REQUESTS COMPLETED PAGES RELEASED
1998-99 9,031 10,194 907,935
1999-00 6,579 9,039 768,322
2000-01 5,279 5,668 558,688
2001-02 4,443 4,517 452,721
2002-03 4,338 4,283 453,835
2003-04 4,117 4,220 464,618
2004-05 4,239 4,082 527,220
2005-06 4,841 4,536 579,694
2006-07 4,620 4,370 619,717
2007-08 6,244 5,556 724,447
2008-09 4,627 4,840 715,483
2010-11 6,228 5,781 TBD
2011-12 6,706 5,307 409,618
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Privacy Requests
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Questions?
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Visit
Contact

• Email
• ATIP_at_forces.gc.ca
• Phone
• [phone]
• 1-888-272-8207
• Fax
• [phone]

• Intranet
• http//admfincs.mil.ca/daip/intro_e.asp
• Internet
• http//www.admfincs-smafinsm.forces.gc.ca/aip/inde
  x-eng.asp
• Office
• Place de Ville, Tower B
• 112 Kent Street, 17th Floor
• Ottawa, Ontario