Annual report to parliament on the application of the Privacy Act 2012-2013

Place du Centre
200 Promenade du Portage
4th Floor
Gatineau, Quebec
K1A 1K8

The Honourable Peter Van Loan, P.C., M.P.
Leader of the Government in the House of Commons
House of Commons
Ottawa, Ontario
K1A 0A6

Honourable Minister:

In accordance with section 72 of the Privacy Act, the Transportation Safety Board of Canada is pleased to submit to Parliament this report on its activities relating to the application of the Act for the period 1 April 2012 to 31 March 2013.

Sincerely,

Wendy A. Tadros

1.0  Introduction

Pursuant to section 72 of the Privacy Act, the Transportation Safety Board of Canada (TSB) is pleased to table in Parliament this report on its activities relating to the application of the Act. The report covers the period from 1 April 2012 to 31 March 2013.

The purpose of the Privacy Act is to protect the privacy of individuals with respect to personal information about themselves held by government institutions such as the TSB , and to provide individuals with a right of access to that information.

The Canadian Transportation Accident Investigation and Safety Board Act provides the legal framework that governs TSB activities. Our mandate is to advance transportation safety in the marine, pipeline, rail and air modes of transportation by:

  • conducting independent investigations, including public inquiries when necessary, into selected transportation occurrences in order to make findings as to their causes and contributing factors;
  • identifying safety deficiencies, as evidenced by transportation occurrences;
  • making recommendations designed to eliminate or reduce any such safety deficiencies; and
  • reporting publicly on our investigations and on the findings in relation thereto.

More information on the TSB is available at www.bst-tsb.gc.ca.

The TSB ’s administration of its Access to Information and Privacy (ATIP) activities is in accordance with the government’s stated principles that government information should be available to the public with only specific and limited exceptions. Furthermore, the TSB treats personal information in compliance with the code of fair information practice expressed in the Privacy Act.

2.0  ATIP office organization

The ATIP Office operates within the Information Management (IM) Division of Corporate Services. This ensures effective integration of ATIP requirements into IM planning, policy development, records management systems and practices, and training and awareness activities. The office consists of four full-time permanent employees and one part-time employee: the coordinator, who is also responsible for the information management function and dedicates approximately half of his time to ATIP , three analysts, and one administrative assistant to support the program.

The ATIP Office administers requests made pursuant to the Act and provides functional advice and guidance to managers and employees concerning the release of information and protection of privacy.  In addition, ATIP analysts are required to exhibit strong consultative and negotiating skills when meeting with requesters, employees of the TSB and representatives of the Office of the Privacy Commissioner’s office.

3.0  Delegation of authority

As required by the legislation, a delegation of authority is in place. For the purposes of the Privacy Act, the “head of the institution” as defined in section 3 of the Act is the Chair. The Chief Operating Officer, the Director General Corporate Services and the Manager Information Management Division have been delegated powers by the Chair deemed appropriate for the effective administration of the Act and to ensure that the TSB meets all its obligations fairly and consistently.

A copy of the Delegation Order is attached as Appendix A.

4.0  Disposition of requests

4.1 Requests for personal information

Nineteen (19) formal requests for personal information were received during the current reporting period, and two (2) requests were brought forward from the previous reporting period, for a total of twenty-one (21) active requests. There were twenty-two (22) requests received during the previous period, representing a decrease of 14%. Of the twenty-one closed requests in 2012-13, records were fully disclosed to nine (9) applicants, partially disclosed to five (5) applicants, documents did not exist in four (4) cases, and three (3) requests were abandoned by their requesters.  No request was carried over to the next fiscal year.

Of the twenty-one (21) requests processed during the reporting period, eleven (11) were completed within the 30-day limit, eight (8) were completed within 31 to 60 days, and two (2) were completed within 61 to 120 days. The average time taken to process a request during the 2012–13 reporting period was 34.6 calendar days, compared with last year’s average of 29.6 calendar days.

During this period, the ATIP Office was involved in the search, preparation and review of 8,275 pages of information and the reproduction and release of 1,533 pages of information. Last year, 2,357 pages were reviewed and 1,681 pages were released. Globally, the number of pages reviewed in 2012-13 represents an increase of more than 250% in the workload compared to the previous reporting period.

The TSB ’s policy of openness allows for the disclosure of information to employees without necessarily requiring that they invoke the Privacy Act. Human Resource officers and support staff handle this sort of request as part of their routine duties.

The TSB remains vigilant in meeting requirements under the Act to protect personal information under its control. This is achieved by ensuring that employees are cognizant of their responsibility to protect the personal information they handle in the course of their duties and by respecting the code of fair information practice enshrined in the legislation.

4.2 Costs

During 2012–13, the ATIP Office incurred an estimated $24,447 in costs to administer the Privacy Act. These costs include salaries, overtime, goods and services, and professional services contracts for temporary help staff but do not include the resources expended by other areas of the TSB to meet the requirements of the Act.

5.0  Training and education

In terms of internal training activities, the TSB has an orientation program in place for new employees. The ATIP Office prepared and delivered two (2) ATIP awareness sessions in 2012-13 to twenty-one (21) employees from Head Office and three regional offices. The ATIP office also provides advice and guidance upon request to individuals and small groups of employees on an informal basis.

In addition, the ATIP staff attended the annual Canadian Access and Privacy Association workshop, as well as various workshops organized by the Treasury Board Secretariat throughout the fiscal year. These workshops provided ATIP staff with valuable information on trends and best practices within the ATIP community, updates on recent complaints and court cases, and tools to help improve service standards within the field

6.0  Policies, guidelines and procedures

No new or revised privacy-related policies, guidelines or procedures were implemented by the TSB during the reporting period.

7.0  Complaints and investigations

One complaint was received from the Office of the Privacy Commissioner (OPC) during this reporting period. The complainant alleges that the TSB contravened the use and disclosure provisions of the Privacy Act relating to information shared as part of a reference check. TSB submitted its representations to the OPC and is awaiting the findings from  the OPC investigation.

8.0  Privacy impact assessments

The TSB did not undertake any Privacy Impact Assessments (PIA) during the reporting period.

9.0  Disclosures pursuant to paragraph 8(2)(m)

The TSB did not disclose any information pursuant to paragraph 8(2)(m) during the reporting period.

10.0  Statistics required by Treasury Board

The statistics required by the Treasury Board Secretariat are found in Appendix B.

Appendices

Appendix A – Delegation order

Designation orders

Privacy Act

The Chair of the Transportation Safety Board of Canada, pursuant to Section 73 of the Privacy Act, hereby designates the persons holding the positions of Chief Operating Officer, Director General, Corporate Services and Manager, Information Management Division, Corporate Services, or the persons occupying on an acting basis those positions, to exercise the powers and perform the duties and functions of the Chair as the head of a government institution under the Act.

The original version was signed by

Wendy A. Tadros
Chair

Date: January 25, 2010

Appendix B – Statistical report

Statistical Report on the Privacy Act

Name of Institution: Transportation Safety Board of Canada
Reporting Period: 2012-04-01 to 2013-03-31

PART 1 - Requests under the Privacy Act

Number of Requests
Received during reporting period 19
Outstanding from previous reporting period 2
Total 21
Closed during reporting period 21
Carried over to next reporting period 0

PART 2 - Requests closed during the reporting period

2.1 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 3 1 5 0 0 0 0 >9
Disclosed in part 0 0 3 2 0 0 0 5
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 3 1 0 0 0 0 0 4
Request abandoned 1 2 0 0 0 0 0 3
Total 7 4 8 2 0 0 0 21

2.2 Exemptions
Section Number of requests
18(2) 0
19(1)(a) 0
19(1)(b) 0
19(1)(c) 1
19(1)(d) 0
19(1)(e) 0
19(1)(f) 0
20 0
21 0
22(1)(a)(i) 0
22(1)(a)(ii) 1
22(1)(a)(iii) 0
22(1)(b) 0
22(1)(c) 0
22(2) 0
22.1 0
22.2 0
22.3 0
23(a) 0
23(b) 0
24(a) 0
24(b) 0
25 0
26 5
27 0
28 0

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

2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 9 0 0
Disclosed in part 4 1 0
Total 13 1 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
All disclosed 3079 322 9
Disclosed in part 5196 1211 5
All exempted 0 0 0
All excluded 0 0 0
Request Abandoned 0 0 3

2.5.2 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 Pagesn disclosed Number of requests Pages disclosed
All disclosed 4 4 3 93 1 23 1 202 0 0
Disclose in part 0 0 1 143 2 805 2 263 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Abandoned 3 0 0 0 0 0 0 0 0 0
Total 7 4 4 236 3 828 3 465 0 0

2.5.3 Other complexities
Disposition Consultation required Legal Advice Sought Interwoven Information Other Total
All disclosed 0 0 0 5 5
Disclosed in part 1 0 0 4 5
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Abandoned 0 0 0 0 0
Total 1 0 0 9 10

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Number of requests closed past the statutory deadline Principal Reason
Workload External consultation Internal consultation Other
3 2 0 1 0

2.6.2 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 2 2
16 to 30 days 1 0 1
31 to 60 days 0 0 0
61 to 120 days 0 0 0
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 1 2 3

2.7 Request 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 - Disclosures under subsection 8(2)

Paragraph 8(2)(e) Paragraph 8(2)(m) Total
0 0 0

PART 4 - Requests for correction of personal information and notations

Number
Requests for correction received 0
Requests for correction accepted 0
Requests for correction refused 0
Notations attached 0

PART 5 - Extensions

5.1 Reasons for extensions and disposition of requests
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 Section 70 Other
All disclosed 5 0 0 0
Disclosed in part 4 0 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 9 0 0 0

5.2 Length of extensions
Length of extensions 15(a)(i) Interference with operations 15(a)(ii) Consultation 15(b) Translation or conversion
Section 70 Other
1 to 15 days 0 0 0 0
16 to 30 days 9 0 0 0
Total 9 0 0 0

PART 6 - Consultations received from other institutions and organizations

6.1 Consultations received from other government institutions and organizations
Consultations Other government institutions Number of pages to review Other organizations Number of pages to review
Received during the reporting period 0 0 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 0 0 0 0
Closed during the reporting period 0 0 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 institutions
Recommendations Number of days required to complete consultation requests
1 to 15days 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
Disclose entirely 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 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

6.3 Recommendations and completion time for consultations received from other organizations
Recommendations 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
Disclose entirely 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 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

Number of days Number of responses received Number of responses received past deadline
1 to 15 0 0
16 to 30 0 0
31 to 60 0 0
61 to 120 0 0
121 to 180 0 0
181 to 365 0 0
More than 365 0 0
Total 0 0

PART 8 - Resources related to the Privacy Act

8.1 Costs
Expenditures Amount
Salaries $ 12 616.00

Overtime

$ 0.00
Goods and Services $ 11 831.00
Contracts for privacy impact assessments $ 0.00
Professional services contracts $ 9 371.00
Other $ 2 460.00
Total $ 24 447.00

8.2 Human Resources
Resources Dedicated full-time Dedicated part-time Total
Full-time employees 0.00 0.19 0.19
Part-time and casual employees 0.00 0.00 0.00
Regional staff 0.00 0.00 0.00
Consultants and agency personnel 0.00 0.05 0.05
Students 0.00 0.00 0.00
Total 0.00 0.24 0.24

Statistical Report on the Privacy Act – 2012-13

Appendix A
Completed Privacy Impact Assessments (PIAs)
Institution Number of Completed PIAs
Transportation Safety Board of Canada Nil