2014-2015 Annual Report on the Privacy Act

Table of Contents

INTRODUCTION

Purpose of the Privacy Act

The Privacy Act (Act) protects the privacy of individuals with respect to personal information about themselves held by a government institution and provides individuals with a right of access to that information.

The Annual Report to Parliament on the Act is prepared and tabled in Parliament in accordance with section 72 of the Act.

Military Police Complaints Commission of Canada

The Mandate

The Military Police Complaints Commission of Canada (MPCC) provides independent civilian oversight of the Canadian Armed Forces (CAF) Military Police (MP) and carries out its quasi-judicial functions pursuant to the powers conferred under Part IV of the National Defence Act.

The MPCC reviews and investigates complaints concerning MP conduct and investigates allegations of interference in MP investigations. It reports its findings and makes recommendations directly to the MP and national defence leadership.

The Mission

The mission of the MPCC is to promote and ensure the highest standards of conduct of MP in the performance of policing duties, and to discourage interference in any MP investigation.

The Organization

The MPCC is a micro-agency consisting of 30 planned full-time equivalents with a reference level of $4.7M.

As Deputy Head, the Chairperson is supported by the General Counsel and the Chief of Staff (CoS), four part-time Governor-in-Council appointed Commission Members, civilian staff and consultants. Due to the small size of the MPCC, it contracts subject matter experts to assist with the delivery of services (e.g. investigators, lawyers, information technology specialists, technical writers, consultants), to meet the MPCC’s mandate and operational requirements.

MPCC Access to Information and Privacy (ATIP) Program

Prior to December 2013, the MPCC ATIP Program consisted of the internal staff overseeing the hiring and supervision of ATIP consultants. These consultants were assigned to ATIP request files on an “as required basis” to oversee the gathering and vetting of documents as part of the normal ATIP services.

In December 2013, the MPCC received an increase in its reference level following a program integrity review, and with it, approved the creation of additional positions to mitigate the risks. As part of this review, risks were identified in terms of the lengthy bid solicitation processes to identify and hire consultants; availability of consultants; no in-house expertise thereby, relying on external consultants; lack of quality control and review mechanisms to ensure the quality and accuracy of the Access to Information (ATI) requests; ATI proactive disclosures on the MPCC website; ATI Annual Reports; Annual Statistical Reports to Parliament and Treasury Board of Canada Secretariat; the pressures placed on existing non-ATI personnel / internal staff to meet strict legislative deadlines and increased number of complaints and investigations. As a result, an ATIP Officer position and another position to conduct quality assurance reviews were created to mitigate this risk.

In January 2015, the MPCC staffed the ATIP officer position. In addition to processing ATI requests, the ATIP officer also re-vamped the ATIP program such as updating policies, guidelines and reports.

To conclude, the MPCC ATIP program provides services / products under the Access to Information Act and Privacy Act, but also provides services / products during the phases of large public interest hearings (PIH) and investigations. Furthermore, the MPCC has developed an Access to Information Framework - Plans and Strategies encompassing documented processes and management accountability to strengthen the integrity of the ATIP program.

APPLICATION OF THE PRIVACY ACT

Institutional Organization of Activities

MPCC Personnel

The CoS is the MPCC ATIP Coordinator supported by the Senior Planning & Administrative Officer (SPAO) and the Access to Information and Privacy (ATIP) Officer. As such, ATIP requests are a shared responsibility between three delegated salaried employees, as well as the responsibility of the Offices of Primary Interest (i.e. Operations, Registrar, Finance, the Records and Information Management Officer, etc.). Each area performs these duties in addition to their regular workload.

Professional Services

During this reporting period, the MPCC initiated bid solicitations for ATIP consultants by means of the PWGSC Temporary Help Services Supply Arrangement. The bid solicitation was successful although, very little expenditures were incurred. The ATIP requests and/or consultations were managed internally by the SPAO.

Reporting

The SPAO and the ATIP Officer are responsible for updating and submitting monthly ATIA status reports to the CoS for review and to the Executive Committee for tabling.

Proactive Disclosure

In addition, they are responsible for meeting the central agency requirements for the posting of the completed ATIA requests on the MPCC website on a monthly basis.

Delegation

Pursuant to section 73 of the Act, the Chairperson appointed the CoS, the SPAO and the Administrative Services Officer the duty to exercise and perform the powers, duties and functions under the Act and Regulations. (Appendix A - Privacy Act Delegation Order)

Privacy Act Statistics

During this review period, the MPCC received and closed three (3) privacy requests. Of these requests, the MPCC did not withhold the requested information.

The MPCC successfully met the 30-day response time limit for these requests.

For additional information, please refer to Appendix B.

Training

ATIP training is required for those delegated under the ATIA. The CoS, the SPAO and the ATIP Officer received ATIP training through the Canada School of Public Service. They also attend regular ATIP Community and other related meetings including receiving ATIP updates from central agencies.

In-house training, advice and coaching is provided to MPCC personnel on ATIP throughout the year such as during the Operations Workshop (1 workshop with 20 personnel). Training also includes aspects related specifically to investigations, solicitor-client privilege, relevancy, open court principles, etc.

Institutional Policies and Procedures

Annually, the CoS reviews and updates the MPCC Access to Information Framework – Plans and Strategies and business processes. The MPCC ensures it complies with new Treasury Board of Canada Secretariat policies and directives, as a result of issues raised by the Office of the Information Commissioner, other Agents of Parliament (e.g. Auditor General, Comptroller General, etc.) or for other reasons (i.e. management reviews, evaluations, audits, etc.).

Handling of Formal Requests

The MPCC has adopted the following process to handle formal requests:

  1. Receive and acknowledge receipt of the Privacy request;
  2. Create a file and register the request including capturing and updating the information in the Report on the Act;
  3. Review the request and determine next steps;
  4. Gather and review all documents including redacting the information if required; and
  5. Validate and approve the release of the information.

Audits

No audits were conducted during the reporting period.

Complaints and Investigations

No complaints were received during this period.

Monitoring

All ATIP requests are monitored by the CoS / ATIP Coordinator throughout the year and information such as the statistics and time to process ATI requests are captured in an ATIP report. This monitoring occurs from the receipt to the closure of all ATIP requests.

Monthly, the CoS / ATIP Coordinator submit the ATIP reports including all other ATIP activities (i.e. ATI Annual Report, Privacy Act Annual Report, ATI Statistical Report, Privacy Act Statistical Report, Info Source, Personal Information Bank etc.), to the Executive Committee as a standing agenda item. This Committee consists of the Chairperson (Deputy Head), CoS / ATIP Coordinator and the General Counsel. During the agenda item, the ATIP Officer is present and the report is discussed, approved and tabled at the Executive Committee.

Privacy Breaches

No privacy breach occurred at the MPCC during this reporting period.

Privacy Impact Assessments

No privacy impact assessments were conducted during this reporting period.

Disclosure

The MPCC has not disclosed any personal information pursuant to subsection 8 (2)(m) of the Act.

Data Sharing Activities

The MPCC has not completed any data sharing activity during this reporting period.

Appeals to Federal Court

No appeal concerning Privacy Act requests with MPCC were filed in Federal Court during this reporting period.

APPENDIX A - Privacy Act Delegation Order

BY THIS ORDER made purduant to section 73* of the Privacy Act, I hereby designate the persons holding the positions of Chief of Staff, of Senior Planning and Administration Officer, and of Administrative Services Officer to exercise or perform the powers, duties and functions of the head of a government institution under the Act, as specified in the attachment, insofar as they may be exercised or performed in relation to the Military Police Complaints Commission, effective from April 1, 2010.

Glenn Stannard
Chairperson
Military Police Complaints Commission

*73. The head of a government institution may, by order, designate one or more officers or employees of that institution to exercise or perform any of the powers, duties or functions of the head of the institution under this Act that are specified in the order.

Privacy Act Delegation Order
ATTACHMENT
Description of Authority PA Section Chairperson* Chief of Staff* Senior Planning and
Administrative
Officer
Administrative services
officer
PRIVACY ACT
DISCLOSURE
Disclose to investigative body 8(2)(e) F F F F
Disclose for research and statistics 8(2)(j)(i) & (ii) F F F F
Disclose in public interest or benefit to individual 8(2)(m)(i) & (ii) F F F F
Retain record of requests and of disclosures for investigations 8(4) F F F F
Notify Privacy Commissioner of 8(2)(m) disclosures 8(5) F F F F
Retain record of disclosures net yet published 9(1) F F F F
Notify Privacy Commission of consistent use and include statement on use in the Index (Info Source) 9(4) F F F F
PERSONAL INFORMATION BANKS
Include personal information in Personal Information Banks (PIBs) descriptions 10(1)(a) & (b) F F F F
Produce Index of Personal Information (Info Source) entries 11 F F F F
ACCESS
Notify where access granted/refused 14 F F F F
Notify where access refused 16(1)(a) & (b) F F F F
Obtain/Provide translation or not 17(2)(b) F F F F
Obtain/Provide alternative format or not 17(3)(b) F F F F
EXEMPTIONS
Refuse access - Exempt bank 18(2) F F F F
Refuse access - Confidential information 19(1)(a) to (d) F F F F
Disclose confidential information 19(2)(a) & (b) F F F F
Refuse access - Federal-provincial affairs 20 F F N N
Refuse access - International affairs and defence 21 F F N N
Refuse access - Law enforcement and investigations 22(1)(a) to c) F F F F
Refuse access -Information received from RCMP acting as a provincial or municipal entity 22(2) F F N N
Refuse access - Security clearances 23(a) & (b) F F F F
Refuse access - Individual under sentence 24(a) & (b) F F N N
Refuse access - Safety of individuals 25 F F N N
Refuse access - Another individual s personal information 26 F F F F
Refuse access- Solicitor-client privilege 27 F F N N
Refuse access - Medical records 28 F F F F
COMPLAINTS
Make representation to Privacy Commissioner 33(2) F F F F
Respond to Privacy Commissioner's request to disclose information previously exempted 35(1)(b) F F F F
Give access to complainant 35(4) F F F F
Respond to Privacy Commissioner on the review of exempt banks 36(3)(b) F F F F
Request for Court hearing in National Capital Region 51(2)(a) F F F F
Make Ex Parte representations to Court 51(3) F F F F
EXCLUSIONS
Refuse access - Excluded information 69 & 70 F F F F
OTHER
Prepare annual report to Parliament 72(1), (2) & (3) F F F F
Delegate authority by Head of Institution 73 F N/A N/A N/A
PRIVACY REGULATIONS
Provide facilities for examination 9(a) F F F F
Set time for examination 9(b) F F F F
Correct personal information 11(2) F F F F
Refuse to correct personal information 11(4) F F F F
Require examination in person of information relating to physical or mental health (advice of medical practitioner or by psychologist) 14 F F F F

*F*   = Full Authority

*N*   = No Authority. To be obtained from the next level up.

APPENDIX B - 2014-15 Statistical Report on the Privacy Act

Name of institution: Military Police Comaplaints Commission of Canada

Reporting period: 2014-04-01 to 2015-03-31

Part 1 - Requests Under the Privacy Act

  Number of Requests
Received during reporting period 3
Outstanding from previous reporting period 0
Total 3
Closed during reporting period 3
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 1 0 0 0 0 0 0 1
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 2 0 0 0 0 0 0 2
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 3 0 0 0 0 0 0 3
2.2 Exemptions
Section Number of Requests
18(2) 0
19(1)(a) 0
19(1)(b) 0
19(1)(c) 0
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) 0
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 0
27 0
28 0
2.3 Exclusions
Section Number of Requests
69(1)(a) 0
69(1)(b) 0
69.1 0
70(1) 0
70(1)(a) 0
70(1)(b) 0
70(1)(c) 0
70(1)(d) 0
70(1)(e) 0
70(1)(f) 0
70.1 0
2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 1 0 0
Disclosed in part 0 0 0
Total 1 0 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 2 2 1
Disclosed in part 0 0 0
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 0
Neither confirmed nor denied 0 0 0
Total 2 2 1
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 Pages Disclosed Number of Requests Pages Disclosed
All disclosed 1 2 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0 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
Request abandoned 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 1 2 0 0 0 0 0 0 0 0
2.5.3 Other complexities
Disposition Consultation Required Legal Advice Sought Interwoven Information Other Total
All disclosed 0 0 0 0 0
Disclosed in part 0 0 0 0 0
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 0 0 0 0 0

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
0 0 0 0 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 0 0
16 to 30 days 0 0 0
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 0 0 0
2.7 Requests 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 Subsections 8(2) and 8(5)

Paragraph 8(2)(e) Paragraph 8(2)(m) Paragraph 8(5) Total
0 0 0 0

Part 4 - Requests for Correction of Personal Information and Notations

Disposition for Correction Requests Received Number
Total 0
Notations attached 0
Requests for correction accepted 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
All disclosed 0 0 0 0
Disclosed in part 0 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 0 0 0 0
5.2 Length of extensions
Length of extensions 15(a)(i) Interference with operations 15(a)(ii) Consultation 15(b) Translation purposes
Section 70 Other
1 to 15 days 0 0 0 0
16 to 30 days 0 0 0 0
Total 0 0 0 0

Part 6 - Consultations Received from Other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and other organizations
Consultations Other Government of Canada 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 of Canada institutions
Recommendation 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
All disclosed 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 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
Recommendation 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
All disclosed 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 0 0 0 0
All exempted 0 0 0 0 0 0 0 0
All excluded 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

7.1 Requests with Legal Services
Number of Days Fewer 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 Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0
7.2 Requests with Privy Council Office
Number of Days Fewer 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 Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

Part 8 - Complaints and Investigations Notices Received

Section 31 Section 33 Section 35 Court Action Total
0 0 0 0 0

Part 9 - Privacy Impact Assessments (PIAs)

Number of PIAs completed 0

Part 10 - Resources related to the Privacy Act

10.1 Costs
Expenditures Amount
Salaries $17,603
Overtime $0
Goods and Services $215
Professional services contracts $215
Other $0
Total $17,818
10.2 Human Resources
Resources Person Years Dedicated to Privacy Activities
Full-time employees 1.00
Part-time and casual employees 2.00
Regional staff 0.00
Consultants and agency personnel 1.00
Students 0.00
Total 4.00

Note: Enter values to two decimal places.

COMPLETED PRIVACY IMPACT ASSESSMENTS (PIAS)

Institution Number of Completed PIAs
Military Police Complaints Commission of Canada Nil
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