Annual Report on the Privacy Act: 2016–2017

Table of Contents

1. Report on the Privacy Act

1.1 Introduction

The Privacy Act (the Act) provides Canadian citizens and permanent residents with the right of access to and correction of personal information about themselves that is under the control of a government institution. The Act also provides the legal framework for the collection, retention, use, disclosure, disposition and accuracy of personal information in the administration of programs and activities by government institutions subject to the Act.

Under the Act, personal information is defined as “information about an identifiable individual that is recorded in any form”. Examples include information relating to the race, national or ethnic origin, colour, religion, age or marital status of an individual; the education or the medical, criminal, financial or employment history of an individual; the address, fingerprints, or blood type of an individual; and any identifying number, symbol or other particular identifier assigned to an individual.

This report has been prepared and tabled in Parliament in accordance with section 72 of the Act. It covers the period from April 1, 2016, to March 31, 2017.

1.2 Mandate of Library and Archives Canada

The mandate of Library and Archives Canada (LAC) is:

  • To preserve the documentary heritage of Canada for the benefit of present and future generations;
  • To serve as a source of enduring knowledge accessible to all, contributing to the cultural, social and economic advancement of Canada as a free and democratic society;
  • To facilitate co-operation among Canadian communities involved in the acquisition, preservation and diffusion of knowledge; and
  • To serve as the continuing memory of the Government of Canada and its institutions.

Given LAC’s role as the continuing memory of the federal government, all archival records are sent to LAC once they are no longer needed for operational purposes in their creating department. Each year, in addition to privacy requests received on LAC’s own operational records, LAC receives thousands of requests for access to these other archival records in its holdings. The requests are typically voluminous, large in scope and complex. Many of these records contain personal and other sensitive information. The records held by LAC are stored in the National Capital Region (NCR), as well as in LAC facilities in Halifax, Winnipeg and Vancouver. As of November 2016, records stored in Halifax were relocated to other LAC facilities.

Furthermore, LAC is responsible for storing the restricted personnel files of former Canadian Armed Forces personnel and all of the personnel files of former federal government public servants; the majority of these files are stored in LAC’s facility in Winnipeg.

LAC processes privacy requests applying both formal and informal processes. Though LAC dedicates its efforts and resources to ensure compliance for formal requests received under the Act, most requests received by LAC are submitted through the informal process. This informal process represents 93% of the total requests received within the reporting period.

Table 1

Privacy requests received by LAC

  • Informal privacy requests: 5,015
  • Formal privacy requests: 373
  • Total privacy requests: 5,388

1.3 Organization

The organizational chart below outlines the reporting structure for the delegated administration of the Act at LAC.

Figure 1

  • Figure 1 (text version): Access to Information and Privacy reporting structure

    Librarian and Archivist of Canada
    Chief Operating Office
    Director General Public Services and Chief Privacy Officer
    Director Regional Services and Access to Information and Privacy (ATIP)
    Manager, ATIP and Personnel Records and ATIP Coordinator
    Archival and Operational Records Analysts
    Personnel Records Analysts

    The Director, Regional Services and Access to Information and Privacy (ATIP), reports to the Director General, Public Services and Chief Privacy Officer, who, in turn, reports to the Chief Operating Officer, who, in turn, reports to the Librarian and Archivist of Canada.

    Reporting to the Director, Regional Services and Access to Information and Privacy (ATIP), is the Manager, ATIP and Personnel Records and ATIP Coordinator, who has two teams of analysts, the Archival and Operational Records Analysts and the Personnel Records Analysts.

Each of the positions listed have responsibilities for exercising certain sections under the Act in accordance with LAC’s access to information and privacy (ATIP) delegation.

Privacy requests are received and processed by two teams: 1) Archival Operational Records; and 2) Personnel Records.

Archival and Operational Records:

  • Responds to consultations submitted by other federal institutions on the application of the Act as it relates to LAC’s current operational records or issues;
  • Processes formal and informal privacy requests to LAC’s current restricted operational records and restricted archival records under LAC’s control;
  • Reviews restricted Finding Aids concerning restricted archival records transferred to LAC for permanent custody and severs information that remains restricted;
  • Approves letters of authorization for current employees of federal institutions to access restricted archival records under LAC’s control.

Personnel Records:

  • Processes formal and informal privacy requests for restricted personnel files records on former members of the Canadian Armed Forces as well as former federal government employees;
  • Monitors other institutions’ programs to gauge the effects on workload, resources and processes;
  • Represents LAC in dealings with the Office of the Privacy Commissioner (OPC) on application of the Act to restricted records described above.

During this reporting period, there were 16.9 full-time equivalents (FTEs) assigned to processing requests received under the Act.

1.4 Delegation order

For the purposes of the Act, the Minister of Canadian Heritage delegates her powers, authorities and responsibilities to the deputy head of LAC (the Librarian and Archivist of Canada). The deputy head is accountable for developing, coordinating and implementing effective policies, guidelines, systems and procedures. This delegation order ensures that the minister’s responsibilities under the Act are met and that information is processed and disclosed appropriately.

At LAC, the deputy head delegates his powers, authorities and responsibilities to:

  • The Chief Operating Officer;
  • The Director General, Public Services, and Chief Privacy Officer;
  • The Director, Regional Services and ATIP;
  • The Manager, ATIP and Personnel Records, and ATIP coordinator; and
  • The ATIP analysts in Archival and Operational Records and in Personnel Records.

The latest delegation order was issued by the Minister of Canadian Heritage to LAC in May 2016 and is available at Appendix A of this report.

1.5 Statistical report

Statistical reporting pertaining to the administration of the Act has been in place since 1983. The statistical reports prepared by government institutions provide aggregate data on the application of the Act. This information is made public on an annual basis in the Info Source Bulletin and is included with the annual report on privacy, which is tabled in Parliament by each institution.

A comprehensive statistical report on the privacy requests processed by LAC in the 2016- 2017 fiscal year is available in Appendix B of this report.

Highlights from the statistical report are included in several sections of this report.

2. Interpretation of the Statistical Report for Requests under the Privacy Act

Part 1 - Requests under the Privacy Act

1.1 Number of requests

During this reporting period (April 1, 2016, to March 31, 2017), LAC received 373 new formal requests under the Act. This number represents an increase from 2015-2016, when LAC received 306 formal requests.

Table 2

Formal requests under the Privacy Act Number of formal requests
Received during reporting period 373
Outstanding from previous reporting period 20
Total 393
Closed during reporting period 378
Carried over to next reporting period 15

In addition, during the reporting period, LAC processed 5,015 informal privacy requests. A significant portion of informal requests (43%) were completed in 1 to 15 days, while a small percentage (1%) were completed in 61 to 120 days.

Figure 2

  • Figure 2: Informal requests: number of days to complete

    1 to 15 days 43% of requests
    16 to 30 days 38% of requests
    31 to 60 days 18% of requests
    61 to 120 days 1% of requests

In all cases, regardless of the process selected (formal or informal), individuals seek to receive information about themselves that is held by LAC.

Most of the formal requests received by LAC are related to information found in the personnel files of former members of the Canadian Armed Forces (CAF). Prior to 2013-2014, LAC received several requests related to specific programs offered by other government departments and organizations directed at veterans. As most of these programs have come to an end, LAC receives fewer requests associated with these programs.

In recent years, however, there has been an overall increased awareness of benefits and services offered to former military service members. This awareness has contributed to the increased number of privacy requests processed by LAC. In addition, recent media items, including but not limited to class action suits and the review of medication given to military personnel, may have also contributed to the increased number of requests.

Part 2 - Requests Closed During the Reporting Period

2.1 Disposition and completion time

In 2016-2017, LAC closed 378 formal requests in accordance with the provisions of the Act. This number is an increase of 27% from the previous fiscal year, when 297 requests were completed; however, this number is 7.5% less than in the 2014-2015 fiscal year, when 409 were closed. Of the 378 formal requests completed in 2016-2017, LAC was able to disclose all or segments of the records in 324 requests, representing 86% of the requests.

Table 3 provides an overview of the disposition of the completed requests.

Table 3

Number and percent disclosed 2016-2017 2015-2016 2014-2015
Fully disclosed 158 (42%) 126 (42%) 140 (34%)
Partially disclosed 166 (44%) 138 (46%) 225 (55%)
Exempted in entirety 0 0 0
Excluded in entirety 0 0 0
No existing records 31 (8%) 17 (6%) 27 (7%)
Request abandoned 23 (6%) 16 (5%) 17 (4%)
Neither confirmed  nor denied 0 0 0

* Percentages may not add up to 100 due to rounding.

2.2 Exemptions

During 2016-2017, LAC invoked only one exemption (section 26: disclosure of information about another individual) in 163 requests. No other exemptions were invoked by LAC in 2016- 2017. A significant portion of privacy requests completed by LAC pertain to military personnel files in which the records contain the personal information of other individuals (such as the Social Insurance Numbers and dates of birth of family members), and section 26 applies in these cases.

2.3 Exclusions

The Act does not apply to personal information contained in certain materials (i.e., library material preserved for public reference purposes) and in Cabinet confidences. LAC has not invoked any exclusions for the last three fiscal year, including 2016-2017.

2.4 Format of information released

Clients have the option of receiving records in either hard copy (paper) or digital format. Digital-format release packages are saved in PDF formal on a CD-ROM. In 2016-2017, in 238 cases, applicants requested that records be provided in hard-copy format, and in 86 cases, applicants requested that it be provided in digital format.

Table 4

Year Format of completed release package Total number

2016-2017

Hard copy 238
Digital 86

2015-2016

Hard copy 221
Digital 43

2014-2015

Hard copy 243
Digital 122

2.5 Complexity

2.5.1 Relevant pages processed and disclosed

In 2016-2017, LAC reviewed 75,566 pages to respond to formal requests. This number is an increase from the previous fiscal year. As previously mentioned, the majority of privacy requests are for the military files of former members of the Canadian Armed Forces (CAF). In general, the more recent military service files (post Second World War) contain more records and are more complex to review; these files contain more detailed medical information, for example.

Table 5

Year Number of pages reviewed (formal requests)
2016-2017 75,566
2015-2016 54,462
2.5.2 Relevant pages processed and disclosed by size of request

298 of the privacy requests involved the review and processing of up to 500 pages. A total of 46 requests involved the disclosure of 501 pages or more, including 14 requests for the review and processing of 1,001 to 5,000 pages, and 1 request that required the review of more than 5,000 pages.

Table 6

Fiscal year Requests received Requests completed Number of pages processed Number of pages released
2016-2017 373 378 75,556 70,436
2015-2016 306 297 54,462 54,258
2014-2015 397 409 104,752 104,435
2013-2014 635 682 228,437 227,995
2.5.3 Other complexities

The number of complexities was relatively consistent based on the number of requests processed within the reporting period.

Table 7

Fiscal Year Total Number of Complexities
2016-2017 178
2015-2016 133
2014-2015 137

In 2016-2017, 1 consultation was required, and the remaining 177 complexities were categorized as “Other.” All of these 178 cases were identified as complexities because a large collection of documents had to be searched to identify the requested records.

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline

Of the 378 formal requests completed this year, 2 requests were completed after the statutory deadline. One was because an external consultation was required, and the other did not meet the deadline because the file was charged out to another department and therefore LAC did not have immediate access to the records.

2.6.2 Number of days past deadline

In both of the above-noted cases, an extension was not taken. One request was past the deadline by 16 to 30 days, because the file was charged out to another government department, while the other was 365 days past the statutory deadline because of an external consultation.

2.7 Requests for translation

There were no requests for translations from English to French or from French to English in the 2016-2017 reporting year.

Part 3 - Disclosures Under Subsections 8(2) and 8(5)

During 2016-2017, LAC disclosed 20 requests for personal information to an investigative body and 1 request under section 8(2)(m):

  • 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 from the disclosure, or
  • disclosure would clearly benefit the individual to whom the information relates.

A notification for this request was sent to the OPC. This number of requests represents an overall increase from 2015-2016, when LAC disclosed 7 requests for personal information to an investigative body and 3 requests under section 8(2)(m).

Part 4 - Requests for Correction and Personal Information and Notations

During 2016-2017, LAC did not receive any requests to correct personal information.

Part 5 - Extensions

5.1 Reasons for extensions and disposition of requests

Extension were necessary in two cases. In the first case, the request interfered with normal operations, and in the second case, the request was sent for consultation.

5.2 Length of extensions

In both instances noted above, the requested extensions were for a duration of 16 to 30 days.

Part 6 - Consultations Received from Other Institutions and Organizations

6.1 Consultations received from other Government of Canada institutions and other organizations

In 2016-2017, LAC responded to 3 consultations from the Government of Canada (GC).

Table 8

Consultations Other GC institutions Number of pages reviewed Other organizations Number of pages reviewed
Received during the reporting period 2 1,889 0 0
Outstanding from the previous reporting period 1 106 0 0
Total 3 1,995 0 0
Closed during the reporting period 3 1,995 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

In 2016-2017, there were a total of 3 recommendations for consultation from other GC institutions. Each was completed within 30 days.

Table 9

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 1 0 0 0 0 0 0 1
Disclosed in part 0 2 0 0 0 0 0 2
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 1 2 0 0 0 0 0 3

6.3 Recommendations and completion time for consultations received from other organizations

Consistent with the figures from 2014-2015 and 2015-2016, LAC did not receive any consultation requests from other organizations outside of the Government of Canada in 2016-2017.

Part 7 - Completion Time of Consultations on Cabinet Confidences

7.1 Requests with Legal Services

LAC did not consult with Legal Services on Cabinet Confidences in 2016-2017.

7.2 Requests with Privy Council Office

LAC did not consult the Privy Council Office on Cabinet Confidences in 2016-2017.

Part 8 - Complaints and Investigation Notices Received

In 2016-2017, the OPC undertook one investigation concerning an LAC release package under section 31 of the Act. LAC received this notice on February 17, 2017.

Part 9 - Privacy Impact Assessments

LAC did not complete any Privacy Impact Assessments in 2016-2017.

Part 10 - Resources Related to the Privacy Act

10.1 Costs

Table 10

Cost Category Cost to Administer the Act
Salary: ATIP & Personnel Records (National Capital Region), including Director $957,395.60
Salary: ATIP Regions* $0
Salary: Digitization $121,454.97
Total Salary $1,078,850.57

ATIP Operations and Maintenance (O&M)

Digitization O&M $2,200.00
Contract for ATIP Software Licenses $51,988.79
IT Hardware $0
Shipping** $13,278.32
Total O&M $90,246.34
Total cost associated with the administration of the Act $1,169,096.91

*Privacy Act requests are exclusively processed by staff in the NCR.

**Note that during 2016-2017, tracking of shipping and courier costs were modified, and as a result, approximate calculations of postage costs were based on the size and weight of the most frequently mailed packages. Exact costs will be available for the 2017-2018 fiscal year.

10.2 Human resources

In 2016-2017, there were 16.9 full-time equivalent staff assigned to processing formal and informal requests under the Act. LAC made a concerted effort to staff previously vacant positions during the reporting period. As a result, LAC used several hiring mechanisms including the hiring of casual and temporary staff, as well as indeterminate hiring at various classification levels.

3. Miscellaneous

3.1 Other requests

When archival records created by federal institutions are transferred to LAC, they are accompanied by indexes or lists that serve as or can be used to create research tools called Finding Aids. Finding Aids describe the contents and location of each archival file to facilitate identification within the archival holdings. Many Finding Aids also contain sensitive or personal information and must be reviewed prior to release. In 2016-2017, LAC reviewed 154 Finding Aids. While this number is a decrease from the 200 Finding Aids reviewed in 2015-2016, the ongoing review of Finding Aids demonstrates LAC’s commitment to making its collections more easily found by clients.

3.2 Education and training

During the reporting period, several initiatives were undertaken to raise awareness of the roles and responsibilities of ATIP analysts and to train LAC employees for specific responsibilities.

In September 2016, LAC leveraged international Right to Know Day, which aims to raise awareness of individuals’ right to access government information, including personal information about themselves held by the government. This event promotes freedom of information as essential to both democracy and good governance. Internal messaging was sent out to all LAC employees publicizing the day and reminding them of their roles and responsibilities, both for LAC in its role as the continuing memory of government and as individual federal public servants. Employees at LAC were encouraged to take the ATIP courses offered by the Canada School of Public Service.

On March 20, 2017, LAC provided training for all operational areas on the development of Privacy Impact Assessments (PIAs). This training provided LAC staff with information about the purpose of PIAs, Treasury Board of Canada Secretariat policies regarding the implementation of PIAs, LAC’s policies, and staff roles and responsibilities in the event of privacy incidents or breaches. Approximately 30 staff members registered for the session.

LAC supported the organization of the Office of the Information Commissioner’s Transparency for the 21st Century conference which took place March 21 - 23, 2017. This event brought together over 200 Canadian and international experts and advocates in the fields of access to information, open government and government transparency. The event took place at LAC’s facility at 395 Wellington Street. LAC delivered a presentation during a panel discussion on Transparency and Indigenous Rights and organized Panel 4 - Building Transparency for the Future: the Role of Archives and Historians.

Experienced analysts are mentoring the ATIP analysts who have recently joined LAC or taken on new roles and responsibilities, to ensure an effective transition and improve the processing of incoming requests.

A training plan was also developed to address LAC’s general ATIP needs, and its implementation is ongoing into 2017-2018.

Table 11

Training type Date Target audience
Awareness activity: Right to Know Day September 28, 2016 LAC staff
Hands-on training: Overview of Privacy Impact Assessments March 2017 LAC staff
Conference: Transparency in the 21st Century March 2017 Federal, provincial and territorial access professionals, as well as private- and public-sector information specialists
Job shadowing: Experienced ATIP analysts support the learning of newer ATIP analysts Ongoing throughout the fiscal year ATIP staff and LAC staff with an interest in ATIP

3.3 Significant changes to organization, programs, operations or policy

On April 1, 2016, LAC’s Operations Sector implemented a reorganization to gain efficiencies in program management. This moved the ATIP and Personnel Records team under a newly created division: Regional Services and ATIP, bringing together two teams undertaking ATIP processes. This redistribution of teams has aligned functions and rebalanced management responsibilities.

In May 2016, a revised delegation order was issued to LAC by the Minister of Canadian Heritage. As a result, some policies and procedures required revision to accurately reflect the organizational structure and new delegation. Accordingly, revisions were made to ensure that the policies and procedures reflected the new delegation, including issuing new ATIP delegation cards to all affected employees.

On September 16, 2016, LAC introduced online forms as an option for submitting privacy requests. From that date to the end of the reporting period, 191 requests were submitted by online form. This number represents 9% of the privacy requests received in 2016-2017.

3.4 Overview of new or revised Privacy Act-related policies and procedures implemented

In November 2016, LAC received and complied with a litigation hold; this is a legal obligation for the institution to preserve intact all documents that are potentially relevant to the particular litigation. The litigation hold resulted in the modification of working procedures, particularly the movement of files from LAC buildings in the National Capital Region to LAC’s service point in Winnipeg.

3.5 Privacy breaches

In 2016-2017, LAC identified 3 privacy incidents. These were not categorized as privacy breaches, and the OPC was not involved in the remedial efforts. LAC was able to take immediate action and notify the affected parties. In 2 incidents, 1 individual was affected, and in the other incident, 5 individuals were affected.

In 2016-2017, LAC drafted revised Procedures for Responding to Privacy Incidents and Privacy Breaches. At the end of 2016-2017, this document was in the final stages of approval. The revised procedures are based on the current guidelines established through LAC’s Policy on Privacy Management and in accordance with the Privacy Act. Anticipated implementation is the second quarter of 2017-2018.

3.6 Monitoring

LAC monitors the time invested in processing privacy requests through the specialized ATIP software Access Pro Case Management from CSDS Systems Inc. This software enables LAC to track all request-related activities (e.g., time management, correspondence, consultations and fees) and allows each activity to be reported with specific timelines. A system feature called “the Dashboard” also provides system users, supervisors and managers with information about various data fields. Data fields available for review include the number of requests and request actions that are due within a specific period. Other features, such as system-designed reports and search-builders, allow users, managers and the system administrator to track all active and closed requests for accuracy, completeness and compliance with regard to regulations, policies and procedures.

If the system identifies an irregularity, this will first be brought to the attention of section supervisors. Depending on the irregularity identified, the case may be brought to the attention of the ATIP Coordinator and/or Director.

3.7 Information holdings

Info Source is a series of bulletins containing information about and collected by the Government of Canada. The primary purpose of Info Source is to assist individuals in exercising their rights under the Act. Info Source also supports the federal government’s commitment to facilitate access to information regarding its activities.

A description of LAC’s functions, programs, activities and related information holdings can be found in Sources of Federal Government and Employee Information 2016. (Note that an updated version of this document is forthcoming in 2017.)

To improve service delivery and reduce the technical burdens for the requesters who chose to submit their request online, the Public Services Branch at LAC has updated its program-related information available online, including Info Source. All Info Source publications are available online free of charge.

Additional copies of this report are available upon request:

Access to Information and Privacy Coordinator
Library and Archives Canada
395 Wellington Street
Ottawa ON  K1A 0N4

Appendices

Appendix A: Delegation Order - Privacy Act

Pursuant to section 73 of the Access to Information Act and the Privacy Act, I, as head of Library and Archives Canada, hereby designate the persons holding the positions set out in the schedule hereto, or persons occupying on an acting basis those positions, to exercise my powers and functions under these Acts specified opposite each position.

This delegation order supersedes all previous Access to Information Act and Privacy Act delegation orders.

Original signed by
The Honourable Mélanie Joly
Minister of Canadian Heritage
Date 2016-05-26

Schedule A - Sections of the Access to Information Act to be delegated

Section of the Access to Information Act Powers, Duties or Functions Position
4(2.1) Responsibility of government institutions

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

7(a) Notice when access requested

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

7(b) Giving access to record

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

8(1) Transfer of request to another government institution

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

9 Extension of time limits

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

11(2), (3), (4), (5), (6) Additional fees

Librarian and Archivist of Canada
Director General, Services
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

12(2)(b) Language of access

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

12(3)(b) Access in an alternative format

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

13 Exemption - Information obtained in confidence

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

14 Exemption - Federal-provincial affairs

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

15 Exemption - International affairs and defence

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

16 Exemption - Law enforcement and investigations

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

16.5 Exemption - Public Servants Disclosure Protection Act

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

17 Exemption - Safety of individuals

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

18 Exemption - Economic interests of Canada

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

18.1 Exemption - Economic interests of Canada Post, Export Development Canada, the Public Sector Pension Investment Board and VIA Rail Canada Inc.

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

19 Exemption - Personal information

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

20 Exemption - Third-party information

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

21 Exemption - Operations of government

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

22 Exemption - Testing procedures, tests and audits

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

22.1 Exemption - Audit working papers and draft audit reports

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

23 Exemption - Solicitor-client privilege

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

24 Exemption - Statutory prohibitions

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

25 Severability

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

26 Exception - Information to be published

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

27(1), (4) Third-party notification

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

28(1)(b), (2), (4) Third-party notification

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

29(1) Where the Information Commissioner recommends disclosure

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

33 Advising Information Commissioner of third-party involvement

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

35(2)(b) Right to make representations

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

37(4) Access to be given to complainant

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

43(1) Notice to third party (application to Federal Court for review)

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

44(2) Notice to applicant (application to Federal Court by third party)

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

52(2)(b), (3) Special rules for hearings

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

71(1) Facilities for inspection of manuals

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

72 Annual report to Parliament

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

Section of the Access to Information Regulations Powers, Duties or Functions Position
6(1) Transfer of request

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

7(2) Search and preparation fees

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

7(3) Production and programming fees

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

8 Providing access to record(s)

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

8.1 Limitations in respect of format

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

Schedule B - Sections of the Privacy Act to Be Delegated
Section of the Privacy Act Powers, Duties or Functions Position
8(2)(j)

Disclosure for research purposes

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

8(2)(m)

Disclosure in the public interest or in the interest of the individual

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

8(4)

Copies of requests under 8(2)(e) to be retained

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

8(5)

Notice of disclosure under 8(2)(m)

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

9(1)

Record of disclosures to be retained

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

9(4)

Consistent uses

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

10

Personal information to be included in personal information banks

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

14

Notice where access requested

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

15

Extension of time limits

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

17(2)(b)

Language of access

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

17(3)(b)

Access to personal information in alternative format

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

18(2)

Exemption (exempt bank) – disclosure may be refused

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

19(1)

Exemption – Personal information obtained in confidence

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

19(2)

Exemption – Where authorized to disclose

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

20

Exemption – Federal-provincial affairs

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

21

Exemption – International affairs and defence

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

22

Exemption – Law enforcement and investigation

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

22.3

Exemption – Public Servants Disclosure Protection Act

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

23

Exemption – Security clearances

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

24

Exemption – Individuals sentenced for an offence

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

25

Exemption – Safety of individuals

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

26

Exemption – Information about another individual

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

27

Exemption – Solicitor-client privilege

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

28

Exemption – Medical record

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

31

Notice of intention to investigate

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

33(2)

Right to make representation

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

35(1)

Findings and recommendations of Privacy Commissioner (complaints)

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

35(4)

Access to be given

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

36(3)

Report of findings and recommendations (exempt banks)

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

37(3)

Report of findings and recommendations (compliance review)

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

51(2)(b)

Special rules for hearings

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

51(3)

Ex parte representations

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

72(1)

Report to Parliament

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP
Senior Analyst, ATIP
Personnel Records Analyst, ATIP

Section of the Privacy Regulations Powers, Duties or Functions Position

9

Reasonable facilities and time provided to examine personal information

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

11(2)

Notification that correction to personal information has been made

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

11(4)

Notification that correction to personal information has been refused

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

13(1)

Disclosure of personal information relating to physical or mental health may be made to a qualified medical practitioner or psychologist for an opinion on whether to release information to the requester

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

14

Disclosure of personal information relating to physical or mental health may be made to a requester in the presence of a qualified medical practitioner or psychologist

Librarian and Archivist of Canada
Director General, Services
Director, Regional Services and ATIP
Manager, ATIP

Appendix B: Statistical Report on the Privacy Act

Name of institution: Library and Archives Canada
Reporting period: 2016-04-01 to 2017-03-31

Part 1: Requests Under the Privacy Act

Number of Requests
Received during reporting period 373
Outstanding from previous reporting period 20
Total 393
Closed during reporting period 378
Carried over to next reporting period 15

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 132 25 1 0 0 0 0 158
Disclosed in part 83 81 1 0 0 0 1 166
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 28 3 0 0 0 0 0 31
Request abandoned 17 6 0 0 0 0 0 23
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 260 115 2 0 0 0 1 378
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
26 164
27 1
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 144 14 0
Disclosed in part 94 72 0
Total 238 86 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 7,182 6,989 158
Disclosed in part 68,384 65,593 166
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 23
Neither confirmed nor denied 0 0 0
Total 75,566 72,582 347
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 146 3,504 10 1,726 2 1,759 0 0 0 0
Disclosed in part 51 2,186 71 17,272 29 19,843 14 21,206 1 5,086
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 23 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 217 5,690 81 18,998 31 21,602 14 21,206 1 5,086
2.5.3 Other complexities
Disposition Consultation Required Legal Advice Sought Interwoven Information Other Total
All disclosed 0 0 0 111 111
Disclosed in part 0 0 0 62 62
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request abandoned 0 0 0 5 5
Neither confirmed nor denied 0 0 0 0 0
Total 0 0 0 178 178
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
2 0 1 0 1
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 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 1 0 1
Total 2 0 2
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) Subsection 8(5) Total
19 1 0 20

Part 4: Requests for Correction of Personal Information and Notations

Disposition for Correction Requests Received Number
Notations attached 0
Requests for correction accepted 0
Total 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 1 0 1 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 1 0 1 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 1 0 1 0
Total 1 0 1 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 2 1889 0 0
Outstanding from the previous reporting period 1 106 0 0
Total 3 1995 0 0
Closed during the reporting period 3 1995 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 1 0 0 0 0 0 0 1
Disclosed in part 0 2 0 0 0 0 0 2
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 1 2 0 0 0 0 0 3
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 Numberof Requests Pages Disclosed Numberof Requests Pages Disclosed Numberof Requests Pages Disclosed Numberof 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
1 0 0 0 1

Part 9: Privacy Impact Assessments (PIAs)

Number of PIA(s)completed 0

Part 10: Resources Related to the Privacy Act

10.1 Costs
Expenditures Amount
Salaries $1,078,850.57
Overtime $0
Goods and Services $90,246.34
Professional services contracts $15,342.38
Other $74,903.96
Total $1,169,096.91
10.2 Human Resources
Resources Person Years Dedicated to Privacy Activities
Full-time employees 16.26
Part-time and casual employees 0.72
Regional staff 0.00
Consultants and agency personnel 0.06
Students 0.06
Total 16.90

Note:Enter values to two decimal places.

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