Access to Information and Privacy Awareness

1. Access to Information and Privacy Awareness

2. Media Perception

3. Media Perception

4. Employee Perception

5. Public Perception

6. 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

7. 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 Director’s responsibilities • TBS policy instruments

8. Access to Information Act

9. 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.”

10. “… information in records…” Section 3 defines a record as: “any documentary material, regardless of medium or form”

11. 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

12. 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.

13. Right of Access • Canadian citizens • Permanent residents (IAW Immigration and Refugee Act) • Any person present in Canada • Corporations present in Canada

14. 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.)

15. 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)

16. 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.

17. 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

18. 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.

19. 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

20. 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)

21. 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

22. Limited and Specific Exceptionsto theRight of Access

23. 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

24. 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

25. 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)

26. 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

27. 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?

28. ATIA Exemptions

29. Privacy Act

30. 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.”

31. 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

32. Personal Information (cont’d) • 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.

33. 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)

34. NOT Personal Information (cont’d) • 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

35. 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

36. 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

37. 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

38. 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.

39. 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

40. Privacy Request Process • DAIP Privacy Tasking Team • Office of Primary Interest (OPI) • DAIP Privacy Operations Team

41. Limited and Specific Exceptionsto theRight of Access

42. 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

43. 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

44. Nature of Exemptions Recap… • Mandatory exemptions • Discretionary exemptions • Subject to class test • Subject to injury test

45. Privacy Act Exemptions

46. 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.

47. Personal Information Management

48. Privacy Protection Provisions Sections 4-8 • Collection • Accuracy • Use • Disclosure • Retention and Disposal

49. 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.

50. 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.