2021 to 2022 Annual Report on the Access to Information Act and the Privacy Act

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ISSN 2562-623X

Introduction

Public Services and Procurement Canada is pleased to present to parliament its annual report on the administration of the Access to Information Act and the Privacy Act . This integrated report describes the activities that support compliance with both acts for the fiscal year commencing April 1, 2021, and ending March 31, 2022.

Section 94 of the Access to Information Act, section 72 of the Privacy Act and section 20 of the Service Fees Act require that the head of every federal government institution submit an annual report to parliament on the administration of the Access to Information Act and the Privacy Act during the fiscal year.

In the spirit of efficiency, ease of access and continuous improvement, PSPC is responding to this obligation by submitting an integrated annual report.

Purpose of the acts

Access to Information Act

The purpose of the Access to Information Act is to enhance the accountability and transparency of federal institutions in order to promote an open and democratic society and to enable public debate on the conduct of those institutions. In furtherance of that purpose, part 1 extends 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; and part 2 sets out requirements for the proactive publication of information.

Privacy Act

The purpose of the Privacy Act is to extend the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a government institution and that provide individuals with a right of access to that information. The Privacy Act protects an individual’s privacy by preventing others from having unlawful access to personal information. It also grants an individual specific rights regarding the collection, use and disclosure of this information.

About Public Services and Procurement Canada

Public Services and Procurement Canada, formerly Public Works and Government Services Canada, derives its mandate from the Department of Public Works and Government Services Act of 1996, which established the department as a common service provider. As such, the department plays an important role in the daily operations of the Government of Canada as a key provider of services for federal departments and agencies. The department supports them in the achievement of their mandated objectives in 5 service categories:

• buying and selling
• pay, pension and benefits
• property and buildings
• security, corporate and information services
• Translation Bureau

PSPC provides services across Canada through its headquarters in the National Capital Region, 5 regional offices, as well as offices in Europe (Geilenkirchen, Germany) and the United States (Washington, DC).

Delegation of authority

Pursuant to section 95(1) of the Access to Information Act and section 73(1) of the Privacy Act, the Minister of Public Services and Procurement has delegated the power, duties and functions of the administration of the acts to the access to information and privacy (ATIP) senior director and managers (with the exception of paragraph 8(2)(m) of the Privacy Act). Certain administrative functions are also delegated to ATIP managers, team leaders and senior analysts to accelerate the processing of requests.^{Footnote 1}

Organizational structure

The ATIP Directorate is responsible for the administration of the Access to Information Act and the Privacy Act within PSPC. The ATIP senior director acts as the department’s ATIP coordinator. The directorate is overseen by the director general of the Corporate Secretariat and Accessibility Sector, who is also the department’s chief privacy officer.

In the 2021 to 2022 fiscal year, 51.826 full-time equivalent (FTE) employees and 1.48 FTEs casual employees administered the acts with the support of 8.444 consultants, for a total complement of 61.75 FTEs.

Access to Information and Privacy reporting structure at Public Services and Procurement Canada

The Access to Information Act and the Privacy Act allow for the provision of services by a government institution to another government institution that is presided over by the same minister. In fiscal year 2021 to 2022, PSPC had a service agreement for the provision of corporate services to the Office of the Procurement Ombudsman (OPO) which included access to information and privacy services under section 96 of the Access to Information Act and section 73.1 of the Privacy Act. The ATIP Directorate was responsible to address potential concerns regarding OPO’s independence and perception of conflict of interest, including file segregation and limited access to OPO files, and OPO was responsible to review and confirm the application of exemptions and exceptions on release packages and provide informal final approval prior to public release.

Performance for 2021 to 2022

Requests received

Access to information requests received and completed

The department received a total of 563 requests pursuant to the Access to Information Act in the 2021 to 2022 reporting period, which represents a decrease of 29.6% compared to the number of requests received during the previous reporting period. The decrease nonetheless coincides with the significant increase of informal requests received by the department, in addition to PSPC’s 507 active requests that were outstanding from the previous reporting period. Details regarding the requests’ backlog can be found in the impact of COVID-19 section in this report. The compliance rate was 42.77% due to the fact that PSPC’s ATIP operations experienced employee turnover and had to dedicate time and energy on recruitment initiatives. The majority of the access to information requests received by the department during 2021 to 2022 were related to contracts, COVID-19 vaccines and briefing notes on various topics.

Privacy requests received and completed

The department received a total of 369 requests pursuant to the Privacy Act in the 2021 to 2022 reporting period, which represents an increase of 4.5% from the previous year. The overall compliance rate for privacy requests was 92.62% for the reporting period, a significant increase from the 70% compliance rate from the previous reporting period. Privacy requests were mainly related to pension and pay files, COVID-19 vaccines as well as security records.

Pages reviewed

In 2021 to 2022, PSPC reviewed 117,614 pages for requests received under the Access to Information Act and reviewed 130,151 pages for requests received under the Privacy Act.

Outstanding requests

Access to information active requests

At the end of the 2021 to 2022 reporting period, PSPC had a total of 551 active requests pursuant to the Access to Information Act that were outstanding from previous reporting periods. The majority of these access to information active requests (77.86%) were received in the last 2 fiscal years.

Privacy active requests

At the end of the 2021 to 2022 reporting period, PSPC had a total of 55 active requests pursuant to the Privacy Act that were outstanding from previous reporting periods. The majority of these privacy active requests (89.1%) were received last fiscal year.

Sources of requests under the Access to Information Act

During the 2021 to 2022 reporting period, PSPC received the majority (84.54%) of its requests under the Access to Information Act from 3 sources:

• members of the public (26.64%)
• the private sector businesses (24.51%)
• declined to identify (33.39%)

As with the previous fiscal year, the decline to identify source continues to be the main category received at PSPC.

Sources of requests

Informal requests under the Access to Information Act

PSPC publishes summaries of completed access to information requests pertaining to records that do not contain personal or third-party information on the open government portal. Members of the public can then submit informal requests for a copy of previously released information without having to pay the application fee.

In fiscal year 2021 to 2022, PSPC processed 582 informal requests, which represents a significant increase of 195% from the 197 informal requests processed during the 2020 to 2021 reporting period. To further breakdown these informal requests, PSPC processed 539 informal requests pertaining to a formal access to information request and 43 informal requests that were not related to a formal access to information request.

Exemptions

Access to Information Act

Of the 519 access to information requests that were closed in 2021 to 2022, the department invoked exemptions allowed under the Access to Information Act on 240 requests (46%), and all information was disclosed in 88 requests (17%). The remaining 191 (37%) were either abandoned, transferred, neither confirmed or denied or no records existed.

The majority of exemptions invoked by PSPC fell under 3 sections of the Access to Information Act:

• subsection 19(1), which protects personal information, was used in 162 files (31%)
• paragraph 20(1)(b), which protects confidential financial, commercial, scientific or technical information belonging to a third party, was used in 157 files (30%)
• paragraph 20(1)(c), which protects information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, a third party, was used in 141 files (27%)

Of note, more than one exemption can be applied to a specific request.

Privacy Act

The department invoked exemptions allowed in the Privacy Act on 122 requests (33%), and all information was disclosed in 149 requests (41%). The remaining 95 requests (26%) were either abandoned or no records existed.

The majority of exemptions invoked by PSPC fell under 3 sections of the Privacy Act:

• section 26, which protects personal information, was used in 113 files (31%)
• paragraph 22(1)(b), which addresses law enforcement and criminal investigations, was used in 5 files (1%)
• section 27, which protects solicitor-client privilege information, was used in 4 files (1%)

Of note, more than one exemption can be applied to a specific request.

Exclusions

The Access to Information Act and the Privacy Act do not apply to or exclude certain types of information, specifically records that are already available to the public (section 68 of the Access to Information Act) and confidence of the Queen’s Privy Council for Canada (section 69 of the Access to Information Act and section 70 of the Privacy Act).

Overall in the 2021 to 2022 reporting period, PSPC applied exclusions to records requested under the Access to Information Act on 2 occasions pursuant to section 68, and cited section 69 in 39 exclusions.

No exclusions were applied under the Privacy Act during the reporting period.

Disclosure of personal information under subsection 8(2)

In accordance with subsection 8(2) of the Privacy Act, under certain circumstances, a government institution may disclose personal information under its control without the consent of the individual to whom the information relates.

Fourteen disclosures of personal information were made during the reporting period under the Privacy Act pursuant to paragraph 8(2)(e), releasing the information to investigative bodies regarding 16 individuals. There were 2 disclosures made under paragraph 8(2)(m) of the Privacy Act during fiscal year 2021 to 2022, releasing the information of 2 individuals, one for the public interest and the other for the benefit of the individual. The Office of the Privacy Commissioner (OPC) was notified after the disclosures.

Consultations

PSPC responded to 249 consultations from other government institutions and organizations for records relating to the department’s activities, which represents an increase of 38.33% compared to the previous reporting period. These consultations totaled 24,548 pages, with 244 files (24,515 pages) relating to the Access to Information Act and 5 files (33 pages) relating to the Privacy Act. All privacy consultation files were responded to within 30 days. A total of 79% of access to information consultation files were responded to within 60 days.

Extensions

Section 9 of the Access to Information Act permits the statutory time limits to be extended if consultations are necessary or if the request is for a larger volume of records, and if processing it within the original time limit would unreasonably interfere with the operations of the department.

PSPC invoked a total of 172 extensions during the 2021 to 2022 reporting period. Extensions were required in 57 instances to allow consultations with other government institutions and in 81 instances third-party consultations were necessary. In addition, extensions were required in 34 instances where the request necessitated a search through a large volume of records and would have interfered with operations.

Section 15 of the Privacy Act permits the statutory time limits to be extended if consultations are necessary, if translation is required, or if the request is for a large volume of records and processing it within the original time limits would unreasonably interfere with the operations of the department.

PSPC invoked 65 extensions during the 2021 to 2022 reporting period. Of these, 54 were deemed necessary to allow the department to search for or through a large volume of records or to respond to the influx of records, which interfered with operations. A further 11 files required extensions to allow for consultations prior to responding. The department did not invoke any extensions for further review to determine exemptions and for the purpose of translation.

Completion times

Access to information requests

Privacy requests

PSPC’s overall compliance rate for the 2021 to 2022 reporting period was 42.77% for requests under the Access to Information Act and 92.62% for requests under the Privacy Act. These compliance rates represent all files that were completed either within the initial 30 days or within an extension period for reasons of volume or consultations.

The percentage of requests under the Access to Information Act completed within the initial 30 days was just under 30% (29.87%). Given the nature of PSPC’s mandate as a service provider to other federal organizations, the department is often required to perform consultations in order to seek input from other institutions and complete all required actions on a file. Therefore, a large number of PSPC’s access to information files require extensions beyond the 30-day legislative period.

The percentage of requests under the Privacy Act completed within the initial 30 days was 80.05%, which represents an increase of 20.74% from fiscal year 2020 to 2021.

Fees

The Service Fees Act requires a responsible authority to report annually to parliament on the fees collected by the institution. With respect to fees collected under the Access to Information Act, the information below is reported in accordance with the requirements of section 20 of the Service Fees Act.

The Access to Information Act requires a fee payable: the $5 application fee is the only fee charged for an access to information request. Based on requests received during 2021 to 2022, PSPC collected $2,495 in application fees. In accordance with the Interim Directive on the Administration of the Access to Information Act, issued on May 5, 2016, and the changes to the Access to Information Act that came into force on June 21, 2019, PSPC waives all fees prescribed by the act and regulations, other than the $5 application fee set out in paragraph 7(1)(a) of the regulations. PSPC also waived or refunded a total of $320 in application fees. The total operating cost of the ATIP program at PSPC for fiscal year 2021 to 2022 was $5,788,416.

Disposition

Approximately 76% of all requests completed pursuant to the Access to Information Act during the 2021 to 2022 reporting period were either disclosed in part (55.61%) or fully disclosed (21%). Additionally, 21.48% of requests were abandoned.

Access to information request disposition

Approximately 82% of all requests completed pursuant to the Privacy Act during the 2021 to 2022 reporting period were either disclosed in part (36.97%) or fully disclosed (45.15%). Additionally, 17.88% of requests were abandoned.

Privacy request disposition

Impact of COVID-19

The COVID-19 pandemic continued to have an impact on the department due to the backlog of access to information requests accumulated from previous fiscal years. The backlog is a result of the PSPC ATIP Directorate’s limited ability to process requests under the Access to Information Act and the Privacy Act, in addition to offices of primary interest limited ability to respond to ATIP tasking and provide required documents.

The combination of the backlog, the significant workload and the limited resources due to staff turnover resulted in challenges in the processing of ATIP requests during the 2021 to 2022 reporting period. Despite these challenges, PSPC continued to process ATIP requests throughout the pandemic, remaining fully operational except for a period of 5 weeks for the processing of Secret files. Employees from the ATIP Directorate voluntarily accessed the office, while respecting health and safety protocols, to process Secret classified records and ensure timely responses in a secure environment.

In addition, the ATIP Directorate found ways to train and integrate new employees virtually, enabling the directorate to continue to function in a remote environment and to continue delivering services.

The statistical report on the capacity to receive and process requests during the pandemic is attached as Annex D: Supplemental statistical report on the Access to Information Act and Privacy Act.

Complaints and audits

Access to Information Act

During the 2021 to 2022 reporting period, PSPC was notified of 98 complaints received by the Office of the Information Commissioner of Canada. Most of these complaints were related to delays, application of exemptions and exclusions or failure to make every reasonable effort to assist the requester.

The ATIP Directorate processed and closed 43 complaint investigations. Of these, 14 were deemed well-founded, 10 were deemed not well-founded and 6 were discontinued, while 13 were settled or resolved at the satisfaction of the requester.

No audits were undertaken under the Access to Information Act during the reporting period. PSPC has worked collaboratively with the Office of the Information Commissioner of Canada by holding regular meetings to ensure prompt resolution of issues.

Privacy Act

During the 2021 to 2022 reporting period, the department was notified of 24 complaints received by the Office of the Privacy Commissioner of Canada. Most of these complaints were related to delays and use or disclosure of personal information.

The ATIP Directorate processed and closed 11 complaint investigations. Of these, 2 were deemed well-founded, 1 was deemed not well-founded and 2 were discontinued, while 6 were settled or resolved to the satisfaction of the requester.

No audits were undertaken under the Privacy Act during the reporting period.

Outstanding complaints

Access to information and privacy active complaints

At the end of the 2021 to 2022 reporting period, PSPC had a total of 147 active complaints with the Information Commissioner of Canada and 51 active complaints with the Privacy Commissioner of Canada that were outstanding from previous reporting periods. The majority of these outstanding complaints (57.1%) were received during the last fiscal year.

Monitoring compliance

The ATIP Directorate provides a weekly “snapshot” report to senior executives that contains statistics on the number of requests received and being processed under both acts.

During the 2021 to 2022 reporting period, the ATIP Directorate produced weekly summary reports of upcoming requests soon to be disclosed under the Access to Information Act and new access to information requests received. These reports are intended to further support monitoring and increasing compliance within the department.

Appeal to the Federal Court of Canada

One new application was filed with the Federal Court of Canada against PSPC pursuant to section 44 of the Access to Information Act during the 2021 to 2022 fiscal year.

Privacy impact assessments

In the course of fulfilling its mandate as a service provider, PSPC collects, retains, uses and discloses personal information. The ATIP Directorate’s Privacy Management Division provides advice and guidance to PSPC officials throughout the privacy impact assessment process for programs and activities, in accordance with the Treasury Board Interim Directive on Privacy Impact Assessment.

During the 2021 to 2022 fiscal year, PSPC modified 1 privacy impact assessment.

Electronic procurement solution

As part of its commitment to modernize procurement, PSPC’s electronic procurement solution provides modern and innovative e-tools and applications for all facets of the procurement process, including e-sourcing, contract lifecycle management, spend analysis, supplier relationship management and e-purchasing through catalogues. It also provides 1 portal for all acquisitions needs, facilitates suppliers’ interactions with the Government of Canada.

The privacy impact assessment (PIA) was amended to allow the inclusion and collection of personal information related to the diversity characteristics, to increase the diversity of bidders participating in federal procurement, which required the amendment. The information to be collected includes supplier diversity characteristics, and information related to small businesses and businesses led by Indigenous peoples, Black and racialized Canadians, women, lesbian, gay, bisexual, transgender, queer, 2-spirit and others (LGBTQ2+).

Summaries of all completed privacy impact assessments are posted on PSPC’s website.

Material privacy breaches

A privacy breach is deemed "material" if it involves sensitive personal information and/or could reasonably be expected to cause serious injury or harm to the individual, or involves a larger number of affected individuals. During the 2021 to 2022 fiscal year, PSPC reported 1 material privacy breach to the Office of the Privacy Commissioner of Canada and to the Treasury Board of Canada Secretariat (TBS). It was appropriately managed in accordance with TBS guidelines for privacy breaches. This material privacy breach occurred when one individual's pay file was lost while being transported by a courier service.

To guide the department's responses regarding privacy breaches, PSPC makes use of a privacy breach protocol. First established in 2015 and updated in 2021, the protocol includes communications with affected individuals and implementation of mitigation measures.

Initiatives

Transparency

PSPC’s approach towards transparency and openness agenda seeks to prioritize departmental efforts to go beyond proactive publication and make PSPC information of public interest available to Canadians. The ATIP Directorate as the department coordinator of the agenda successfully advanced the quarterly usage reports (QURs) transparency initiative.

QURs are:

• published on the open government portal and on Public Services and Procurement Canada transparency webpages
• provided to the department by suppliers on a quarterly basis

The reports compile and maintain records on the provision of services to the federal government under contracts resulting from standing offers and/or supply arrangements.

Privacy management

The work on the new Directive on Privacy Management continued during the fiscal year 2021 to 2022. Final rounds of internal consultations were completed to ensure policy considerations from various departmental perspectives were integrated in the directive. The new Directive on Privacy Management is expected to be launched in fiscal year 2022 to 2023, along with a communication and outreach plan that will ensure the new directive is implemented across the department.

Policies, guidelines and procedures

Proactive publication

Bill C-58, an act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other acts, received royal assent and came into force on June 21, 2019. Bill C-58 amended the Access to Information Act to include part 2, adding a requirement for mandatory proactive publication of specific records produced by government institutions.

As the department’s coordinator for the implementation of Bill C-58, PSPC’s ATIP Directorate further strengthened collaboration with branches and regions while monitoring and refining implementation plans in support of continuous process improvement related to the proactive publication during fiscal year 2021 to 2022.

PSPC produced the following proactive publications during the 2021 to 2022 fiscal year:

• 11 packages of briefing materials prepared by a government institution for the minister and/or deputy minister's appearance before a committee of parliament pursuant to subsections 74(d) and 88(c)
• 2 packages of question period notes prepared by a government institution for the minister and that were in use on the last sitting days of the House of Commons in June and December of 2021 pursuant to subsection 74(c)
• 4 quarterly reports of contracts over $10,000 pursuant to sections 77 and 86
• 1 quarterly report of position reclassifications pursuant to section 85
• 1 report tabled in parliament pursuant to section 84
• 12 monthly lists of memoranda prepared by a government institution for the minister or deputy minister in the previous month pursuant to subsections 74(b) and 88(b)
• 8 monthly reports of travel expenses incurred by the minister, ministerial advisers and staff, senior officers or employees pursuant to sections 75 and 82

Training and awareness

Through the delivery of training and various activities, PSPC continues to strengthen an institution-wide awareness with the Access to Information Act and the Privacy Act and the obligations that arise from these acts.

During the 2021 to 2022 reporting period, the ATIP Directorate maintained the delivery of training in a virtual format, and continued offering fundamentals training while respecting public health measures and guidelines. This delivery format gave the ATIP Directorate the ability to reach more participants throughout the country and allowed the promotion of ATIP trainings and tools on a larger scale within the department.

PSPC delivered the following training sessions:

• 47 virtual training sessions on the “Access to Information and Privacy Fundamentals” course to 542 PSPC employees
  • 12 of these sessions were given to 172 employees from the Procurement Branch
• 48 virtual training sessions on the “Privacy Breach Awareness” course to 1,697 participants
  • 43 of these sessions were given to 1,390 employees from the Pay Centre

In addition to the training sessions delivered, the ATIP Directorate participated in 2 virtual kiosks presented to new PSPC employees, in collaboration with PSPC’s Human Resources Onboarding and Orientation Team.

The outreach activities undertaken during the reporting period, combined with effective communications with various teams within the department, resulted in a number of directorates making the ATIP training sessions mandatory for their new employees.

Data Privacy Day

Data Privacy Day is an international effort, held annually on January 28, to create awareness about the importance of respecting privacy, safeguarding personal data and enabling trust. It commemorates the signing of the first legally binding international treaty dealing with privacy and data protection in 1981.

PSPC marked Data Privacy Day 2022 by posting information on its intranet site highlighting the importance of protecting online personal information, and inviting employees to learn easy tips to help protect their privacy and to become cyber secure.

Right to Know Week

International Right to Know Day originated at an international meeting of access to information advocates in 2002. Now celebrated annually on September 28, by approximately 40 countries and 60 non-governmental organizations, it has been expanded into a week-long event in Canada with the purpose of raising awareness about the right of individuals to access government information while promoting freedom of information as essential to both democracy and good governance. Openness and transparency empower citizens to hold their governments accountable and strengthen trust in democratic institutions.

The Right to Know Week took place from September 27 to October 3, 2021. The ATIP Directorate marked the week by participating at 2 virtual kiosks organized by the PSPC’s Human Resources Onboarding and Orientation Team for new PSPC employees. Through these events, the ATIP Directorate informed participants of their obligations under the Access to Information Act and the department’s efforts to make the government more accessible to everyone, and demonstrated some tools available for employees to use when they must retrieve records for a request. Contact information was also provided to participants to learn more about access to information, privacy and proactive publications.

Annex A: Delegation of authorities charts for the Access to Information Act and the Privacy Act

Annex B: Statistical report on the Access to Information Act

Name of institution: Public Services and Procurement Canada.

Reporting period: April 1, 2021, to March 31, 2022.

Section 1: Requests under the Access to Information Act

Section 2: Informal requests

Section 3: Applications to the information commissioner on declining to act on requests

Section 4: Requests closed during the reporting period

4.5 Complexity

4.6 Closed requests

4.7 Deemed refusals

Section 5: Extensions

Section 6: Fees

Section 7: Consultations received from other institutions and organizations

Section 8: Completion time of consultations on Cabinet confidences

Section 9: Investigations and reports of finding

Section 10: Court action

Section 11: Resources related to the Access to Information Act

Annex C: Statistical report on the Privacy Act

Name of institution: Public Services and Procurement Canada.

Reporting period: April 1, 2021, to March 31, 2022.

Section 1: Requests under the Privacy Act

Section 2: Informal requests

Section 3: Requests closed during the reporting period

3.5 Complexity

3.6 Closed requests

3.7 Deemed refusals

Section 4: Disclosures under subsections 8(2) and 8(5)

Section 5: Requests for correction of personal information and notations

Section 6: Extensions

Section 7: Consultations received from other institutions and organizations

Section 8: Completion time of consultations on Cabinet confidences

Section 9: Complaints and investigations notices received

Section 10: Privacy impact assessments and personal information banks

Section 11: Privacy breaches

11.2 Non-material privacy breaches

Number of non-material privacy breaches: 175

Section 12: Resources related to the Privacy Act

Annex D: Supplemental statistical report on the Access to Information Act and the Privacy Act

Name of institution: Public Services and Procurement Canada.

Reporting period: April 1, 2021, to March 31, 2022.

Section 1: Capacity to receive requests under the Access to Information Act and the Privacy Act

Section 2: Capacity to process records under the Access to Information Act and the Privacy Act

Section 3: Open requests and complaints under the Access to Information Act

Section 4: Open requests and complaints under the Privacy Act

Section 5: Social insurance number