Access to Information and Privacy Feb 2011

8/2/2019 Access to Information and Privacy Feb 2011

1/25

Social Sciences and Humanities

Research Council of CanadaConseil de recherches ensciences humaines du Canada

Access to Information and Privacy

An overview


2/25

12/7/2011 2

By the end of this presentation

Access to Information Act (ATIA) Purposes of the Act

Definition of a record

Our responsibilities with respect to the ATIA How a request is processed and your role

Privacy Act (PA)

Definition of personal information

Our basic responsibilities with respect to the PA


3/25

12/7/2011 3

Access to Information Act (ATIA)

Gives the public the right to have access torecords held or controlled by the government

with certain limited exceptions

Right of independent review by the Information

Commissioner and the Federal Court


4/25

12/7/2011 4

What is a record? What is controlled

Record is just about anything

Examples: scribbles in little black books, stickynotes, documents residing on our server and in

backup tapes, old databases

Controlled

associated with physical possession. We can control

something, even if we didnt produce it.


5/25

12/7/2011 5

Two types of requests -- Formal and Informal

InformalSSHRC staff provide simple information (e.g. published

material) to the public on request

Formal Individual sends a written request to the Access to

Information Coordinator

Enclose a $5 fee and refer to the Access to

Information Act


6/25

12/7/2011 6

After a formal request is received

- Request should be routed to the ATIP Coordinator

- ATIP Coordinator- Reviews the validity of the request- Contacts Division Directors and asks them arrange for a

search for the information

- Reviews the information- Consults third parties when required (e.g. applicants,

companies placing bids on an RFP)- Severs any text subject to an exemption- Releases the information

Time Limit Requests must be processed within 30 days, except for

Consultations High numbers of recoreds


7/25

12/7/2011 7

Examples of requests received

Copies of funded proposals

Amount spent on contracted services

All e-mails, notes and memoranda pertaining to aparticular subject

Minutes of meetings


8/25

12/7/2011 8

Exemption

An exemption is text withheld from disclosure in accordancewith a particular section of the Act

The most common exemption invoked at SSHRC is: Personal information of private individuals (mainly

applicants)

Less common exemptions invoked at SSHRC: Sensitive technical or commercial information supplied by

third parties (this is more common at NSERC) Solicitor-client privilege

Principle of severability It is rare to exempt entire documents from disclosure Only the specific words and phrases that meet specific

criteria are exempted from discosure


9/25

12/7/2011 9

Common Myths about Access to Information

- There is an exemption for potentially embarrassinginformation- Harm to the organization or to the President is not an

acceptable basis for withholding information

- We can refuse requests that seem unreasonable,vexatious, or onerous- Not true, unfortunately

- Classifying documents as secret or confidential willprotect all of the information contained in them.- Secret and Protected are terms used in TBS

information policies to provide guidance in storing andsecuring information appropriately.

- The Act does not use these terms and uses different

criteria for determining what text to disclose


10/25

12/7/2011 10

Staff responsibilities

If the ATIP Coordinator (or supervisor) contacts youabout a request

Review the wording of the request carefully

Do a thorough search for the requested records Let us know if other divisions might have relevant

records

Let us know if the number of records is high orthe search time will be long.

Provide us a copy of all the records you find

Inform us of potential sensitivities


11/25

12/7/2011 11

Do not destroy

If you are informed that an ATIP request is inprocess, do not destroy, conceal or falsify anyrelevant records.

This applies to all records, both corporate andtransitory

Sanction is a fine, imprisonment or both


12/25

12/7/2011 12

Impact of the Act on our work

Always remember that the public has the right to requestalmost any record on our premises This includes e-mails

Exercise discretion in written communications. Stick to the facts

Globe and Mail test

Manage information appropriately to facilitate the search

for records in the event of a request Retain corporate records

Dispose of transitory information in a timely fashion

File information appropriately


13/25

12/7/2011 13

IM tips: Corporate vs. transitory records

Corporate Records- Provide evidence of the Councils activities- Reflect the position of the Councils- Initiate, authorize or complete a business activity/transaction- Document a decision or action- Control, support or document program delivery.

Transitory Records- Required only for a limited time- Required to complete a routine action- Required for the preparation of a subsequent record- Versions that were not communicated beyond the creator of the

document

The IM division now has an online course on IM for employees. To getaccess to this course, send an e-mail to HR Learning


14/25

12/7/2011 14

If the public requests information from you

If you are certain that the material is already in thepublic domain, or is something that has beenroutinely disclosed in the past, then provide it

to the requestor.

If you are not certain, contact the ATIP

Coordinator.


15/25

12/7/2011 15

Before proceeding to the Privacy Act

Questions?


16/25

12/7/2011 16

Privacy Act

Defines personal information

Provides public with the right of access to their

personal information held or controlled byGovernment

Sets out requirements with respect to the

collection, retention, use, disclosure and disposalof personal information


17/25

12/7/2011 17

Definition of personal information

Check the Act for the full definition.

Personal information is

about an identifiableindividual

not about corporations or associations


18/25

12/7/2011 18

Definition of personal information (cont.)

race, age or marital status

education and employment history (including CVs),medical and criminal history, financial transactions

personal address

correspondence sent with an expectation ofconfidentiality includes unadjudicated or unsuccessful grant proposals

opinions Opinions expressed by and about individuals

A complex section of the definition Opinions about an individual concerning an award or

prize to be given by the government For this type of opinion, the Act allows the identity of the

opinion-provider to be withheld from disclosure


19/25

12/7/2011 19

What is an identifiable individual?

Recall that personal information applies only toidentifiable individuals.

Individuals can be identified by:

- Name- ID number

- Deduction (e.g. Canada Research Chairs from MountSaint Vincent University, or people from the Winnipeg

office that have used EAP services)

When disclosing statistics, be careful not to inadvertentlydisclose info about identifiable individuals.


20/25

12/7/2011 20

Exception to the definition of personal information

Work-related information about public servants,including:

the fact that we are employees of thegovernment

our title, business address and phone number

our classification, salary range andresponsibilities

our names on documents produced by us, and

personal opinions given during the course ofemployment (e.g. may include opinions in e-mails)


21/25

12/7/2011 21

How to handle personal information

The Act requires government employees to collect,store, use, share, and dispose of personalinformation in an appropriate manner.


22/25

12/7/2011 22

Principles of fair personal information practice

- Collect only minimal amount of personalinformation necessary

- Collect it directly from individual if possible

- Inform individual why information is beingcollected

- Ensure that information is accurate and retain itfor required time period


23/25

12/7/2011 23

Fair information practice (cont.)

- Use it only for intended purposes or usesconsistent with those purposes

- Disclose information only as authorized by Act

- Individual has right of access to own personal

information, unless an exemption applies

- Individual can correct inaccurate information orrequest notation


24/25

12/7/2011 24

Key principles for the majority of employees

Make sure that our clients:

understands how their information will be used have consented to the uses

If you intend to use the personal information for a different purposethan originally intended, seek the individuals consent prior to use

Example: speaking to a university research office about anapplicants file

Disclose personal information only to those with authorization to usethe personal data

Disclose to staff on a need to know basis (Eg: only certain staffcan see SIN numbers in the database. Most of us cant andshouldnt)

adjudication committee members that have signedconfidentiality statements

Beware of inadvertent disclosures of personal information


25/25

12/7/2011 25

Questions

Contact

Margaret Blakeney

ATIP Coordinator, SSHRC613-992-1058

[email protected]
mailto:[email protected]:[email protected]

Access to Information and Privacy Feb 2011

Documents

Transcript of Access to Information and Privacy Feb 2011