Access to Information and Privacy Unit

For the purposes of the Privacy Act, Minister Ambrose has delegated her powers, authorities and responsibilities to the Access to Information and Privacy Coordinator who is accountable for the development, coordination and implementation of effective policies, guidelines, systems and procedures to ensure the Minister’s responsibilities under the Act are met and to enable appropriate processing and proper disclosure of information. The Coordinator is also responsible for related policies, systems and procedures emanating from the Act.

One full-time ATIP Officer in the Corporate Administration unit assists the Coordinator with the Access to Information and Privacy function in WD. A consultant provides additional support as required. Regional ATIP Liaison Officers (RALOs) are located in each regional office in B.C., Alberta, Saskatchewan and Manitoba, as well as the Ottawa Liaison Office and within its Headquarters unit. The RALOs are the regional contacts when retrieving records responding to ATIP requests, and providing liaison between the ATIP unit and regional staff concerning enquiries.

The activities of WD’s Access to Information and Privacy (ATIP) unit include:

• processing requests in accordance with the Act;
• responding to consultations submitted by other federal institutions on WD records being considered for release;
• developing and maintaining policies, procedures and guidelines to ensure the Act is respected by departmental staff;
• promoting awareness of the Act within the Department to ensure staff are aware of the obligations imposed by the legislation;
• preparing statistical and annual reports to Parliament and other statutory reporting requirements, such as Info Source, as well as other material that may be required by central agencies;
• representing WD in dealings with the Treasury Board of Canada Secretariat, the Privacy Commissioner of Canada and other government departments and agencies regarding the application of the Act as it relates to WD;
• monitoring departmental compliance with the Act, regulations and relevant procedures and policies; and
• providing ongoing advice and guidance to senior management and department staff on information management and Privacy legislation.

Departmental Policies and Procedures

WD’s internal ATIP Procedures Manual is currently being reviewed and will be updated to ensure that it reflects the current processes of the Department, as well as ensure all changes made to the legislation are incorporated as appropriate. These updates, when complete, are provided to the Regional ATIP Liaison Officers for their use, and the manual is available to all WD staff on the internal website.

WD continued to use the ATIPflow file management system to manage WD’s ATIP files, as the caseload for the department is small and there was no significant risk concerning the information in the system. However, since there is no technical support for this program, the Department moved to an IKON system in late March 2008, and will fully implement use of the case management system for fiscal year 2008-2009.

Info Source

In January 2008, WD’s Executive Committee approved the formation of an Info Source Steering Committee. This committee will incorporate various business areas of the department, and will establish an action plan, including processes to ensure the listings are kept evergreen and that new Personal Information Banks are registered with Treasury Board Secretariat (TBS). The goal of the committee is to assist the department in improving its management accountability, as required in the various reporting requirements of the Management Accountability Framework, Area of Management #12 – Effectiveness of Information Management, which reviews and evaluates the department’s performance and Info Source reporting requirements (see Appendix A – Info Source Standing Committee Terms of Reference). These Terms of Reference were shared with the Atlantic Canada Opportunities Agency, who has adopted this approach as well.

In March 2008, TBS approved six (6) new Standard Personal Information Banks (PIBs) for inclusion in the Sources of Government Information Main Book listings.

In addition, WD will develop procedures to track data matching activities and to create awareness and ensure that Privacy Impact Assessments are undertaken when appropriate for all new business processes or systems which gather personal information.

Privacy Training and Awareness

During fiscal year 2007-2008, WD did not conduct any staff training specifically pertaining to Privacy; however, the ATIP Coordinator and ATIP Officer regularly provide advice on ATIP issues to RALOs and departmental employees to increase awareness of the Act.

The ATIP Officer attended the national Canadian Access and Privacy Association Conference 2007 held in Ottawa, Ontario.

Privacy training is being explored for all WD offices in the Fall 2008, to include awareness of the Act, and general awareness of Info Source Personal Information Banks, Privacy Impact Assessments and data matching activities.

Access to Information and Privacy Delegation Order

Display full size graphic

Delegation of powers, duties and functions delegated pursuant to section 73 of the Privacy Act Western Economic Diversification Canada
Section	Description	Director General, Corporate Services
8(2)(j)	Disclose personal information for research purposes	X
8(2)(m)	Disclose personal information in the public interest or in the interest of the individual	X
8(4)	Retain copy of 8(2)(e) requests and disclosed records	X
8(5)	Notify Privacy Commissioner of 8(2)(m) disclosures	X
9(1)	Retain record of use	X
9(4)	Notify Privacy Commissioner of consistent use and amend index	X
10	Include personal information in personal information banks	X
14	Notice where access is requested	X
15	Extension of time limits	X
17(2)(b)	Language of access	X
18(2)	Denial of access – Exempt bank	X
19(1)	Denial of access – Information obtained in confidence from another government	X
19(2)	Where disclosure of information as described in subsection 19(1) is authorized	X
20	Denial of access – Federal-provincial affairs	X
21	Denial of access – International affairs and defence	X
22(1) and (2)	Denial of access – Law enforcement and investigations	X
23	Denial of access – Security clearances	X
24	Denial of access – Individuals sentenced for an offence	X
25	Denial of access – Safety of individuals	X
26	Denial of access – Personal information about other individuals	X
27	Denial of access – Solicitor-client privilege	X
28	Denial of access – Physical or mental health of individual	X
33(2)	Right to make representations to Privacy Commissioner	X
35(1)	Follow-up on recommendation by the Privacy Commissioner – Investigation	X
35(4)	Give applicant access to information	X
36(3)	Follow-up on recommendation by the Privacy Commissioner – Exempt banks	X
37(3)	Follow-up on recommendation by the Privacy Commissioner – Compliance	X
51(2)(b)	Request that hearing be held in the National Capital Region	X
51(3)	Submit ex parte representations	X
70	Denial of access – Cabinet confidences	X
77	Responsibilities conferred on the head of the institution by the Regulations made under section 77 which are not included above	X