Place du Centre, 4th floor
200 Promenade du Portage
Gatineau QC K1A 1K8
1 September 2023
The Honourable Harjit S. Sajjan, P.C., M.P.
President of the King’s Privy Council for Canada and Minister of Emergency Preparedness and Minister responsible for the Pacific Economic Development Agency of Canada
House of Commons
Ottawa, Ontario K1A 0A6
Dear Minister:
In accordance with section 72 of the Privacy Act, the Transportation Safety Board of Canada is pleased to submit to Parliament this report on its activities relating to the application of the Act for the period 1 April 2022 to 31 March 2023.
Sincerely,
Original signed by Kathleen Fox
Chair
1.0 Introduction
Pursuant to section 72 of the Privacy Act, the Transportation Safety Board of Canada (TSB) is pleased to table in Parliament this report on its activities relating to the application of the Act. The report covers the period from 1 April 2022 to 31 March 2023.
The purpose of the Privacy Act is to protect the privacy of individuals with respect to personal information about themselves held by government institutions such as the TSB, and to provide individuals with a right of access to that information.
conducting independent investigations, including public inquiries when necessary, into selected transportation occurrences in order to make findings as to their causes and contributing factors;
identifying safety deficiencies, as evidenced by transportation occurrences;
making recommendations designed to eliminate or reduce any such safety deficiencies; and
reporting publicly on our investigations and on the findings in relation thereto.
More information on the TSB is available at tsb.gc.ca.
The TSB’s administration of its Access to Information and Privacy (ATIP) activities is in accordance with the government’s stated principles that government information should be available to the public with only specific and limited exceptions. Furthermore, the TSB treats personal information in compliance with the code of fair information practice expressed in the Privacy Act.
2.0 ATIP Office organization
During 2022–23, the Director General, Corporate Services held the responsibilities of the ATIP Coordinator. The ATIP Office also consisted of four full-time positions.
The ATIP Office administers the requests made pursuant to the Act and provides functional advice and guidance to managers and employees concerning the release of information and protection of privacy. ATIP analysts are required to exhibit strong consultative and negotiating skills when meeting with requesters, employees of the TSB, and representatives of the Office of the Privacy Commissioner.
3.0 Delegation of authority
As required by the legislation, a delegation of authority is in place. For the purposes of the Privacy Act, the “head of the institution” as defined in section 3 of the Act is the Chair of the TSB. The incumbents of the positions of Chief Operating Officer, General Counsel, Director General for Corporate Services and Senior ATIP Analyst have been delegated powers by the Chair deemed appropriate for the effective administration of the Act. These employees ensure that the TSB meets all its obligations fairly and consistently. The delegation of authority was updated in November 2019 and remains unchanged. A copy of the Delegation Order is attached as Appendix A.
4.0 Disposition of requests
4.1 Requests for personal information
During the 2022–23 reporting period, fourteen (14) formal requests for personal information were received, compared to ten (10) in 2021–22, to twenty-two (22) in 2020–21, and to twenty-three (23) received in 2019–20. Privacy requests received by the TSB are primarily attributed to Canadian airline pilots inquiring as to whether they are named in any occurrences reported to the TSB as certain international airlines request this information as a pre-employment requirement. As well, some employees will request access to their personal information.
Of the thirteen (13) requests closed in 2022–23, records were fully disclosed in eight (8) cases (62%), records did not exist in two (2) cases (15%) and three (3) cases (23%) were abandoned. One (1) request was carried over to next fiscal year.
Of the requests closed during the reporting period, ten (10) were completed within 1 to 15 days and three (3) were completed within 16 to 30 days. The average time taken to process a request during the 2022–23 reporting period was nine (9) calendar days, compared with last year’s average of fourteen (14) in 2021–22, and thirty-three (33) in 2020–21.
During this period, the ATIP Office was involved in the search, preparation, and review of eleven (11) pages of information, and the reproduction and release of eleven (11) pages of information. During past fiscal years, seven hundred eighty-four pages (784) were reviewed and two hundred ninety-two (292) pages were released in 2021–22, one thousand nine hundred thirty-four (1934) pages were reviewed and seven hundred (700) pages released in 2020–21 and twenty-two (22) pages were reviewed and eighteen (18) pages released in 2019–20. The variation in the number of pages reviewed between years is due to the different type of requests received and if requests are from employees requesting access to their personal information.
The TSB’s open approach allows for the disclosure of information to its employees without necessarily requiring the Privacy Act to be invoked. Human resources staff handle these requests as part of their routine duties. The TSB remains vigilant in meeting requirements under the Act to protect personal information under its control. This is achieved by ensuring that employees are cognizant of their responsibility to protect the personal information they handle in the course of their duties and by respecting the code of fair information practice enshrined in the legislation.
Finally, although the TSB ATIP office was temporarily affected following the mid-March 2020 closure of offices due to the pandemic, the TSB ATIP Office operated normally in 2022–23, making full use of digital tools and a hybrid work model.
5.0 Costs
During 2022–23, the ATIP Office incurred an estimated $38,285 in costs to administer the Privacy Act, compared to $27,209 for the reporting period of 2021–22, $28,574 for the reporting period of 2020–21, and $39,007 for 2019–20. These costs include salaries, overtime, goods and services, and professional services contracts for temporary help staff but do not include the resources expended by other areas of the TSB to meet the requirements of the Act.
6.0 Training and education
The TSB has an orientation program in place for new employees, which includes training on ATIP awareness. In addition, the TSB made it mandatory for all staff to attend comprehensive ATIP training sessions given by the ATIP Office. During 2022–23, the ATIP Office provided two (2) training sessions of two (2) hours each to five (5) employees, compared to five (5) sessions to thirty-seven (37) employees in 2021–22, to none in 2020–21 and one (1) session in 2019–20.
Given the responsibilities and knowledge requirements of the TSB’s ATIP Office, there is a long learning curve for its staff. Continuous on-the-job training is provided to ATIP staff to ensure sound and current knowledge of ATIP requirements and procedures, as well as TSB operations. In this context, ATIP staff attended all ATIP Community Meetings organized by the Treasury Board Secretariat during 2022–23. These Community Meetings provide the TSB ATIP staff with valuable information on trends and best practices within the ATIP circle, updates on recent complaints and court cases, and tools to help improve service standards within the field. Finally, the TSB ATIP staff attended the yearly Canadian Bar Association Symposium on Access to Information and Privacy latest trends.
7.0 Policies, guidelines, and procedures
There were no changes to privacy-related policies, guidelines, or procedures implemented by the TSB during the reporting period 2022–23.
8.0 Complaints and investigations
No complaints were received by the Privacy Commissioner in 2022–23.
9.0 Monitoring process
The TSB monitors the time to process privacy requests through biweekly meetings between the ATIP Coordinator and the Senior ATIP Analyst, during which the status of outstanding requests is reviewed. Any significant issues are raised to the Chief Operating Officer as required.
10.0 Material privacy breaches
No material privacy breaches occurred during the reporting period.
11.0 Privacy impact assessments
The TSB did not undertake any privacy impact assessments during the reporting period.
12.0 Disclosures pursuant to paragraph 8(2)(m)
During fiscal year 2022–23, the TSB made no disclosure of information in the public interest pursuant to paragraph 8(2)(m).
13.0 Statistics required by the Treasury Board
The statistics required by the Treasury Board Secretariat are found in Appendix B.
Appendices
Appendix A – Delegation order
Appendix A – Delegation order
Appendix B – Statistical Report on the Privacy Act
Statistical Report on the Privacy Act
Name of institution:Transportation Safety Board of Canada
Reporting period: 2022-04-01 to 2023-03-31
Section 1: Requests under the Privacy Act
1.1 Number of requests received
Number of requests
Received during reporting period
14
Outstanding from previous reporting periods
0
Outstanding from previous reporting period
0
Outstanding from more than one reporting period
0
Total
14
Closed during reporting period
13
Carried over to next reporting period
1
Carried over within legislated timeline
1
Carried over beyond legislated timeline
0
1.2 Channels of requests
Source
Number of requests
Online
8
E-mail
6
Mail
0
In person
0
Phone
0
Fax
0
Total
14
Section 2: Informal requests
2.1 Number of informal requests
Number of requests
Received during reporting period
0
Outstanding from previous reporting periods
0
Outstanding from previous reporting period
0
Outstanding from more than one reporting period
0
Total
0
Closed during reporting period
0
Carried over to next reporting period
0
2.2 Channels of informal requests
Source
Number of requests
Online
0
E-mail
0
Mail
0
In person
0
Phone
0
Fax
0
Total
0
2.3 Completion time of informal requests
Completion time
1–15 days
16–30 days
31–60 days
61–120 days
121–180 days
181–365 days
More than 365 days
Total
0
0
0
0
0
0
0
0
2.4 Pages released informally
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
0
0
0
0
0
0
0
0
0
0
Section 3: Requests closed during the reporting period
3.1 Disposition and completion time
Disposition of requests
Completion time
1–15 days
16–30 days
31–60 days
61–120 days
121–180 days
181–365 days
More than 365 days
Total
All disclosed
6
2
0
0
0
0
0
8
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
No records exist
1
1
0
0
0
0
0
2
Request abandoned
3
0
0
0
0
0
0
3
Neither confirmed nor denied
0
0
0
0
0
0
0
0
Total
10
3
0
0
0
0
0
13
3.2 Exemptions
Section
Number of requests
Section
Number of requests
Section
Number of requests
18(2)
0
22(1)(a)(i)
0
23(a)
0
19(1)(a)
0
22(1)(a)(ii)
0
23(b)
0
19(1)(b)
0
22(1)(a)(iii)
0
24(a)
0
19(1)(c)
0
22(1)(b)
0
24(b)
0
19(1)(d)
0
22(1)(c)
0
25
0
19(1)(e)
0
22(2)
0
26
0
19(1)(f)
0
22.1
0
27
0
20
0
22.2
0
27.1
0
21
0
22.3
0
28
0
22.4
0
3.3 Exclusions
Section
Number of requests
Section
Number of requests
Section
Number of requests
69(1)(a)
0
70(1)
0
70(1)(d)
0
69(1)(b)
0
70(1)(a)
0
70(1)(e)
0
69.1
0
70(1)(b)
0
70(1)(f)
0
70(1)(c)
0
70.1
0
3.4 Format of information released
Paper
Electronic
Other
E-record
Data set
Video
Audio
0
8
0
0
0
0
3.5 Complexity
3.5.1 Relevant pages processed and disclosed for paper or e-record formats
Number of pages processed
Number of pages disclosed
Number of requests
11
11
11
3.5.2 Relevant pages processed by request disposition for paper and e-record formats by size of requests
Disposition
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 processed
Number of requests
Pages processed
Number of requests
Pages processed
Number of requests
Pages processed
Number of requests
Pages processed
All disclosed
8
11
0
0
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
0
0
0
0
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
3
0
0
0
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
0
0
0
0
Total
11
11
0
0
0
0
0
0
0
0
3.5.3 Relevant minutes processed and disclosed for audio formats
Number of minutes processed
Number of minutes disclosed
Number of requests
0
0
0
3.5.4 Relevant minutes processed per request disposition for audio formats by size of requests
Disposition
Less than 60 minutes processed
60-120 minutes processed
More than 120 minutes processed
Number of requests
Minutes processed
Number of requests
Minutes processed
Number of requests
Minutes processed
All disclosed
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
Total
0
0
0
0
0
0
3.5.5 Relevant minutes processed and disclosed for video formats
Number of minutes processed
Number of minutes disclosed
Number of requests
0
0
0
2.5.6 Relevant minutes processed per request disposition for video formats by size of requests
Disposition
Less than 60 minutes processed
60-120 minutes processed
More than 120 minutes processed
Number of requests
Minutes processed
Number of requests
Minutes processed
Number of requests
Minutes processed
All disclosed
0
0
0
0
0
0
Disclosed in part
0
0
0
0
0
0
All exempted
0
0
0
0
0
0
All excluded
0
0
0
0
0
0
Request abandoned
0
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
0
Total
0
0
0
0
0
0
3.5.7 Other complexities
Disposition
Consultation required
Legal advice sought
Interwoven information
Other
Total
All disclosed
0
0
0
0
0
Disclosed in part
0
0
0
0
0
All exempted
0
0
0
0
0
All excluded
0
0
0
0
0
Request abandoned
0
0
0
0
0
Neither confirmed nor denied
0
0
0
0
0
Total
0
0
0
0
0
3.6 Closed requests
3.6.1 Number of requests closed within legislated timelines
Number of requests closed within legislated timelines
13
Percentage of requests closed within legislated timelines (%)
100
3.7 Deemed refusals
3.7.1 Reasons for not meeting legislated timelines
Number of requests closed past the legislated timelines
Principal reason
Interferences with operations / Workload
External consultation
Internal consultation
Other
0
0
0
0
0
3.7.2 Requests closed beyond legislated timelines (including any extension taken)
Number of days past legislated timelines
Number of requests past legislated timeline where no extension was taken
Number of requests past legislated timeline where an extension was taken
Total
1–15 days
0
0
0
16–30 days
0
0
0
31–60 days
0
0
0
61–120 days
0
0
0
121–180 days
0
0
0
181–365 days
0
0
0
More than 365 days
0
0
0
Total
0
0
0
3.8 Requests for translation
Translation requests
Accepted
Refused
Total
English to French
0
0
0
French to English
0
0
0
Total
0
0
0
Section 4: Disclosures under subsections 8(2) and 8(5)
Paragraph 8(2)(e)
Paragraph 8(2)(m)
Subsection 8(5)
Total
0
0
0
0
Section 5: Requests for correction of personal information and notations
Disposition for correction requests received
Number
Notations attached
0
Requests for correction accepted
0
Total
0
Section 6: Extensions
6.1 Reasons for extensions and disposition of requests
Number of requests where an extension was taken
15(a)(i) Interference with operations
15 (a)(ii) Consultation
15(b)
Translation purposes or conversion
Further review required to determine exemptions
Large volume of pages
Large volume of requests
Documents are difficult to obtain
Cabinet confidence section (section 70)
External
Internal
0
0
0
0
0
0
0
0
0
6.2 Length of extension
Length of extensions
15(a)(i) Interference with operations
15 (a)(ii) Consultation
15(b)
Translation purposes or conversion
Further review required to determine exemptions
Large volume of pages
Large volume of requests
Documents are difficult to obtain
Cabinet confidence section (section 70)
External
Internal
1–15 days
0
0
0
0
0
0
0
0
16–30 days
0
0
0
0
0
0
0
0
31 days or more
0
Total
0
0
0
0
0
0
0
0
Section 7: Consultations received from other institutions and organizations
7.1 Consultations received from other Government of Canada institutions, organizations
Consultations
Other Government of Canada institutions
Number of pages to review
Other organizations
Number of pages to review
Received during the reporting period
0
0
0
0
Outstanding from the previous reporting period
0
0
0
0
Total
0
0
0
0
Closed during the reporting period
0
0
0
0
Carried over within negotiated timelines
0
0
0
0
Carried over beyond negotiated timelines
0
0
0
0
7.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation
Number of days required to complete consultation requests
1 –15 days
16–30 days
31–60 days
61–120 days
121–180 days
181–365 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
7.3 Recommendations and completion time for consultations received from other organizations outside the Government of Canada
Recommendation
Number of days required to complete consultation requests
1–15 days
16–30 days
31–60 days
61–120 days
121–180 days
181–365 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
Section 8: Completion time of consultations on Cabinet confidences
8.1 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
1–15
0
0
0
0
0
0
0
0
0
0
16–30
0
0
0
0
0
0
0
0
0
0
31–60
0
0
0
0
0
0
0
0
0
0
61–120
0
0
0
0
0
0
0
0
0
0
121–180
0
0
0
0
0
0
0
0
0
0
181–365
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
8.2 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
Number of requests
Pages disclosed
Number of requests
Pages disclosed
Number of requests
Pages disclosed
Number of requests
Pages disclosed
1–15
0
0
0
0
0
0
0
0
0
0
16–30
0
0
0
0
0
0
0
0
0
0
31–60
0
0
0
0
0
0
0
0
0
0
61–120
0
0
0
0
0
0
0
0
0
0
121–180
0
0
0
0
0
0
0
0
0
0
181–365
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
Section 9: Complaints and investigation notices received
Section 31
Section 33
Section 35
Court action
Total
0
0
0
0
0
Section 10: Privacy impact assessments (PIAs) and personal information banks (PIBs)
10.1 Privacy impact assessments
Number of PIA(s) completed
0
Number of PIA(s) modified
0
10.2 Institution-specific and central personal information banks
Personal information banks
Active
Created
Terminated
Modified
Institution-specific
2
0
0
0
Central
53
0
0
0
Total
55
0
0
0
Section 11: Privacy breaches
11.1 Material privacy breaches reported
Number of material privacy breaches reported to TBS
0
Number of material privacy breaches reported to OPC
