Return to reports

PLSRB Privay Act Annual report - 2006-2007

PRIVACY ACT

ANNUAL REPORT

PUBLIC SERVICE LABOUR
RELATIONS BOARD

2006-2007


© Minister of Public Works and Government Services Canada 2007
    published by the Public Service Labour Relations Board
Cat. No. SR2-3/2007
ISBN 0-662-69783-1
This publication is also available on the Board’s Web site at:
http://www.pslrb-crtfp.gc.ca


June 29, 2007

The Honourable Beverley J. Oda
Minister of Canadian Heritage and
Status of Women
Jules Léger Building, 12th Floor
15 Eddy Street
Gatineau, QC   K1A 0M5

Dear Minister:

I am pleased to transmit to you, pursuant to section 72 of the Privacy Act, the 2006-2007 Annual Report of the Public Service Labour Relations Board covering the period from April 1, 2006 to March 31, 2007, for submission to Parliament.

  Casper Bloom, Q.C., Ad. E.
Chairperson

Table of CONTENTS

INTRODUCTION

STATISTICAL REPORTS / EXPLANATION

SUPPORTING DOCUMENTATION

Organization of Activities and Delegation Instrument

Implementation

Formal/Informal Interface

Institutional Policies

Education and Training

Complaints, Investigations and Audits

Appeals to the Federal Court

Disclosures under 8(2)(e) of the Privacy Act

Exempt Banks

Use and Disclosure

Privacy Impact Assessments


ANNUAL REPORT
PRIVACY ACT
APRIL 1, 2006 TO MARCH 31, 2007

INTRODUCTION

The Public Service Labour Relations Board was established on April 1, 2005 with the coming into force of the Public Service Labour Relations Act. This Board builds on the accomplishments of its predecessor, the Public Service Staff Relations Board, which was established in 1967 with the inception of collective bargaining in the Public Service of Canada.

The Public Service Labour Relations Board (the Board) is an independent, quasi-judicial statutory tribunal responsible for administering the collective bargaining and grievance adjudication systems in the federal Public Service and Parliament. The Board also provides mediation and conflict resolution services to help parties resolve differences without resorting to a formal hearing. As part of its new mandate, the Board has established compensation analysis and research services. Pursuant to the Act, the Board consists of a Chairperson, three Vice-Chairpersons, and such other full-time members and part-time members as the Governor in Council considers necessary.

Proceedings before the Board include grievance adjudication, arbitration, conciliation through Public Interest Commissions, mediation, applications for certification, revocation of certification, displacement, complaints of unfair labour practices, identification of positions whose duties are of a managerial and confidential nature, essential services agreements, determination of successor rights, enforcement of obligations of employer and employee organizations, and complaints of disciplinary actions or discrimination that resulted from federal employees having exercised their rights relating to workplace health and safety under Part II of the Canada Labour Code.

STATISTICAL REPORTS / EXPLANATION

The Board received two formal and one informal Privacy requests from individuals during the period under review. Both formal requests were given full access and were processed within the 30-day limit. The informal request was given partial access with subsection 27 being invoked.

The Board also processed nine consultation requests that originated from other federal institutions.  The documents that were part of the consultation requests were fully disclosed.

No requests for translation, corrections or notations were received during the period under review.

SUPPORTING DOCUMENTATION

Organization of Activities and Delegation Instrument

The Chairperson has appointed the Manager, Information Management Services, as Coordinator under the Privacy Act. All requests received by the Board are referred by the Coordinator to the appropriate Branch for review and report before a decision is rendered on a request by the Coordinator. Where necessary, consultation takes place with the Chairperson. The Coordinator dedicated approximately 2% of a person-year to the administering of the Privacy Act and to updating the Government of Canada Publication Info Source, and to preparing reports.

Implementation

A reading area is located in the Board's Records Office.  A copy of the Government of Canada Publication Info Source is available for reference there, as are Privacy Request Forms, a copy of the Board's Subject Classification Manual and other relevant publications.

All Personal Information Banks of the former Public Service Staff Relations Board and the Public Service Labour Relations Board are registered with Treasury Board. Records contained in Personal Information Banks are disposed of in accordance with schedules approved by the National Archives.

Formal/Informal Interface

Two requests for personal information were submitted formally and one request was submitted informally during the reporting period.

Institutional Policies

All requests for personal information were processed free of charge to applicants.

Education and Training

Information on the Privacy Act  is incorporated into the Board’s orientation program for new employees.

An in-house information session was held on March 8, 2007 for employees of the Board and covered such topics as:

A subsequent session was presented to Board members. Approximately 60 employees and Board members attended these sessions.

Complaints, Investigations and Audits

As of March 31, 2007, there were two (2) outstanding complaints against the Board under the Privacy Act. Both complaints refer to use and disclosure regarding posting of personal information on the Board’s website and are currently with the Privacy Commissionner.

Appeals to the Federal Court

There were no appeals to the Federal Court during the period under review with respect to Privacy requests.

Disclosures under paragraph 8(2)(e) of the Privacy Act

The Coordinator for the Privacy Act, following consultation with the Chairperson, is authorized to approve disclosures to specified investigative bodies. No such requests were received in 2006-2007.

Exempt Banks

There were no denials of access pursuant to subsection 18(2) of the Privacy Act.

Use and Disclosure

During the formal review and registration process of Personal Information Banks for the Board, bank managers are informed of the requirement to ensure that information contained in banks is directly related to an existing government program or activity and that the use of personal information is consistent with the purpose for which it is compiled /obtained.

Privacy Impact Assessments

There were no Privacy Impact Assessments or Preliminary Privacy Impact Assessments done during the period under review as no new type of information was created.


Report on the Privacy Act (PDF)


Privacy Act
Designation Order

BY THIS ORDER made pursuant to section 73* of the Privacy Act, I hereby designate the persons holding the positions of Executive Director of the Board, Director, Corporate Services and Access to Information and Privacy Coordinator to exercise or perform the powers, duties and functions of the head of a government institution under the Act, as specified in the attachment, insofar as they may be exercised or performed in relation to the Public Service Labour Relations Board, effective from April 1, 2007.

_______________________________________________

* 73.        The head of a government institution may, by order, designate one or more officers or employees of that institution to exercise or perform any of the powers, duties or functions of the head of the institution under this Act that are specified in the order.

1980-81-82-83, c. 111, Sch. II “73”.


Privacy Act Designation Order

ATTACHMENT

Item #

DESCRIPTION
OF AUTHORITY

PA
SECTION

CHAIR-
PERSON

EXECUTIVE DIRECTOR OF THE BOARD*

DIRECTOR CORPORATE SERVICES*

ATIP
COOR-
DINATOR*

 

 

PRIVACY
ACT

 

 

 

 

 

 

DISCLOSURE

 

 

 

 

 

1.   

Disclose to investigative body

8(2)(e)

F

F

N

N

2.   

Disclose for research and statistics

8(2)(j)(i) & (ii)

F

F

F

F

3.   

Disclose in public interest or benefit to individual

8(2)(m)(i) & (ii)

F

F

N

N

4.   

Retain record of requests and of disclosures for investigations

8(4)

F

F

F

F

5.   

Notify Privacy Commissioner of 8(2)(m) disclosures

8(5)

F

F

F

F

6.   

Retain record of disclosures not yet published

9(1)

F

F

F

F

7.   

Notify Privacy Commissioner of consistent use and include statement on use in next Index (Info Source)

9(4)

F

F

F

F

 

PERSONAL INFORMATION BANKS

 

 

 

 

 

8.   

Include personal information in Personal Information Banks (PIBs) descriptions

10(1)(a) & (b)

F

F

F

F

9.   

Produce Index of Personal Information (Info Source) entries

11

F

F

F

F

 

ACCESS

 

 

 

 

 

10. 

Notify where access granted/refused

14

F

F

F

F

11. 

Extend time limits

15

F

F

F

F

12. 

Notify where access refused

16(1)(a) & (b)

F

F

F

F

13. 

Obtain/Provide translation or not

17(2)(b)

F

F

F

F

14. 

Obtain/Provide alternative format or not

17(3)(b)

F

F

F

F

 

EXEMPTIONS

 

 

 

 

 

15. 

Refuse access – Exempt bank

18(2)

F

F

F

F

16. 

Refuse access – Confidential information

19(1)(a) to (d)

F

F

N

N

17. 

Disclose confidential information

19(2)(a) & (b)

F

F

N

N

18. 

Refuse access – Federal-provincial affairs

20

F

F

N

N

19. 

Refuse access – International affairs and defence

21

F

F

N

N

20. 

Refuse access – Law enforcement and investigations

22(1)(a) to (c)

F

F

N

N

21. 

Refuse access – Information received from RCMP acting as a provincial or municipal entity

22(2)

F

F

N

N

22. 

Refuse access – Security clearances

23(a) & (b)

F

F

N

N

23. 

Refuse access – Individual under sentence

24(a) & (b)

F

F

N

N

24. 

Refuse access – Safety of individuals

25

F

F

N

N

25. 

Refuse access – Another individual’s personal information

26

F

F

F

F

26. 

Refuse access – Solicitor-client privilege

27

F

F

F

F

27. 

Refuse access – Medical records

28

F

F

F

F

 

COMPLAINTS

 

 

 

 

 

28. 

Make representations to Privacy Commissioner

33(2)

F

F

F

F

29. 

Respond to Privacy Commissioner’s request to disclose information previously exempted

35(1)(b)

F

F

F

F

30. 

Give access to complainant

35(4)

F

F

F

F

31. 

Respond to Privacy Commissioner on the review of exempt banks

36(3)(b)

F

F

F

F

32. 

Request for Court hearing in National Capital Region

51(2)(a)

F

F

F

F

33. 

Make Ex Parte representations to Court

51(3)

F

F

F

F

 

EXCLUSIONS

 

 

 

 

 

34. 

Refuse access – Excluded information

69 & 70

F

F

F

F

 

OTHER

 

 

 

 

 

35. 

Prepare annual report to Parliament

72(1), (2) & (3)

F

F

F

F

36. 

Delegate authority by Head of institution

73

F

n/a

n/a

n/a

 

PRIVACY REGULATIONS

 

 

 

 

 

37. 

Provide facilities for examination

9(a)

F

F

F

F

38. 

Set time for examination

9(b)

F

F

F

F

39. 

Correct personal information

11(2)

F

F

F

F

40. 

Refuse to correct personal information

11(4)

F

F

F

F

41. 

Disclose information relating to physical or mental health (advice of medical practitioner or by psychologist)

13(1)

F

F

F

F

42. 

Require examination in person of information relating to physical or mental health (advice of medical practitioner or by psychologist)

14

F

F

F

F

*      “F”      =  Full Authority.

*      “N”      =  No Authority. To be obtained from the next level up.