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PLSRB Privacy Act Annual report - 2008-2009

PRIVACY ACT

ANNUAL REPORT

PUBLIC SERVICE LABOUR
RELATIONS BOARD

2008-2009


© Minister of Public Works and Government Services Canada 2009
published by the Public Service Labour Relations Board
Cat. No. SR2-3/2009
ISBN 978-0-662-06962-1
This publication is also available on the Board’s website at:
http://www.pslrb-crtfp.gc.ca


August 19, 2009

The Honourable James Moore, P.C., M.P.
Minister of Canadian Heritage and Official Languages
House of Commons
Ottawa, K1A 0A6

Dear Minister,

I am pleased to transmit to you, pursuant to section 72 of the Privacy Act, the Annual Report of the Public Service Labour Relations Board covering the period from April 1, 2008 to March 31, 2009, for submission to Parliament.

Yours sincerely,

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


TABLE OF CONTENTS


ANNUAL REPORT
PRIVACY ACT
APRIL 1, 2008 TO MARCH 31, 2009

INTRODUCTION

The Public Service Labour Relations Board (PSLRB) is an independent quasi-judicial tribunal responsible for administering the collective bargaining and grievance adjudication systems in the federal public service.

In accordance with its mandate under the Public Service Labour Relations Act (PSLRA), which was enacted on April 1, 2005, the PSLRB provides three main services: adjudication, mediation, and compensation analysis and research.

The PSLRB replaced the Public Service Staff Relations Board (PSSRB), which had been in existence since 1967, when collective bargaining was first introduced into the federal public service. With the PSLRA came an expanded role and services for the PSLRB, particularly in compensation research. At the same time, the PSLRB continues to provide many of the same services as its predecessor and to maintain the quality of its decision making.

A proceeding before the PSLRB may involve a grievance adjudication, an arbitration, a conciliation through a Public Interest Commission, a mediation, an application for certification, a revocation of certification, a displacement, a complaint of unfair labour practices, an identification of a position or positions as having duties of a managerial or confidential nature, an essential services agreement, a determination of successor rights, an enforcement of obligations of the employer or of an employee organization, or a complaint of disciplinary action or discrimination that resulted from one or more federal employees exercising workplace health and safety rights under Part II of the Canada Labour Code.

STATISTICAL REPORTS / EXPLANATION

The Board received 3 formal requests from individuals during the period under review. Two (2) of those requests were given partial access, and 1 was exempt. Two (2) formal requests were processed within the 30-day limit established in the Privacy Act (the “Act”) and 1 request was completed within a requested extension period of 61 to 120 days.

The Board also processed 5 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 of Information Management Services as the Coordinator under the Act. The Coordinator refers all requests received by the PSLRB to the appropriate branch for review and reporting before rendering a decision. The Chairperson is consulted if necessary. The Coordinator dedicated approximately 4% of a person-year to administering the Act, updating the Government of Canada Publication Info Source and preparing reports.

Implementation

A reading area is located in the PSLRB’s Records Office. A copy of the Government of Canada Publication Info Source is available for reference as are privacy request forms, a copy of the PSLRB’s Subject Classification Manual and other relevant publications.

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

Institutional Policies

All requests for personal information were processed free of charge.

Education and Training

Information on the Act is incorporated into the PSLRB’s orientation program for new employees and covers such topics as:

Orientation sessions for employees are given twice a year.

Complaints, Investigations and Audits

As of March 31, 2009, there was 1 outstanding complaint against the PSLRB under the Act. That complaint refers to the use and disclosure regarding posting of personal information on the PSLRB’s website, and it is currently before the Privacy Commissioner of Canada. The Privacy Commissioner made a recommendation for 2 complaints on the same subject that were outstanding from 2004 and 2007 respectively. One other complaint was received and resolved during this period.

While the full text of the Board’s decisions are posted on the PSLRB website, as a means to balance the open-court principle and the privacy concerns of individuals availing themselves of their rights under the PSLRA, the Board has voluntarily introduced measures that restrict global search engines from accessing full-text decisions posted on its website. It has also modified its website and administrative letters opening case files to notify individuals who initiate proceedings that its decisions are posted in full on the Board’s website. One other complaint was received and resolved during this period.

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 subsection 8(2)(e) of the Privacy Act

The Coordinator for the Act, following consultation with the Chairperson, is authorized to approve disclosures to specified investigative bodies. No such requests were received in 2008-2009.

Exempt Banks

There were no denials of access under subsection 18(2) of the Act.

Use and Disclosure

As part of the formal review and registration process of Personal Information Banks for the PSLRB, information 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 completed during the period under review.


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.

Chairperson / président

*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. III, Sch. II "73".


Privacy Act Designation Order

ATTACHMENT

Item
#
DESCRIPTION OF AUTHORITY PA SECTION CHAIRPERSON* EXECUTIVE DIRECTOR OF THE BOARD* DIRECTOR CORPORATE SERVICES* ATIP COORDINATOR*
  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.