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PLSRB Privacy Act Annual report - 2009-2010

PRIVACY ACT

ANNUAL REPORT

PUBLIC SERVICE LABOUR
RELATIONS BOARD

2009-2010


© Minister of Public Works and Government Services Canada 2010
published by the Public Service Labour Relations Board
Cat. No. SR2-3/2010
ISBN 978-1-100-51835-0
This publication is also available on the PSLRB website at:
http://www.pslrb-crtfp.gc.ca


July 28, 2010

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 submit 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, 2009 to March 31, 2010, for submission to Parliament.

Yours sincerely,

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


TABLE OF CONTENTS


ANNUAL REPORT
PRIVACY ACT
APRIL 1, 2009 TO MARCH 31, 2010

INTRODUCTION

The purpose of the Privacy Act is to extend the laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a government institution and that provide individuals with a right of access to that information.

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), the PSLRB provides the following three main services: adjudication, mediation, and compensation analysis and research.

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 PSLRB received one formal request from individuals during the period under review and it was unable to process the request as the information requested did not exist. The PSLRB also processed four 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 review period.

SUPPORTING DOCUMENTATION

Organization of Activities and Delegation Instrument

The Chairperson has appointed the head of records and mail 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 1% 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.

PSLRB case files containing correspondence exchanged between the parties are available to the public for consultation at the PLSRB’s premises with appropriate notice. Exhibits filed at a hearing are also available to the public for consultation at the PSLRB’s premises with appropriate notice, once the decision on the merits of the case has been rendered or the PSLRB has otherwise closed its case file. PSLRB decisions are available electronically on its website.

Education and Training

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

Fifteen employees attended an orientation session for new employees held on November 18, 2009.

Complaints, Investigations and Audits

As of March 31, 2010, there were no outstanding complaints against the PSLRB under the Act.

While the full text of the PSLRB’s decisions are posted on its 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 PSLRB 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 its website.

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 Paragraphs 8(2)(f),(g) and (m) of the Privacy Act

The coordinator for the Act, after consulting with the Chairperson, is authorized to approve disclosures under those paragraphs. No such requests were received in 2009-2010.

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

No Privacy Impact Assessments or Preliminary Privacy Impact Assessments were 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.