Evidence of meeting #39 for Access to Information, Privacy and Ethics in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was requests.
A recording is available from Parliament.
June 5th, 2008 / 3:40 p.m.
Bloc
Richard Nadeau Bloc Gatineau, QC
Thank you, Mr. Chair.
First of all, welcome to our witnesses.
I understand that you cannot make any comments about the amendments suggested by the Commissioner but I see that you deal with a large number of complaints and I would like to know why you are the ones dealing with them and not the Commissioner.
3:40 p.m.
Director, Access to Information and Privacy, Correctional Service Canada
The complaints are dealt with by the Privacy Commissioner. Our role is to deal with the requests that we receive.
3:40 p.m.
Bloc
Richard Nadeau Bloc Gatineau, QC
You receive requests for information, you read them and then you decide if they are in order. Am I right?
3:40 p.m.
Director, Access to Information and Privacy, Correctional Service Canada
No. When someone puts a request for personal information, we must provide an answer.
3:40 p.m.
Bloc
Richard Nadeau Bloc Gatineau, QC
So, when you say that you deal with requests, you refer only to requests for personal information?
3:40 p.m.
Director, Access to Information and Privacy, Correctional Service Canada
Exactly.
3:40 p.m.
Director, Access to Information and Privacy, Correctional Service Canada
It depends on the request, obviously. If it is a request for access to personal information submitted by a staff member or an inmate, we ask that the relevant files be provided to us. We review the files and we will exempt some information, such as information involving a third-party. We review all the documents in order to be able to provide the applicant with all his personal information, except that which has to be excluded for security reasons, for example if that information involves a third-party or relates to legal advice.
3:40 p.m.
Bloc
Richard Nadeau Bloc Gatineau, QC
Or if a decision of the courts prevents you from providing some type of information.
3:40 p.m.
Director, Access to Information and Privacy, Correctional Service Canada
Possibly.
3:45 p.m.
Director, Access to Information and Privacy, Correctional Service Canada
There may also be requests from staff members and from the public.
3:45 p.m.
Bloc
Richard Nadeau Bloc Gatineau, QC
Even members of the public can apply to you to have access to information? Do they not have to apply directly to the Commissioner?
3:45 p.m.
Director, Access to Information and Privacy, Correctional Service Canada
No, they can apply directly to us. Members of the public can complain to the Commissioner if they have first applied to the department to get access to personal information. If they are not satisfied with the information provided, they can submit a complaint to the Commissioner.
3:45 p.m.
Bloc
Richard Nadeau Bloc Gatineau, QC
We are talking about files that may be related to criminal activities or to individuals about which you have incriminating information.
3:45 p.m.
Director, Access to Information and Privacy, Correctional Service Canada
Yes, in some cases.
3:45 p.m.
Bloc
Richard Nadeau Bloc Gatineau, QC
Do you accept all the requests that you receive or do you apply some criteria that lead you to deny some of them immediately?
3:45 p.m.
Director, Access to Information and Privacy, Correctional Service Canada
We look at the request in order to make sure that we understand correctly what the person wants. If it is not clear, we get in touch with the individual to ask for clarification. Then, we process the request.
3:45 p.m.
Bloc
Richard Nadeau Bloc Gatineau, QC
Could the request come from a third-party representing the individual, such as a lawyer?
3:45 p.m.
Director, Access to Information and Privacy, Correctional Service Canada
Yes, with the consent of the individual. We have to be provided with proof of consent.
3:45 p.m.
Bloc
Richard Nadeau Bloc Gatineau, QC
You explained earlier that, once the documents are received by the institution, you review all of them according to the rules and you then give them to the applicant.
Do you give photocopies? Do you get them back later or is the individual allowed to keep them?
3:45 p.m.
Director, Access to Information and Privacy, Correctional Service Canada
They are photocopies. Obviously, we keep the originals. If we did receive originals, we send them back to the institution. Sometimes, they send us copies for our review. In any case, the applicant does not receive the originals, we keep them.
3:45 p.m.
Bloc
Richard Nadeau Bloc Gatineau, QC
If a person is in the habit of making regular requests in order to know if new information has been added to his file, do you apply the same process? A request is never rejected? You listen to the applicant before deciding if there is new information to be communicated?
3:45 p.m.
Director, Access to Information and Privacy, Correctional Service Canada
That is correct.
3:45 p.m.
Bloc
Richard Nadeau Bloc Gatineau, QC
I will now ask you a question which you may not be authorized to answer for reasons of confidentiality. Are there many people who request repeatedly their own documents?