Evidence of meeting #29 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 complaints.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Jennifer Stoddart  Privacy Commissioner, Office of the Privacy Commissioner of Canada
Tom Pulcine  Director General and Chief Financial Officer, Corporate Services Branch, Office of the Privacy Commissioner of Canada
Raymond D'Aoust  Assistant Privacy Commissioner, Office of the Privacy Commissioner of Canada

3:30 p.m.

Liberal

The Chair Liberal Paul Szabo

Good afternoon, colleagues. We are here for the 29th meeting of the Standing Committee on Access to Information, Privacy and Ethics.

Today, pursuant to Standing Order 81(4), we are dealing with main estimates 2008-09, vote 45 under Justice, referred to the committee on Thursday, February 28, 2008.

Today we have as our witness from the Office of the Privacy Commissioner of Canada, the Privacy Commissioner of Canada, Ms. Jennifer Stoddart. We welcome you. Today we have two sessions. One deals first with your estimates, and then once we have completed discharging those responsibilities, we want to speak with you more generally about the Privacy Act.

Without further ado, I invite you to introduce your colleagues who accompany you today. I understand you also have an opening statement, so I'd ask you to please begin.

3:30 p.m.

Jennifer Stoddart Privacy Commissioner, Office of the Privacy Commissioner of Canada

Thank you, Mr. Chairman. I am certainly very happy to be here and very happy that we have this double session.

I would like to take the opportunity of introducing Assistant Commissioner Elizabeth Denham. This is her first appearance, not only before the committee but on the Hill. We are very pleased that Elizabeth has joined us from the office of the privacy commissioner of Alberta, and she brings a much-needed perspective from the provinces to our functioning.

Also with me is the director general of finance and administration, Mr. Tom Pulcine, whom you have met before.

I have a short opening statement, which I hope will summarize the issues in the document that is set before you and will allow you to approve in principle the credits that go with us.

If I go back now to 2005, where we fixed our mandate of trying to take a more proactive approach to protecting and promoting the privacy rights of Canadians, we have received some increased resources. This has allowed us to reduce our backlog of investigations; reduce turnaround times for privacy impact assessments; be more active in the investigation field; initiate more complaint investigations--most recently, the TJX data breach, the U.S.-based owner of Winners and HomeSense stores; increase the number of audits that we've been able to undertake, and you may have seen the special report to Parliament on the RCMP this winter; and become actively involved in court litigation.

When we received more resources we understood our new vision for the organization, but we underestimated the challenge of implementing it. We now realize that we need to double our efforts to become more efficient in investigating. This is partly due to contextual challenges as well as to our ongoing obligation under both acts to receive and investigate every complaint that comes to us.

Through our work it has become apparent that more targeted and more specialized communications and outreach activities are needed to foster privacy awareness among Canadians.

For example, we've begun the development of a social marketing campaign on children's privacy online. We've embarked on a regional engagement program to better understand the privacy concerns and the awareness levels of citizens across the country.

We recognize the need to address key issues in order to have a real, positive, and measurable impact in niche areas, so we've identified four priority privacy issues on which to focus efforts over the next three years. These are information technology, privacy and national security, identity integrity and protection, and genetic privacy.

These priorities will allow us, we hope, to leverage resources across the organization, to plan concerted and collaborative action with key stakeholders, to build the necessary expertise and capacity, and to adopt a deliberate, multifaceted approach using a number of enforcement tools and research and education efforts to more effectively address these emerging privacy issues.

Finally, the implementation of the Federal Accountability Act last year has resulted in new responsibilities for our office. To handle these responsibilities we've created an office to manage access to information and privacy requests. We are now hiring additional investigators to handle new organizations that are now subject to the Privacy Act, and we are establishing an internal audit program, which is required of all entities.

In recognition of this new vision and our organizational challenges, we have identified five strategic priorities for the new year: continuing to improve service delivery through focus and innovation; strategically advancing global privacy protection for Canadians; supporting Canadians to make informed privacy decisions; building a sustainable organizational capacity; and providing the leadership to advance the four priority privacy issues I've mentioned.

Throughout the next year we will continue the work we began last year in reshaping our organization to make it more modern, responsive, and proactive. As I said, I'm very pleased this year to welcome Elizabeth Denham, who has been our new assistant privacy commissioner since November of last year. As the assistant commissioner with primary responsibility for PIPEDA, Ms. Denham is tasked with raising privacy awareness and ensuring legislative compliance among businesses. She has led the organization's regional engagement efforts, meeting with stakeholders and forging important relationships in the Yukon, in Saskatchewan, and in Nova Scotia in the very short time that she has been in this post.

I'd like to move on now to the theme of building sustainable organizational capacity. We are currently updating our organizational human resources plan, in keeping with our objective of building a sustainable organizational capacity. Our plan has two main components: a staffing strategy that allows us to build our workforce, and a retention strategy to engage, develop and retain our staff.

Our human resource plan is ambitious—as you will note in the graph you've received, we need to substantially grow our organization to adequately address our organizational workload and manage the increase in demand for our services.

Nowhere is the demand for our services greater than in our Investigations Branch. Last year, we reported to this Committee on our efforts to chip away at our backlog of complaints. While the backlog of PIPEDA complaints has been substantially reduced, our backlog of complaints under both the Privacy Act and PIPEDA remains, because we continue to face challenges attracting and retaining investigative personnel. Each year for the past two years, this branch has experienced a 40 per cent turnover in staff.

Along with the staffing and retention strategies I've already mentioned, we are re-engineering our entire business process. Ms. Denham is responsible for this initiative. We are seeing more complaints involving technological and transborder issues. There is an ever-increasing need for cooperation with our provincial and international counterparts. Our goal is to create a branch with the skills, knowledge and processes to respond to these complaints efficiently and well. We anticipate the re-engineering of our processes to be completed in 2009.

Last fall Canada hosted the 29th annual Conference of Data Protection and Privacy Commissioners under the theme of “Terra Incognita”, bringing together over 700 data commissioners and privacy experts from around the world to share ideas and knowledge.

I think you've all received, Mr. Chairman, this résumé of the proceedings. We were honoured by the presence of Speaker Milliken, who opened the conference. Overall the conference was deemed an overwhelming success by delegates, who left Montreal with a renewed sense of common cause and action.

One prevalent theme that emerged from our conference is that citizens around the world are increasingly concerned about when and how their personal information is shared across international boundaries. To address this growing concern, we have made global privacy protection, with a strong dose of Canadian content, one of our five strategic priorities. One country or jurisdiction alone cannot confront the phenomenon of outsourcing and the range of privacy issues that flow from it. At the international level we have started this work to find solutions to the privacy issues implicit in transborder data flows.

In conclusion, Mr. Chairman, the environment in which our office operates continues to evolve, demanding from us that we evolve along with it so that we may fulfill our mandate of protecting and promoting the privacy rights of individuals.

This year promises to be a dynamic one for our organization. From our internal recalibration of our business processes to our new outreach initiatives, the key word for us is change.

While our current resources have allowed us to take on several major initiatives in support of our new vision, there are still gaps we need to fill and challenges we need to address, many of which I mentioned today. In the coming weeks I look forward to engaging you once more to outline how we plan to meet these outstanding challenges.

Our goal is to become a data protection authority that is modern, proactive, efficient, and sufficiently flexible to adapt to the realities around us, so that we may provide Canadians with the necessary assurance that their personal information is being respected and protected here and elsewhere in the world.

I thank you once again for the opportunity to speak to you today, and I would be pleased to answer your questions.

3:40 p.m.

Liberal

The Chair Liberal Paul Szabo

Okay. Let's begin now with Mr. Murphy, followed by Madame Lavallée, Mr. Martin, and then Mr. Wallace.

3:40 p.m.

Liberal

Shawn Murphy Liberal Charlottetown, PE

Thank you very much, Mr. Chairman.

Thank you, Ms. Stoddart and members of your office, for being here today and for this presentation.

If I study the history of your office, your scope and mandate seems to have been extended or expanded quite a bit with the provisions of the Federal Accountability Act. I don't see any increase in the resources. It did increase substantially in 2004, 2005, and 2006. Do you think with your increased mandate that you have the resources to fulfill the new duties that are being imposed upon your office?

3:40 p.m.

Privacy Commissioner, Office of the Privacy Commissioner of Canada

Jennifer Stoddart

Thank you.

Mr. Chairman, the credits we will need in order to apply the Federal Accountability Act are calculated automatically by Treasury Board and therefore will be added automatically to the credits we will have in the coming year.

3:40 p.m.

Liberal

Shawn Murphy Liberal Charlottetown, PE

Are they reflected in the estimates before Parliament now?

3:40 p.m.

Privacy Commissioner, Office of the Privacy Commissioner of Canada

Jennifer Stoddart

Can I ask the chief financial officer to respond?

3:40 p.m.

Tom Pulcine Director General and Chief Financial Officer, Corporate Services Branch, Office of the Privacy Commissioner of Canada

They're not currently reflected.

There are multiple sources of information within our reports on plans and priorities. In one of the financial tables, you'll see the amount related to the Federal Accountability Act. On page 7 of the report on plans and priorities, it's identified under “Implementation of the Federal Accountability Act”, a total of $1.1 million.

3:40 p.m.

Liberal

Shawn Murphy Liberal Charlottetown, PE

But would that be above your own estimates?

3:40 p.m.

Director General and Chief Financial Officer, Corporate Services Branch, Office of the Privacy Commissioner of Canada

Tom Pulcine

That's right. It's not currently part of the estimates before you today.

3:40 p.m.

Liberal

Shawn Murphy Liberal Charlottetown, PE

Is there any reason that wouldn't be reflected in your own estimates? I can't understand it.

3:40 p.m.

Director General and Chief Financial Officer, Corporate Services Branch, Office of the Privacy Commissioner of Canada

Tom Pulcine

To have those added to our appropriation, we must present a Treasury Board submission. Before we do that, of course, we would present a business case to the new all-party parliamentary panel to get their blessing, and then we'd bring that to Treasury Board through a Treasury Board submission. It would show up in the supplementary estimates.

3:40 p.m.

Liberal

Shawn Murphy Liberal Charlottetown, PE

Ms. Stoddart, you're the accounting officer, I take it. You're designated the accounting officer for the department?

3:45 p.m.

Privacy Commissioner, Office of the Privacy Commissioner of Canada

3:45 p.m.

Liberal

Shawn Murphy Liberal Charlottetown, PE

And, Mr. Pulcine, you're the chief financial officer?

3:45 p.m.

Director General and Chief Financial Officer, Corporate Services Branch, Office of the Privacy Commissioner of Canada

3:45 p.m.

Liberal

Shawn Murphy Liberal Charlottetown, PE

Going through the whole issue of comptrollership, you report to whom, sir? I'm just trying to follow this.

3:45 p.m.

Director General and Chief Financial Officer, Corporate Services Branch, Office of the Privacy Commissioner of Canada

Tom Pulcine

To the Privacy Commissioner.

3:45 p.m.

Liberal

Shawn Murphy Liberal Charlottetown, PE

But from a comptrollership point of view, are there any other higher-ups than you to whom you report?

3:45 p.m.

Director General and Chief Financial Officer, Corporate Services Branch, Office of the Privacy Commissioner of Canada

Tom Pulcine

I think there's a theoretical, if not a practical, link between me and the Comptroller General.

3:45 p.m.

Liberal

Shawn Murphy Liberal Charlottetown, PE

And you're satisfied—

3:45 p.m.

Director General and Chief Financial Officer, Corporate Services Branch, Office of the Privacy Commissioner of Canada

Tom Pulcine

Unlike many other government departments and agencies, the Privacy Commissioner, being an officer of Parliament, has a somewhat unique role with Parliament that differs from that of a departmental head.

3:45 p.m.

Liberal

Shawn Murphy Liberal Charlottetown, PE

That's what I'm getting at.

As you know—and it's absolutely no reflection on you or Ms. Stoddart—this particular office has had a checkered past vis-à-vis comptrollership.

Are you satisfied, as the chief financial officer, and you, as the accounting officer, that all of those problems are behind us and that everything is being done in accordance with all Treasury Board rules and guidelines?

3:45 p.m.

Privacy Commissioner, Office of the Privacy Commissioner of Canada

Jennifer Stoddart

Yes, I am—certainly, to the best of my knowledge.

I might add that this particular challenge of being an agent of Parliament while making sure that we conform with all applicable government policies, particularly on financial accounting matters, is a matter of active discussion between Treasury Board and the agents of Parliament. Briefly put, we have agreed that we will follow the standards, by agreeing among ourselves to be audited by a single auditor other than Treasury Board. The auditor will lay its report before Treasury Board. So, in fact, we will keep our nominal autonomy, but will follow the same standards.

3:45 p.m.

Liberal

Shawn Murphy Liberal Charlottetown, PE

So is the Auditor General your designated auditor, or do you go outside?