Evidence of meeting #58 for Access to Information, Privacy and Ethics in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was office.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Daniel Therrien  Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada
Daniel Nadeau  Director General and Chief Financial Officer, Office of the Privacy Commissioner of Canada
Suzanne Legault  Information Commissioner of Canada, Office of the Information Commissioner of Canada
Layla Michaud  Acting Assistant Commissioner, Complaints Resolution and Compliance, Office of the Information Commissioner of Canada

3:50 p.m.

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

But is it too early to tell?

3:50 p.m.

Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada

3:50 p.m.

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Okay.

How about some of the other recommendations that we have made as a committee? You're aware, obviously, that we are also studying PIPEDA. You are also studying PIPEDA and anticipate a discussion paper in the fall.

At this point, in terms of the adoption of recommendations that we've made on the Privacy Act or on SCISA, do these estimates contemplate the implementation of recommendations that have been made?

3:50 p.m.

Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada

Daniel Therrien

No, they do not anticipate that. For potential amendments to the Privacy Act, the government's response to your report is that it will proceed in due course with a PA review, so to cost any amendments might be premature at this point. We need to see what the government will table in terms of legislation down the road.

In terms of PIPEDA review and activities that would flow from our consent report, when we publish our report in September through the annual report, we should be able to give an estimate of costs.

I talked with Mr. Long about the non-discretionary nature of investigative work. One issue that we might include in the suggestions to reform PIPEDA and the Privacy Act would be a greater discretion to not investigate certain complaints. In other words, we could choose to some extent the complaints we would investigate so that we spend more time on issues of systemic importance and perhaps less time on other issues. There is a link between the recommendations we might make for legislative change and workload issues.

3:50 p.m.

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

That's interesting. You mentioned in your response to Mr. Long the statutory requirement to investigate all complaints.

3:50 p.m.

Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada

Daniel Therrien

That's the current law. Subject to certain exceptions, by and large the current law requires us to investigate all complaints.

3:50 p.m.

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

What would be a reason not to? I don't want to stray too far off of the actual estimates before us, but what would you contemplate a...?

3:50 p.m.

Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada

Daniel Therrien

Often, administrative tribunals such as ours would have discretion not to investigate—in the worst-case scenario—a frivolous complaint. One of our realities is that in the last two or three years, we have had a couple of individuals who have filed in the order of 5,000 complaints. Just two people have filed 5,000 complaints.

3:50 p.m.

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

Vexatious and frivolous complaints....

3:50 p.m.

Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada

3:50 p.m.

Conservative

Pat Kelly Conservative Calgary Rocky Ridge, AB

I understand that, but—

3:50 p.m.

Conservative

The Chair Conservative Blaine Calkins

We're a bit over time, so if you don't mind, Mr. Kelly, I think we'll have an opportunity to get back to your line of questioning.

Ms. Fortier, please, you have up to seven minutes.

3:50 p.m.

Liberal

Mona Fortier Liberal Ottawa—Vanier, ON

Thank you, Mr. Chair.

Hello, Mr. Therrien. It is a pleasure to meet you.

As a member of the standing committee on access to information, privacy and ethics, it is an honour to ask you a few questions. I am new to this committee and am trying to better understand the investments set out in the 2017-18 Main Estimates.

I understand that human resources account for about 70% of your expenditures. What about the remaining 30%? Do you have enough money to do your work?

3:50 p.m.

Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada

Daniel Therrien

The remaining 30% goes in part to information technology. I will ask my colleague Daniel Nadeau to tell you more about non-salary expenditures.

Let me would point out, however, that the budget provides a breakdown of salaries versus administrative costs, including information technology, but there are also activities we fund from our budget. The main budget items are for investigations. In fact, 48% of the budget goes to investigations. Another 13% goes to research and policy development. There are also communications and public education, which account for 12% of our budget. This last item is important to us because members of the public are often not well informed about the protection of privacy. It is important for us to educate the public in this regard. Finally, there are internal services, which account for 27% of our budget.

I will ask Mr. Nadeau to provide further information about the 30% of non-salary expenditures.

3:55 p.m.

Daniel Nadeau Director General and Chief Financial Officer, Office of the Privacy Commissioner of Canada

Certainly.

The 30% of non-salary expenditures include a range of expenditures that the organization as a whole must make in the course of its normal daily operations. I will spare you all the details, but let me mention some of the most important items.

In the Main Estimates, there is a item for professional services, which accounts for close to 50% of these non-salary expenditures.

As a small organization, we cannot afford to have expertise in all areas of our organization. As a result, we obtain certain professional services under contract. The translation of documents and the layout of all our publications are examples of professional services. We have offices, computers and IT equipment, among other things, that are essential to our operations. Our offices are in a building and that involves costs, including security costs. These are the types of items that are necessary for the normal conduct of our activities.

3:55 p.m.

Liberal

Mona Fortier Liberal Ottawa—Vanier, ON

Perfect.

Human resources account for 70% of your budget. Do you have a high staff turnover rate? Are there a lot of vacant positions?

3:55 p.m.

Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada

Daniel Therrien

Our turnover rate is about 10% for just under 200 employees, which is fairly normal.

3:55 p.m.

Liberal

Mona Fortier Liberal Ottawa—Vanier, ON

Very good.

Let us return to the 2015-16 departmental performance report for your office. In it, you stated that advances in technology are outpacing your office's ability to be as effective as possible.

What steps are you taking to address the challenges posed by advances in technology? How will these challenges affect the services you offer to Canadians?

3:55 p.m.

Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada

Daniel Therrien

In accordance with current legislation, whether for the public sector or the private sector, we conduct the activities I mentioned. Investigations are in large measure non-discretionary spending. We have to educate the public in order to inform Canadians about the impact on privacy of new technologies. We are conducting activities in that regard.

We conduct research and provide advice and guidelines to companies so they can better manage risks to privacy.

We also consider that there is need for changes to the legislation. In fact, we have already made recommendations about the public-sector legislation, and we will make further recommendations in the fall in our annual report and in our report on consent.

In short, we do what we can with the resources at our disposal, and in accordance with the current legislative framework. There is no doubt in our minds that this framework should be amended in order to better manage these risks for Canadians. In the fall, we will have further recommendations in that regard.

3:55 p.m.

Liberal

Mona Fortier Liberal Ottawa—Vanier, ON

I read earlier about your concerns about public education and the fact that there are a lot of questions related to that. What public activities do you conduct? Will you have the necessary resources, given the increased use of social media? The increase in public education activities will probably put pressure on your office. Do you have an action plan to address those needs?

3:55 p.m.

Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada

Daniel Therrien

We started implementing our plan by completely revamping our website, as I said in my opening remarks. Our website is our main public education tool. It provides information, guidance and advice for Canadians and for companies. It is a very important component. Revamping our website is important and we will continue to update it and make its content more user-friendly to ensure that Canadians can properly understand the information on it.

We also participate in various conferences where we have information booths. We give presentations right across the country. We reach out to people that way as well. Each event is attended by a few hundred people. So the most important tool is still the website, which get millions of hits every year.

4 p.m.

Liberal

Mona Fortier Liberal Ottawa—Vanier, ON

So maintaining your website, the ability to maintain ...

4 p.m.

Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada

Daniel Therrien

... is the key tool.

4 p.m.

Liberal

Mona Fortier Liberal Ottawa—Vanier, ON

Do you have the resources to continue to maintain it?

4 p.m.

Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada