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Line 28: − Currently, institutions do not need to provide an explanation for the delay nor are they required to notify the Privacy Commissioner of the extension. As a result, new policy requirements are proposed, to require a written explanation to be included in the notification to the requester. The Office of the Privacy Commissioner would be informed of the reasons for delays through institutions’ annual reports. − + − Proposed amendments to the Directive on Privacy Requests and Correction of Personal Information would require institutions to: − * inform the requester that an extension to the 30-day time limit is needed, and to provide an explanation of the reason for the delay; and,+ − + + − + + + + + − + + − + − − The proposed policy and the model explanations do not change the circumstances set out in section 15 of the Privacy Act in which an institution can take an extension. − • 30-Day Response or Written Explanation Guarantee Presentation (insert hyperlink when available)+ − − == Toolbox == − <!--* [[Media: 2017-12-19 - Speaking Notes for Top 20 EN_.docx |Speaking Notes for Top 20 ]] --> − − === 30-Day Response or Written Explanation Guarantee DRAFT Policy Updates=== − * UPDATED Policy On Privacy Protection (insert hyperlink when available) − * UPDATED Directive on Privacy Requests and Correction of Personal Information (insert hyperlink when available) − − === Implementation Tools === − * Model Written Explanations (insert hyperlink when available) − * Guide for the 2017-2018 Statistical Reporting - Privacy Act (insert hyperlink when available) − * Implementation 30-Day Checklist (insert hyperlink when available) − − − <!--'''Notes and Discussion Summaries''' − − * [[Media:English Notes from December breakout session with Top 20 institutions.docx|English Notes from December breakout session with Top 20 institutions]] − * [[Media:Summary of federal institution discussion on 30-day response - Dec 2017.docx|Summary of federal institution discussion on 30-day response - Dec 2017]] − − '''ATIP Community Meeting Presentation – March 20, 2018''' − − * [[Media:30 Day Guarantee Presentation_ATIP Community March 20.pptx|30 Day Guarantee Presentation ATIP Community March 20]] --> − − <!-- ==Toolbox== − − ==== Implementation Tools ==== − # [[Media:EN - Sample 30 day Notification Letters from Institutions Model_written_explanations_.docx |Sample 30-Day Notification Letters Model]] − # [[Guide_for_the_2017-18_Statistical_Report_on_the_Privacy_Act_-English_.docx| Guide for the 2017-2018 Statistical Reporting - Privacy Act]] − # [[Checklist_-_Implementation_-_30_day_FINAL_EN.docx|Implementation 30-Day Checklist]] − − ==== Reference ==== − # [https://www.priv.gc.ca/en/privacy-topics/access-to-personal-information/accessing-your-personal-information/ OPC: Accessing your personal information] − # [http://www.ourcommons.ca/DocumentViewer/en/42-1/ETHI/report-2/page-78 ETHI – Review of the Access to Information Act – List of Recommendations] -->
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=New Policy Requirements: Written Explanations for Delays in Responding to Personal Information Requests=
As of October 1, 2018, institutions will be required to provide a written explanation to the requester when a request for access to personal information takes more than 30 days to fulfill. Institutions will also be required to report in more detail on the reasons for extensions in the institution’s annual report to Parliament. These requirements are outlined in the [http://www.tbs-sct.gc.ca/pol/doc-eng.aspx?id=32590 Directive on Personal Information Requests and Correction of Personal Information].
==Background ==
==Background ==
===Government Commitment===
The Government committed to making it easier for Canadians to access government information, including their personal information held by government:
The Government committed to making it easier for Canadians to access government information, including their personal information held by government:
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== Current Extension Provisions ==
=== Current Requirements ===
The ''Privacy Act'' currently requires that government institutions provide a response to a request for personal information within 30 days or inform the requester that an extension is required. The Act allows an institution to extend the timeline to respond to a request for up to 30 additional days if:
The ''Privacy Act'' currently requires that government institutions provide a response to a request for personal information within 30 days or inform the requester that an extension is required. The Act allows an institution to extend the timeline to respond to a request for up to 30 additional days if:
Institutions are also required to inform the requester in the notification of the extension of their right to complain to the Privacy Commissioner about the extension.
Institutions are also required to inform the requester in the notification of the extension of their right to complain to the Privacy Commissioner about the extension.
== Proposed new requirements ==
== New Requirements as of October 1, 2018 ==
The amended Directive on Personal Information Requests and Correction of Personal Information requires institutions to also:
* to publicly report on the number of, and reasons for, extensions in their Annual Report on the Administration of the ''Privacy Act''.
* provide a written explanation of the reason for the delay to the requester; and,
* publicly report on the number of, and reasons for, extensions in their Annual Report on the Administration of the ''Privacy Act''.
TBS has created Model Written Explanations to support institutions with the implementation of the 30-Day Response and Written Explanation Guarantee.
The Office of the Privacy Commissioner will be informed of the reasons for delays through institutions’ Annual Reports.
TBS has created Model Written Explanations as a resource for institution, to support with the implementation of the 30-Day Response and Written Explanation Guarantee. The Model Written Explanations can be found in the Privacy Tools section of the Privacy Policy GCpedia page ('''insert hyperlink when available).'''
The amended directive and the model explanations do not change the circumstances set out in section 15 of the ''Privacy Act'' in which an institution can take an extension.
== Next Steps ==
== Next Steps ==
The new instruments are expected to be published on July 1, 2018 and are proposed to take effect on '''October 1, 2018.'''
The updated Directive was published on June 26, 2018 and takes effect on October 1, 2018.
Institutions are encouraged to change their business practices to begin providing written explanations for extensions to the requester in advance of October 1, 2018.
Institutions are encouraged to change their business practices to begin providing written explanations for extensions to the requester in advance of October 1, 2018.
Data relating to written explanations will be collected beginning in October 2018. Guidance and interim reporting tools will be made available to institutions prior to October 1, 2018.
Data relating to written explanations will be collected beginning in October 2018. Guidance and interim reporting tools will be made available to institutions prior to October 1, 2018, on the [[Privacy Policy/Tools|Privacy Policy GCpedia site]]. ''NEED TO CONFIRM THIS''
==Meetings, Workshops and Presentations==
==Meetings, Workshops and Presentations==
ATIP Community Meeting – June 19, 2018
ATIP Community Meeting – June 19, 2018
* [[Media: 30 Day Response - June 19 - ATIP Community Meeting.PPTX|30-Day Response or Written Explanation Guarantee Presentation]]