Welcome to the Privacy Session

1. Welcome to the Privacy Session • The Honourable Sheila Finestone, Committee Chair, House of Commons Standing Committee on Human Rights and the Status of Persons with Disabilities 1997, defines privacy well “ … is a core human value that goes to the very heart of preserving human dignity and autonomy. It is a precious resource because once lost, whether intentionally or inadvertently, it can never be recaptured.”

2. Information Sharing and Protection of Privacy Presented by: Don McColl, Senior Public Rights Administrator, NHQ Deborah Goble, Information Administrator, BCY Region Jennifer Mensink, Program Specialist, BCY Region February 2007

3. Session Overview* By the end of this session you will be able to answer the following questions: • What is Personal Information? • What are the Principals of the Privacy Act? • What avenues are there for the sharing of personal information? • Question/Answer time

4. History of the ATIP legislation* PRIVACY ACT • In 1978, the first Privacy Act was passed. It was part of the Canadian Human Rights Act. • Separated out in 1983. • Canada has strong ATIP legislation on the world stage ACCESS TO INFORMATION ACT • Enacted July 1, 1983. • Accountability Act contains minor revisions. • PERSONAL INFORMATION AND ELECTRONIC DOCUMENTS ACT • Enacted 2000 • Applies to private sector unless already governed by superior legislation • Provinces/Territories that have not passed adequate Privacy legislation.

5. Reasons for the Privacy Act* • To ensure the protection of personal information held by the federal government/central agencies • To provide individuals with access to their own personal information with possible corrections/omission when merited • To have control over its use and disclosure – further dissemination is limited and specific

6. Definition of Personal Information Information about an identifiable individual that is recorded in any form s. 3 (a)- (i) (a) Race, national or ethnic origin, colour, religion (b) Educational or medical history (c) Identifying number, symbol (d) Views or opinions of another individual about the individual DOES NOT INCLUDE: s. 3 (j)- (m) (j) identity of federal government employees (k) identity of someone under contract (m) identity of person dead more than 20 years

7. Right to your own information • The Privacy Act allows individuals to make a formal request for copies of all the information the government holds about them. Exceptions to this right are limited and specific. • S. 19 – information obtained in confidence • S. 22(1) – ongoing investigations • S. 26 – information about another person (including spouse, children 18 and over) • S. 28 – Medical Records

8. What is INFO SOURCE? • Informs the public what type of information CIC holds and to a certain extent how we use it • The annual InfoSource publication contains general information about CIC and all other federal government departments/central agencies • Program Records • Standard Program Records • Uses for sharing information • Personal Information Banks

9. Principals of Privacy Act Collections s. 4 • Directly from the individual concerned • Individual must be informed of the reason why the information is being collected • Information relevant to Department programs and services Use s. 5 • Reason why information was collected – e.g. relevant to the application of the Immigration and Refugee Protection Act (IRPA) • May be used for other purposes as long as those purposes are in line with section 8(2) of the Privacy Act

10. Principals of Privacy Act Disclosure s. 8 • 8(1) Consent from the individual section • 8(2)(a) Consistent Use • 8(2)(f) Memorandum of Understanding Section • 8(2)(m) Public Interest Retention/Disposal s. 6(3) • Retained for a minimum of two years after last administrative action, 6 years for financial information • CIC Retention and disposition schedule set out by LAC • If uncertain about retention or disposal procedures please contact your local CIC Records staff

11. Disclosure of Information 8(2) (f) * • MEMORANDUM OF UNDERSTANDING/AGREEMENT (MOU/MOA) -What are they? - Clearly define the expectations of both parties - Allow for disclosure without consent under 8(2)(f) - Contribution Agreements fall under 8(2)(f) - There are National and Regional MOU’s • Must be for administrative or enforcement of a law or a lawful investigation - Require privacy clauses - Request should be made in writing - file should reflect what was shared, to whom and when

12. OP 5 Manual* N.A.T. • The Matching Centre immediately forwards the information to the local CICs and POE. The local CIC sends the NAT to the sponsor and/or SPO. • Please review the NAT prior to sending to the SPO or private sponsor. It should only provide the medical condition, not the cause, when possible. JAS DMR The Local CIC will Note: Please note that only the information on the form will be forwarded by the local CIC to the SPO or the private sponsor, NOT the form itself. • Ensure that the private sponsor is informed of any medical conditions that they need to be aware of in order to more effectively assist the newcomer resettle in Canada.

13. Sharing Medical Information* In many instances, it might be necessary to inform settlement workers of the symptoms or objective signs and not the specific diagnosis. For example, it is important that a settlement worker be prepared to assist an applicant who is in need of a wheelchair or who is partially blind, but it is not necessarily essential that the settlement worker be made known of the disease behind the condition. [1] [1]Reference Citizenship and Immigration Canada Overseas Processing Manual 5 Modified 2006-08-04

14. Sharing Medical Information* Note: (Visa) Officers are asked to place an asterisk (*) against any information that should not be released to a sponsor. Such information may include information that the refugee has asked to be kept confidential as long as it would not impact on the sponsor’s decision; medical information that has not yet been provided to the refugee; or specific details concerning traumatic experiences (i.e., refugee can withhold fact the they have been raped but not the fact that trauma counseling may be needed); JAS form

15. Consent* • The IMM8 consent is to obtain medical information relative to admission decisions not for ongoing care or settlement purposes in Canada. • When sharing medical information regarding the client it is for the purpose of providing immediate services upon arrival to Canada (i.e. the requirement of a wheel chair). • It is important to inform the client that they need to disclose all their medical information to the medical practitioner. • If an applicant desires additional medical information, they should be advised to have their doctor contact CIC medical staff. Only medical staff may release information from a medical file. ( OP 5 16.2)

16. Sharing Medical Information* Supplemental Medical and Resettlement Needs Assessment Form IMM 5544B The local CICs will Ensure that the settlement service providing organization (SPO) impacted is informed of any medical conditions that they need to be aware of in order to more effectively deliver their services. [this is the medical condition not the cause of the condition] Please note that only the [relevant] information on the form will be forwarded by the local CIC to the SPO or the private sponsor, NOT the form itself http://www.ci.gc.ca/international/missions/messages/2004/04rim061a_e.aspx

17. Conclusion • Personal Information must be shared with caution. • You are responsible to know if you are authorized to share personal information and the various sharing instruments are 1) with informed, signed consent 8(1) 2) consistent use disclosure to further IRPA 8(2)(a) 3) an identifiable MOU/MOA 8(2)(f) • If uncertain you should contact your supervisor/manager or the ATIP expert in your Region/Area.

18. Practical Questions • Ask yourself: • 1) Why am I sharing this information? • 2) Does this information further the program I am responsible for administering? • 3) Is this a “nice to have” or a “need to know”. There is no avenue to share “nice to have”. • 4) How would I want MY personal informationhandled? What is Revenue Canada doing with my Tax file?