Question Period Note: EXTENDING PRIVACY ACT TO MINISTERS’ OFFICES

In his annual report tabled on October 8, 2020, the Privacy Commissioner has recommended that the Privacy Act be extended to apply to Ministers’ Offices.

• We thank the Privacy Commissioner for his annual report to Parliament.
• The government is currently undertaking a careful review of the Privacy Act in preparation to introduce legislative reforms. The Government will continue to take into account the views of Canadians and stakeholders, including the Privacy Commissioner of Canada, as the review progresses.
• The government has also begun its review of the Access to Information Act as mandated by Bill C-58, adopted in the last Parliament.

In his annual report, tabled on October 8, the Privacy Commissioner discussed his inability to fully investigate a complaint that was made that the personal information of a judge being considered for appointment to the Supreme Court of Canada had been leaked to the press.

The Privacy Commissioner stated in his report that he was only able to investigate the complaint as against the Department of Justice and Privy Council Office, which are both subject to the Privacy Act. The Commissioner’s investigation concluded that there was no evidence that the Privy Council Office or the Department of Justice were responsible for any unauthorized disclosure of personal information. The Commissioner noted that he was unable to investigate the complaints against the Office of the Prime Minister and the Office of the Commissioner of Federal Judicial Affairs because the Commissioner has no jurisdiction to investigate complaints against bodies that are not listed in the Schedule to the Privacy Act, which these bodies are not.

Therefore, the Privacy Commissioner recommended in his report that the Government should amend the Privacy Act to apply to Ministers’ Offices so that the handling by these offices of personal information would receive oversight.

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