Annual Report on the Administration of the Privacy Act 2013-2014
Patented Medicine Prices Review Board
Annual Report on the Administration of the Privacy Act
April 1, 2013 to March 31, 2014
Table of Contents
Copy of the report can be obtained from and enquiries directed to the Director of the Board Secretariat and Communications at:
Patented Medicine Prices Review Board
Standard Life Centre
Box L40
333 Laurier Avenue West, Suite 1400
Ottawa, Ontario K1P 1C1
Toll-free: 1 877 861-2350
Tel: (613) 954-8299
Fax: (613) 952-7626
E-mail: guillaume.couillard@pmprb-cepmb.gc.ca
www.pmprb-cepmb.gc.ca
Introduction
The Patented Medicine Prices Review Board (PMPRB; Board) became subject to the Privacy Act on June 14, 1990. Pursuant to section 72 of the Privacy Act, this document contains the Annual Report to Parliament on the administration of the Privacy Act for 2013-2014 by the PMPRB as submitted to the Minister of Health.
The purpose of the Privacy Act is to extend the present laws of Canada that protect the privacy of individuals with respect to personal information about themselves held by a government institution and that provide individuals with a right of access to that information.
About PMPRB and Mandate
The PMPRB is an independent quasi-judicial body established by Parliament in 1987 under the Patent Act (Act). The Minister of Health is responsible for the pharmaceutical provisions of the Act as set out in sections 79 to 103. Although part of the Health Portfolio, the PMPRB carries out its mandate at arm’s length from the Minister of Health. It also operates independently of other bodies such as Health Canada, which approves drugs for safety and efficacy; federal, provincial, and territorial public drug plans, which have responsibility for approving the listing of drugs on their respective formularies and determining price levels for the purpose of reimbursement; and the Common Drug Review, which provides listing recommendations based on cost-effectiveness to participating public drug plans.
The PMPRB has a dual role: regulatory and reporting. The mandate of the PMPRB is to ensure that prices at which patentees sell their patented medicines in Canada to hospitals, wholesalers and pharmacies are not excessive; and, to report on pharmaceutical trends of all medicines and on research and development spending by patentees.
Delegation of Authority
The Chairperson of the Board has delegated the responsibilities associated with the administration of the Privacy Act to the Director, Board Secretariat and Communications (BSCSP). As a result, Privacy requests are part of the BSCSP and operational responsibility for the application of the Act has been delegated to Guillaume Coouillard, Director, BSCSP, to act as Privacy Coordinator (Coordinator). Please refer to Annex A for the signed Delegation Order.
Organization Structure
The PMPRB is a small organization of 76 FTEs. Given that the PMPRB receives very few privacy-related requests, they are received and processed by the Coordinator who is responsible for reporting to the Chairperson of the Board on the disposition of the requests. The Secretariat of the Board is responsible for consultations with the applicants, other government institutions, third parties and the Office of the Privacy Commissioner.
The processing structure for the receipt of requests, review and retrieval of documents is established to ensure that incoming requests are registered with the Coordinator, and receipt is acknowledged to the applicant. The documents relevant to the request are retrieved by the Coordinator from the appropriate Branch. The Coordinator reviews and processes the information for disposition within the prescribed timeframe.
The Coordinator liaises and coordinates with the Treasury Board Secretariat (TBS), the Office of the Privacy Commissioner, and any other government department or agency. As well, the Coordinator is responsible for developing the corporate policies and practices related to privacy.
Statistical Report
The PMPRB received no request for personal information between April 1, 2013 and March 31, 2014. As well, the PMPRB received no request for consultation from other departments.
The NIL statistical report on Privacy-related requests for the FY 2013-2014 is attached under Annex B.
Interpretation of Statistical Report
The PMPRB received no formal requests for personal information in the last nine years. Several reasons might explain the absence of requests under the Privacy Act. First, informal requests for access to personal information by PMPRB employees are directed to Corporate Services (Human Resources). This is a structured channel of communication for PMPRB personnel in order to access their personal information. Also, as part of its mandate, the PMPRB does not collect or use personal information. It is highly unlikely that the general public would submit a request under the Privacy Act to access their personal information.
Privacy-related Training and Education
For the 2013-2014 reporting period, the PMPRB did not participate in any Privacy-related training sessions.
Privacy Complaints or Investigations
In 2013-2014, the PMPRB received no complaints with regard to Privacy nor was it the subject of investigations from the Office of the Privacy Commissioner.
Privacy Impact Assessment
In 2013-2014, no Privacy Impact Assessment (PIA) and no Preliminary Privacy Impact Assessment (PPIA) were conducted as there were no proposals for any new programs and services that could give rise to privacy issues.
The PMPRB is providing the assurance that there are no outstanding privacy implications associated with program and service delivery activities. The PMPRB clearly understands that any modifications to its program, services or information shared with other institutions will require an examination of potential risks related to the privacy issues.
About CIHI Data Sharing with PMPRB: the National Prescription Drug utilization Information System
Since 2001, pursuant to an agreement by the Federal/Provincial/Territorial Ministers of Health, the PMPRB has been conducting research under the National Prescription Drug Utilization Information System (NPDUIS). The purpose of the NPDUIS is to provide critical analyses of price, utilization and cost trends so that Canada’s health system has more comprehensive and accurate information on how prescription drugs are being used and on sources of cost pressures.
The Canadian Institute for Health Information (CIHI) is responsible for the collection of administrative claim-level data provided by public drug plans. CIHI’s Pharmaceuticals department uses this data to develop and maintain the NPDUIS database. This database is available in an Analytical Environment through a CIHI Secure Portal. CIHI has applied the required mechanism to protect the privacy and confidentiality of the personal information. CIHI de-identifies all of the data in accordance with its Privacy Policy and in accordance with agreements established with data providers.
Subject to and in accordance with the Data Access Agreement between CIHI and the PMPRB, PMPRB’s authorized users have “read-only access” to the NPDUIS database. The PMPRB does not collect or store claim-level data and has no means of relating the CIHI identifier back to an individual. The PMPRB accesses the NPDUIS database through the CIHI Secure Portal where the claim-level data is analyzed in an Analytical Environment. Both CIHI and the PMPRB take the necessary precautions to ensure that claim-level data in whole or in part does not leave the CIHI premises.
Disclosure
Subsection 8(2)(m) of the Privacy Act
During the reporting period, the PMPRB made no disclosures of personal information pursuant to subsection 8(2)(m) of the Privacy Act.
Annex A – Delegation Order
Pursuant to Section 73 of the Privacy Act, as amended
I, Mary Catherine Lindberg, Chairperson of the Patented Medicine Prices Review Board, a government institution as listed in Schedule 1 (Section 3) of the Act, DO HEREBY authorize GUILLAUME COUILLARD, Director, Board Secretariat, Communications and Strategic Planning, of the Patented Medicine Prices Review Board to exercise, perform and to carry out the duties, functions and powers of Access to Information Coordinator, as pursuant to Section 73 of the Act.
DATED in OTTAWA, in the province of Ontario, this June 24, 2014.
Mary Catherine Lindberg
Chairperson
Patented Medicine Prices Review Board
Annex B – Statistical Report on the Privacy Act
Reporting period: 2013-04-01 to 31-Mar-14
Part 1 – Requests under the Privacy Act
| |
Number of Requests |
| Received during reporting period |
0 |
| Outstanding from previous reporting period |
0 |
| Total |
0 |
| Closed during reporting period |
0 |
| Carried over to next reporting period |
0 |
Part 2 – Requests closed during the reporting period
2.1 Disposition and completion time
| Disposition of requests |
Completion Time |
| 1 to 15 days |
16 to 30 days |
31 to 60 days |
61 to 120 days |
121 to 180 days |
181 to 365 days |
More than 365 days |
Total |
| All disclosed |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Disclosed in part |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| All exempted |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| All excluded |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| No records exist |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Request abandoned |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Total |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
2.2 Exemptions
| Section |
Number of requests |
| 18(2) |
0 |
| 19(1)(a) |
0 |
| 19(1)(b) |
0 |
| 19(1)(c) |
0 |
| 19(1)(d) |
0 |
| 19(1)(e) |
0 |
| 19(1)(f) |
0 |
| 20 |
0 |
| 21 |
0 |
| 22(1)(a)(i) |
0 |
| 22(1)(a)(ii) |
0 |
| 22(1)(a)(iii) |
0 |
| 22(1)(b) |
0 |
| 22(1)(c) |
0 |
| 22(2) |
0 |
| 22.1 |
0 |
| 22.2 |
0 |
| 22.3 |
0 |
| 23(a) |
0 |
| 23(b) |
0 |
| 24(a) |
0 |
| 24(b) |
0 |
| 25 |
0 |
| 26 |
0 |
| 27 |
0 |
| 28 |
0 |
2.3 Exclusions
| Section |
Number of requests |
| 69(1)(a) |
0 |
| 69(1)(b) |
0 |
| 69.1 |
0 |
| 70(1)(a) |
0 |
| 70(1)(b) |
0 |
| 70(1)(c) |
0 |
| 70(1)(d) |
0 |
| 70(1)(e) |
0 |
| 70(1)(f) |
0 |
| 70.1 |
0 |
2.4 Format of information released
| Disposition |
Paper |
Electronic |
Other formats |
| All disclosed |
0 |
0 |
0 |
| Disclosed in part |
0 |
0 |
0 |
| Total |
0 |
0 |
0 |
2.5 Complexity
2.5.1 Relevant pages processed and disclosed
| Disposition of requests |
Number of pages processed |
Number of pages disclosed |
Number of requests |
| All disclosed |
0 |
0 |
0 |
| Disclosed in part |
0 |
0 |
0 |
| All exempted |
0 |
0 |
0 |
| All excluded |
0 |
0 |
0 |
| Request abandoned |
0 |
0 |
0 |
2.5.2 Relevant pages processed and disclosed by size of requests
| Disposition |
Less than 100 pages processed |
101-500 pages processed |
501-1000 pages processed |
1001-5000 pages processed |
More than 5000 pages processed |
| Number of requests |
Pages disclosed |
Number of requests |
Pages disclosed |
Number of requests |
Pages disclosed |
Number of requests |
Pages disclosed |
Number of requests |
Pages disclosed |
| All disclosed |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Disclosed in part |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| All exempted |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| All excluded |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Abandoned |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Total |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
2.5.3 Other complexities
| Disposition |
Consultation required |
Legal Advice Sought |
Interwoven Information |
Other |
Total |
| All disclosed |
0 |
0 |
0 |
0 |
0 |
| Disclosed in part |
0 |
0 |
0 |
0 |
0 |
| All exempted |
0 |
0 |
0 |
0 |
0 |
| All excluded |
0 |
0 |
0 |
0 |
0 |
| Abandoned |
0 |
0 |
0 |
0 |
0 |
| Total |
0 |
0 |
0 |
0 |
0 |
2.6 Deemed refusals
2.6.1 Reasons for not meeting statutory deadline
| Number of requests closed past the statutory deadline |
Principal Reason |
| Workload |
External consultation |
Internal consultation |
Other |
| 0 |
0 |
0 |
0 |
0 |
2.6.2 Number of days past deadline
| Number of days past deadline |
Number of requests past deadline where no extension was taken |
Number of requests past deadline where an extension was taken |
Total |
| 1 to 15 days |
0 |
0 |
0 |
| 16 to 30 days |
0 |
0 |
0 |
| 31 to 60 days |
0 |
0 |
0 |
| 61 to 120 days |
0 |
0 |
0 |
| 121 to 180 days |
0 |
0 |
0 |
| 181 to 365 days |
0 |
0 |
0 |
| More than 365 days |
0 |
0 |
0 |
| Total |
0 |
0 |
0 |
2.7 Requests for translation
| Translation Requests |
Accepted |
Refused |
Total |
| English to French |
0 |
0 |
0 |
| French to English |
0 |
0 |
0 |
| Total |
0 |
0 |
0 |
Part 3 – Disclosures under subsection 8(2)
| Paragraph 8(2)(e) |
Paragraph 8(2)(m) |
Total |
| 0 |
0 |
0 |
Part 4 – Requests for correction of personal information and notations
| |
Number |
| Requests for correction received |
0 |
| Requests for correction accepted |
0 |
| Requests for correction refused |
0 |
| Notations attached |
0 |
Part 5 – Extensions
5.1 Reasons for extensions and disposition of requests
| Disposition of requests where an extension was taken |
15(a)(i)
Interference with operations |
15(a)(ii)
Consultation |
15(b)
Translation or conversion |
| Section 70 |
Other |
| All disclosed |
0 |
0 |
0 |
0 |
| Disclosed in part |
0 |
0 |
0 |
0 |
| All exempted |
0 |
0 |
0 |
0 |
| All excluded |
0 |
0 |
0 |
0 |
| No records exist |
0 |
0 |
0 |
0 |
| Request abandoned |
0 |
0 |
0 |
0 |
| Total |
0 |
0 |
0 |
0 |
5.2 Length of extensions
| Length of extensions |
15(a)(i)
Interference with operations |
15(a)(ii)
Consultation |
15(b)
Translation purposes |
| Section 70 |
Other |
| 1 to 15 days |
0 |
0 |
0 |
0 |
| 16 to 30 days |
0 |
0 |
0 |
0 |
| Total |
0 |
0 |
0 |
0 |
Part 6 – Consultations received from other institutions and organizations
6.1 Consultations received from other government institutions and organizations
| Consultations |
Other government institutions |
Number of pages to review |
Other organizations |
Number of pages to review |
| Received during the reporting period |
0 |
0 |
0 |
0 |
| Outstanding from the previous reporting period |
0 |
0 |
0 |
0 |
| Total |
0 |
0 |
0 |
0 |
| Closed during the reporting period |
0 |
0 |
0 |
0 |
| Pending at the end of the reporting period |
0 |
0 |
0 |
0 |
6.2 Recommendations and completion time for consultations received from other government institutions
| Recommendation |
Number of days required to complete consultation requests |
| 1 to 15 days |
16 to 30 days |
31 to 60 days |
61 to 120 days |
121 to 180 days |
181 to 365 days |
More than 365 days |
Total |
| Disclose entirely |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Disclose in part |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Exempt entirely |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Exclude entirely |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Consult other institution |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Total |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
6.3 Recommendations and completion time for consultations received from other organizations
| Recommendation |
Number of days required to complete consultation requests |
| 1 to 15 days |
16 to 30 days |
31 to 60 days |
61 to 120 days |
121 to 180 days |
181 to 365 days |
More than 365 days |
Total |
| Disclose entirely |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Disclose in part |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Exempt entirely |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Exclude entirely |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Consult other institution |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Total |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Part 7 – Completion time of consultations on Cabinet confidences
| Number of days |
Number of responses received |
Number of responses received past deadline |
| 1 to 15 |
0 |
0 |
| 16 to 30 |
0 |
0 |
| 31 to 60 |
0 |
0 |
| 61 to 120 |
0 |
0 |
| 121 to 180 |
0 |
0 |
| 181 to 365 |
0 |
0 |
| More than 365 |
0 |
0 |
| Total |
0 |
0 |
Part 8 – Resources related to the Privacy Act
8.1 Costs
| Expenditures |
Amount |
| Salaries |
$2,000 |
| Overtime |
$0 |
| Goods and Services |
$9,266 |
| Contracts for privacy impact assessments |
$0 |
|
| Professional services contracts |
$9,266 |
|
| Other |
$0 |
|
| Total |
$11,266 |
8.2 Human Resources
| Resources |
Dedicated full-time |
Dedicated part-time |
Total |
| Full-time employees |
0.00 |
0.01 |
0.01 |
| Part-time and casual employees |
0.00 |
0.00 |
0.00 |
| Regional staff |
0.00 |
0.00 |
0.00 |
| Consultants and agency personnel |
0.00 |
0.00 |
0.00 |
| Students |
0.00 |
0.00 |
0.00 |
| Total |
0.00 |
0.01 |
0.01 |