HRDC Dismantles Longitudinal Labour Force File Databank

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HRDC Dismantles Longitudinal Labour Force File Databank

May 29, 2000
FOR IMMEDIATE RELEASE
00-39

OTTAWA, ONTARIO - The Minister of Human Resources Development Canada, the Honourable Jane Stewart, announced today that following discussions with the Privacy Commissioner, HRDC's information databank for labour market and social programs, the Longitudinal Labour Force File (LLFF), is being dismantled.

With the dismantling of the LLFF, HRDC has eliminated the computer program used to link its information with information from the Canada Customs and Revenue Agency and data on social assistance from provincial/territorial governments.

LLFF information from the Canada Customs and Revenue Agency has been returned to that Agency. HRDC will review the information-sharing arrangements it has with provincial and territorial governments for research purposes. The Department's policy analysis and research data relating to its own programs will be kept as separate, secure and unlinked files; all personal information identifying individuals will remain encrypted.

"The Privacy Commissioner fully supports this decision, and the other measures we are taking to protect privacy," said Minister Stewart. "In a letter to my department Mr. Phillips has said that he accepts and supports these measures, and that they satisfy all the recommendations and observations outlined in his 1999-2000 Annual Report."

"The Privacy Commissioner acknowledges that there has never been a known breach of security with regard to this databank, and HRDC has been acting within the existing Privacy Act. However, given public concerns about privacy issues in this era of advanced and constantly changing technology, I have chosen an approach that addresses future threats to privacy."

The Minister announced a number of other measures to ensure that HRDC will continue to do high-quality analysis in support of policies and programs which serve Canadians while making the protection of their privacy paramount.

The Department will:

• establish a strict new protocol to govern any future policy analysis and research projects involving the linking of information from separate databases, and ensure that those projects use no personal information identifying Canadians;
  
  
• introduce measures to inform Canadians about the use of information collected from them by HRDC;
  
  
• recommend a legal protective framework (including penalties for misuse) which provides for the research requirements of HRDC. This will govern the future collection and uses of data and information being obtained from Canadians for use by HRDC. It will be done in a manner consistent with federal law, policies, procedures and outcomes of any Government of Canada review of the Privacy Act.

HRDC will work closely with the Privacy Commissioner and seek his input in implementing these actions. The Commissioner is monitoring the dismantling of the LLFF and the other actions being taken by the Department to strengthen privacy and security of information.

In addition, HRDC will establish an external advisory committee on the overall management of HRDC's policy analysis and research activities. The Office of the Privacy Commissioner will be represented on the committee, to advise on privacy issues. HRDC will report annually to the public on its policy analysis and research activities.

"Canadians expect programs that are well designed, continually improved, and responsive to their changing needs," said Minister Stewart. "They can be reassured by the actions I have announced today that we will continue to place their fundamental rights of privacy at the centre of how we manage our policy analysis and research activities."

For more information :

Brigitte Nolet
Press Secretary
Minister Stewart's Office
(819) 953-2353

Ghyslain Charron
Media Relations
(819) 994-5559

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BACKGROUNDER

HRDC's Measures to Strengthen Privacy of Information

The Longitudinal Labour Force File as a Policy Analysis Tool

Policy analysis and research are essential to ensuring that HRDC's social and labour market programs are effective, efficient and respond to changing needs and conditions.

Good information is the key to:

• understanding if government programs (e.g. Employment Insurance) are having their intended effects; and
• ensuring accountability of elected officials and public servants for the results achieved through the expenditure of public funds.

The Longitudinal Labour Force File (LLFF) was an HRDC databank made up of several component databanks which were linked for policy development and research purposes.

Information in the LLFF came from HRDC (employment insurance data), from Canada Customs and Revenue Agency, and from a number of provinces and territories (social assistance data). The information in the LLFF was provided to HRDC pursuant to relevant federal or provincial and territorial legislation, and comes from provinces and territories under data-sharing agreements.

The LLFF was used by HRDC to help design and improve programs such as assistance for Canadians seeking employment, the recent doubling of parental leave under Employment Insurance (EI), and the EI Family Supplement.

By using the LLFF, analysts could look at the impacts of a wide range of policy options, taking into account such factors as business cycle, changes in provincial/territorial policies, regional differences, gender, age, income and education.

The Privacy Commissioner's Report

In his 1999-2000 Annual Report, the Privacy Commissioner of Canada expressed concerns about HRDC's approach to the management of policy analysis and research information and data, regarding the Longitudinal Labour Force File.

Issues raised in the Report included the File's comprehensiveness, visibility, permanence, and the lack of a legal protective framework to govern its operation.

The Privacy Commissioner's report did commend HRDC for implementing numerous measures to date that address some of his specific concerns.

Strengthening Privacy

Given the concerns of the Commissioner and public concerns about privacy issues in this current era of advanced and constantly changing technology, HRDC is implementing a range of measures to ensure the Department has addressed present and future threats to privacy.

Understanding the importance of certain data for HRDC's policy analysis and research, the Department is implementing a new approach to managing the information it needs for this work. HRDC is taking strong measures to increase the transparency of HRDC research activities and data uses.

The Department's new approach is endorsed by the Privacy Commissioner. The Commissioner's office will be involved in monitoring progress and verifying implementation.

HRDC's actions include:

Dismantling the Longitudinal Labour Force File (LLFF)

Human Resources Development Canada is dismantling the LLFF.

HRDC:

• has eliminated the computer program that linked the various databases which comprised the LLFF;
• has returned the LLFF information which it had received from the Canada Customs and Revenue Agency (CCRA) to that Agency, which will maintain this information in the future and the authorization of future linkages with HRDC held data will be considered case by case;
• will remove personal identifiers on the Social Assistance Recipients databank used by researchers, and will review its management with provincial and territorial authorities with a view to strengthening protocols for future use;
• is ensuring that all HRDC databases (such as the employment insurance database) will be maintained as separate, secure and unlinked files with personal identifiers encrypted; and
• has asked the Privacy Commissioner's Office to monitor implementation of the above measures.

A new governance structure for future social and labour market policy research

Recognizing the privacy issues related to linking disparate databases of information that governments maintain about Canadians, HRDC is implementing a strict new governance approach for all future research projects involving the linking of separate databases. HRDC's processes will be modelled on Statistics Canada's practices.

The new governance structure will be guided by principles relating to the public interest, including confidentiality, transparency (uses and linkages), an assessment of the public good, avoidance of potential harm to particular groups, appropriate sample size, etc. Principles will be developed in conjunction with Statistics Canada and the Office of the Privacy Commissioner.

The new governance structure will require that all research using the linkage of separate databanks:

• is consistent with the public interest principles above;
  
  
• is based on detailed project proposals reviewed by a senior-level committee (including senior officials responsible for research and privacy);
  
  
• is approved by the Deputy Minister;
  
  
• includes consultations with specific groups that may be the focus of a particular study; and,
  
  
• receives the advice of the Privacy Commissioner.

Future linkages between individual government databases required for approved projects would be done only on the following basis:

• Linked files would contain no personal identifiers;
  
  
• Linked files would be constructed only with the specific information required for the project (e.g. elements, length of time, number of people etc.);
  
  
• Linked files would only be approved for a fixed time and would be returned and destroyed after research use; and,
  
  
• Intrinsically long studies would require built-in reviews at fixed intervals.

Greater transparency for Canadians

HRDC will create an external research advisory committee (with representation from the Office of the Privacy Commissioner to advise on privacy issues). The external committee will provide broad advice to the Department concerning HRDC's research programs.

HRDC will work with the Office of the Privacy Commissioner and other authorities to implement measures that ensure transparency to Canadians about the uses made of information collected for research purposes by the Department.

In addition, with the goal of better informing Canadians about the importance and uses of HRDC research, the Department will institute a process of annual public reporting on its social and labour market policy research activities.

Accountability for meeting our commitments

HRDC will recommend a legal protective framework (including penalties for misuse) which provides for the specific research requirements of HRDC. This will govern the future collection and uses of data and information being obtained from Canadians and utilized by HRDC. It will be done in a manner consistent with federal law, policies, procedures and the outcomes of any Government of Canada review of the Privacy Act.

HRDC will continue to seek the advice of the Privacy Commissioner as it implements this proposal.

In particular, the Commissioner will monitor the dismantling of the LLFF and HRDC's other related actions to strengthen privacy and security of information.

Requests for Personal Information Held in the Longitudinal Labour Force File (LLFF)

A number of requests have been received from Canadians for access to a copy of what information is held on them in the Longitudinal Labour Force File.

HRDC will respond as quickly as possible to these requests and is working with the Privacy Commissioner in doing so, particularly in order to ensure protection of privacy in responding to the requests.

To be processed, each request must include the individual's full name, address, postal code, telephone number and social insurance number (SIN) and cite the Privacy Act.

HRDC will send a letter to all individuals who have made a request, informing them of the process and timelines for responding to it. The Department will ask those individuals who did not provide their SIN # to supply it, as this is the only means to identify the right file associated with the requestor.

The letter will ask individuals to confirm their desire to receive the LLFF information held about them, given the dismantling of the LLFF databank.

To ensure the identity of the requestor prior to releasing the information, appropriate identification will be required from individuals when they pick it up at the local HRCC (photo ID and two other pieces of ID).

In responding to these requests, the Department will access data from the individual databases that were part of the LLFF. For requests received up until June 30, 2000, it will make arrangements with CCRA to provide information from the database returned to them. After this date, privacy requests will need to be made separately to HRDC and CCRA.

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May 27, 2000

 

Ms Claire Morris
Deputy Minister
Human Resources Development Canada
Ottawa, Canada
K1A 0J9

Dear Ms Morris:

Thank you for sending me your proposals for dismantling the Longitudinal Labour Force File and the additional measures you propose for managing your data holdings.

We accept and support these measures. They satisfy all the recommendations and observations that were outlined in my 1999-2000 Annual Report.

You may be assured of our continuing cooperation in the implementation of these measures.

I want to take particular note of the spirit of which our discussions have taken place and the clear demonstration of your determination to improve the supervision and management of your information systems in ways that strengthen the privacy rights of Canadians. I have no doubt that the public will welcome these measures.

Yours sincerely,

Bruce Phillips
Privacy Commissioner of Canada