In addition, both countries were to provide immediate notification as soon as reasonably practicable, but no later than 24 hours after becoming aware, of any breach of the security of the information systems containing, or unauthorized use or disclosure of, any personal information. No such breach occurred. Canada and the United States remain prepared to cooperate with each other in conducting any review or audit of compliance.
Communications and Public Notification
For accountability and transparency purposes during Phase I, the CBSA and DHS developed communication plans and issued a joint news release notifying the public of the launch of Phase I. In addition, the Executive Summary of Canada's Phase I Privacy Impact Assessment and the U.S. Privacy Impact Assessment have been posted online.
Right of Access
Canada and the United States notified the public of the parameters of the collection of this information and, to the extent specified in their respective domestic laws and policies, provided persons who are the subject of information exchanged the opportunity to request access to personal information about themselves, as well as the opportunity to request correction of the personal information where the individual believed there is an error or omission. This was done through existing redress practices in the United States and through access to information practices in Canada.
The data quality of all fields can affect the accuracy of statistics, as well as trends and patterns derived from the data. Records, received through secure network exchange, were regularly reviewed to ensure that new and undiscovered data anomalies were recognized and the reasons for their occurrences investigated to ensure data quality was maintained. Of the 12 fields exchanged, Work Location/Port of Entry, Date of Entry and Time of Entry are system-populated fields; as such, they are considered to be insusceptible to data quality issues and were taken at face value.
Canada and the United States made reasonable efforts to ensure that the information shared was accurate, timely, and relevant. Both countries were prepared to take corrective action had they received notification from the other that there were inaccuracies in the information originally provided. To reinforce this concept, the data was exchanged in stages as described earlier to allow for continual improvement and application of lessons learned in subsequent stages. For example, out of scope data was inadvertently transmitted during the first exchange. However, the error was promptly detected and corrected through mutual collaboration, and the records were permanently deleted. Subsequently, no further out of scope data was transmitted.
Canada and the United States enjoyed a productive and synergistic working relationship during the development, implementation and post implementation of Phase I. Canada was able to gain immeasurable insight from the United States' sharing of information on their own current system, which resulted in both countries keeping costs to a minimum, and providing for the implementation of optimum border management practices in a less than ideal economic climate.
Phase I reinforced the value of the use of certain best practices, which contributed to the timely launch and success of this phase. These best practices include:
-- An Integrated Team from both countries formed joint working and sub- working groups governed by Terms of Reference; maintained joint issue and action logs; and developed a joint schedule that allowed for critical milestones to be met, as well as momentum and progress to be maintained on initial, critical planning and analysis;-- Continuous, robust and candid communications contributed to resolving issues in a timely manner;-- Involvement of technical, legal and policy personnel from both countries during project planning throughout Phase I ensured broad awareness and engagement;-- Effective Project and Program documentation aided both Canada and the United States in being able to move forward and provide effective upwards reporting to senior management throughout the process; and-- Continual work on refining filters to ensure future exchanges of biographic entry data remain in scope.
By June 30, 2013, the Beyond the Border Action Plan commits both countries to begin implementation of a program exchanging the biographic data of third-country nationals, permanent residents of Canada and lawful permanent residents of the United States, at all automated common land border ports of entry.
Beyond 2013, the U.S. and Canada will continue to move forward on their previously agreed objectives under the joint action plan.
(1) Third country national means a person who is not a citizen of Canada or a citizen or national of the United States under each country's respective laws. Of note is that citizens of Canada and citizens and nationals of the United States are out of scope for Phase I even though Canadian and U.S. citizens are foreign nationals to the other country. The use of the term third country national is meant to exclude citizens of either country.
(2) A person who is a permanent resident of Canada or lawful permanent resident of the United States, but who is not a citizen of Canada nor citizen or national of the United States.
(3) An Automated Common Land Border Port of Entry is a port of entry on the shared Canada-U.S. land border with a primary processing capacity to capture traveller (land, ferry and pedestrian) passage as an electronic record. This does not include large cruise vessels deemed to be sea crossings under the laws of Canada and the United States.
(4) This document can be found at: www.dhs.gov/xlibrary/assets/policy/beyond-the-border-action-plan-statement-of-privacy-principles.pdf
(5) The text of the Letter of Intent can be found at: www.cbsa.gc.ca/btb-pdf/loi-ldi-eng.html
Canada Border Services Agency