ETHI committee hears departments don’t use tools to spy on Canadians

Federal departments have forensic diagnostic tools that can be used for surveillance but they are only lawfully applied and never used outside the ministry staff, a parliamentary committee was told Tuesday. The House of Commons committee on access to information, privacy and ethics invited representatives of five departments and agencies to testify on the use of tools capable of extracting information. Sophie Martel, acting chief information officer at the Department of National Defence, told the MPs the ministry must walk a fine line when accessing information. “I would like to emphasize that the protection of personal information is a top priority and national defence is committed to doing everything possible to protect that information,” she stated. “However there has to be a balance. There’s only a limited expectation of privacy when using our IT system and mobile devices because they are subject to monitoring for the purpose of system administration, maintenance and security and to ensure policy compliance.” At Natural Resources Canada, also known as NRCan, the department has a licence for forensic diagnostic tools but has never deployed them. The assistant deputy minister and chief financial officer says the technology would only be used internally. It is critical for NRCan to ensure its core functions remain resilient and responsive to internal and external threats,” Francis Bisson told the panel. “Threats affect not only our digital data but our physical system and devices.” Martel backed up the claim that private citizens would not be caught up in the investigations by the military. “We investigate networks, not people,” she testified. During the second hour of the proceeding, representatives of the Canadian Border Services Agency (CBSA), the Correctional Service of Canada (CSC) and the RCMP all disputed that the tools they use can be characterized as spyware. “These tools are used on digital devices which are lawfully seized through criminal investigations,” RCMP deputy commissioner Bryan Larkin explained. “They obtain and analyze data on the device that is in the possession of the RCMP. We use judicial authorization, search warrants and general warrants that are required.” The Mounties have briefed the office of the privacy commissioner about their use of the tools. They are not used for mass surveillance, the deputy commissioner stated. Aaron McCrorie, VP intelligence and enforcement at CBSA, had his own comparison about the deployment of the technology. “I like to think of it as using a locksmith to open a locked box that has evidence within it,” he said. CBSA has been working on a privacy impact assessment (PIA) since 2020, McCrorie added. All material checked by the agency is investigated at CBSA labs. The assistant commissioner of correctional operations and programs for CSC, France Gratton, explained that cell phones and similar electronic devices are not allowed to be used by prisoners. If they are discovered, the devices are seized as contraband. But the ban applies only to inmates. “We do not use these tools to conduct investigations on devices that are owned by staff, visitors or volunteers,” Gratton stated. “The access to these tools is limited and controlled.” Towards the end of the hearings, NDP representative Matthew Green suggested that proceedings could be abbreviated and not take up all six days allotted to the committee. There was unofficial consensus that his proposal might work. Committee chair John Brassard, an Ontario Conservative, told the members that the next session will be Thursday with the CRTC among the agencies that will be testifying. –Reporting by Paul Park at ppark@thewirereport.ca and editing by Jenna Cocullo at jcocullo@thewirereport.ca.

ETHI committee hears departments don’t use tools to spy on Canadians

News | February 6, 2024

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ETHI committee hears departments don’t use tools to spy on Canadians

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