Allegations against CSE for breach of consent and procedural fairness as part of security screening and hiring processes

NSIRA file: 07-406-04

The Complainant alleged that, as part of their security screening and hiring processes at CSE, CSE breached their consent and procedural fairness; squandered government resources; failed to use approved security screening tools that have been approved by TBS and undergone the required Privacy Impact Assessment; received verbal disclosures or slander from the Complainant’s former employer regarding their character; harassed them; denied them a security clearance; and cited suitability concerns as a technique to circumvent NSIRA’s jurisdiction under section 18 of the NSIRA Act with respect to complaints related to denials of security clearances. 

NSIRA concluded that the Complainant’s first allegation that CSE had breached their consent, and more specifically that CSE improperly used information the Complainant disclosed during their security interview for human resources and suitability purposes, was supported. The consent form signed by the Complainant in preparation for the security interview only contemplated the collection of information for the purpose of obtaining a security clearance. The evidence before NSIRA revealed that the Complainant was not advised prior to the security interview that the information collected could have been subsequently used for other purposes, including to assess their suitability for employment. Accordingly, NSIRA found that CSE had not complied with section 7 of the Privacy Act. 

With respect to the Complainant’s remaining allegations against CSE, NSIRA found that they were unsubstantiated by the evidence. 

In its Final Report, NSIRA issued two recommendations: 

  • That CSE review the consent form that is presented to and signed by candidates prior to a security interview as part of the security screening process, and amend it accordingly; and 
  • That CSE consider undertaking a Privacy Impact Assessment of its security interview questionnaire if one has not been conducted yet. 
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