Reviews

Recommendation CSE Response

NSIRA Recommendation 1: CSE should obtain additional legal advice on its internal sharing of information between the foreign intelligence and cybersecurity aspects of the mandate, explicitly in relation to compliance with the Privacy Act. which thoroughly addresses the following two issues:

  • Whether the internal sharing of information between the foreign intelligence and cybersecurity aspects of the mandate is a use or a disclosure of information for the purposes of the Privacy Act: and
  • Whether uses and disclosures a re done in accordance with sections 7 and 8 of the Privacy Act.
CSE Response: Disagree. CSE does not accept recommendation 1. CSE has already received comprehensive and clear legal advice on this matter from the Department of Justice and has relied on that advice in the conductof its activities (which NSIRA has found lawful).
NSIRA Recommendation 2: All foreign intelligence and cyber security applications from the Chief of CSE should appropriately inform the Minister of National Defence that retained information might be used to support a different aspect. CSE Response:CSE has already implemented the recommended action. CSE notes that it had and continues to inform the Minister a bout the use of information for other aspects of its mandate. Applications for all foreign intelligence and cybersecurity Ministerial Authorizations in 2021-2022 included wording to clearly reflect that information collected under one aspect of CSE’s mandate could be used to support a different aspect.
Date Modified: