Review Backgrounder
On August 23rd, 2019, the National Security and Intelligence Review Agency (NSIRA) presented the Minister of Public Safety and Emergency Preparedness with a classified report on its review of CSIS’s use of geolocation information.
In this review, NSIRA found that CSIS’s use of this geolocation data without a warrant risked breaching section 8 of the Canadian Charter of Rights and Freedoms (Charter), which protects against unreasonable search and seizure. On March 16, 2020, NSIRA submitted a report under section 35 of the NSIRA Act, to the Minister of Public Safety regarding the possible unlawful activity.
This review raised pressing questions regarding the use of publically available data, but that nevertheless engages a person’s reasonable expectation of privacy. NSIRA’s review examined the decision-making process that led CSIS to use this data without a warrant, and found that CSIS lacked the policies or procedures to ensure that, prior to using the data, CSIS sought legal advice to avoid its unlawful use.
The review was also an opportunity to note more broadly that, in this environment, ongoing legal support to CSIS’s data exploitation activities is essential in allowing CSIS to operate at an acceptable level of risk. It also noted that CSIS and the Department of Justice are expected to demonstrate institutional leadership in this regard.
Going forward, NSIRA will prioritize the scrutiny of CSIS’s use of technology, particularly new or emerging technologies that pose the greatest risks.
