Canada’s electronic spy agency broke privacy law by sharing info: watchdog

Canada's electronic spy agency broke privacy laws by sharing information about Canadians with foreign partners, says a federal watchdog.

OTTAWA — Canada’s electronic spy agency broke privacy laws by sharing information about Canadians with foreign partners, says a federal watchdog.

The Communications Security Establishment passed along the information — known as metadata — to counterparts in the United States, Britain, Australia and New Zealand, said Jean-Pierre Plouffe, who keeps an eye on the highly secretive agency.

Metadata is information associated with a communication — such as a telephone number or email address — but not the message itself.

The Ottawa-based CSE uses highly advanced technology to intercept, sort and analyze foreign communications for information of intelligence interest to the federal government.

Documents leaked in 2013 by former American spy contractor Edward Snowden revealed the U.S. National Security Agency — a close CSE ally — had quietly obtained access to a huge volume of emails, chat logs and other information from major Internet companies, as well as massive amounts of data about telephone calls.

As a result, civil libertarians, privacy advocates and opposition politicians demanded assurances the CSE was not using its extraordinary powers to snoop on Canadians.

The spy agency is legally authorized to collect and analyze metadata churning through cyberspace, and it inevitably comes across data trails about Canadian messages and calls.

Privacy advocates have stressed that metadata is far from innocuous, as it can reveal much about a person’s online behaviour.

In his annual report for 2014-15, completed last year but made public only Thursday, Plouffe said certain CSE metadata activities raised legal questions that he continued to examine and assess.

In a statement, Plouffe said he has since completed that legal assessment.

In collecting metadata, the CSE is required to take measures to protect the privacy of Canadians.

Plouffe said the spy service discovered on its own that certain types of metadata containing Canadian identity information were not being properly “minimized” — removing potentially revealing details — before being shared with the CSE’s four key foreign partners.

The former head of the CSE informed the watchdog, as well as the defence minister, about the matter. CSE then suspended the sharing of this metadata with its partners.

After “careful examination,” Plouffe concluded that the CSE’s failure to strip out certain Canadian identity information violated the National Defence Act and therefore the federal Privacy Act as well.

Plouffe informed the defence minister and the attorney general of his findings.

The watchdog concludes that while the CSE’s actions were “not intentional” the spy agency did not exercise “due diligence when it failed to ensure that the Canadian identity information was properly minimized.”

In a statement, Defence Minister Harjit Sajjan, the cabinet member responsible for the CSE, said the metadata that was shared with Canada’s partners “did not contain names or enough information on its own to identify individuals” and that the privacy impact “was low.”

Nonetheless, Sajjan said the CSE will not resume sharing this information with partners until he is “fully satisfied” effective systems and measures are in place.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Provincial watchdog probes often don’t lead to charges against police

An analysis of data from civilian police watchdogs in Canada shows that… Continue reading

Germany finalizing plan to phase out coal energy

BERLIN — Germany’s parliament was preparing Friday to pass new legislation finalizing… Continue reading

Le Chateau starts work on producing 500,000 hospital gowns in Canada

MONTREAL — Le Chateau Inc. says it has started the manufacturing of… Continue reading

Brazilian cowboy to finish trek from Alaska to Calgary with Stampede honour

CALGARY — Brazilian long rider Filipe Masetti Leite is almost at the… Continue reading

Red Deer remains at two active COVID-19 cases

Alberta confirms 94 new cases over past two days

‘This year is unlike any other’: Trudeau delivers Canada day address

Sophie Gregoire Trudeau and the Prime Minister release video celebrating the national holiday

Michael Dawe: Canada Day festivities have been interfered with before

Because of the restrictions imposed as a result of the COVID-19 pandemic,… Continue reading

Save-On-Foods stores donate to Red Deer Food Bank

Thanks to some hungry central Albertans, the Red Deer Food Bank is… Continue reading

Canadian engineer released from Egypt needs treatment, family says

Canadian engineer released from Egypt needs treatment, family says

Inquiry into mass shooting in Nova Scotia facing delays due to ‘technicalities’

Inquiry into mass shooting in Nova Scotia facing delays due to ‘technicalities’

Quebec tractor driver charged after accident kills three children, injures seven

Quebec tractor driver charged after accident kills three children, injures seven

Military member arrested after truck rammed gate near Trudeau residence: RCMP

Military member arrested after truck rammed gate near Trudeau residence: RCMP

UK to end quarantine for travellers from ‘low-risk’ countries

UK to end quarantine for travellers from ‘low-risk’ countries

Officials: Students in Alabama threw COVID contest parties

Officials: Students in Alabama threw COVID contest parties

Most Read