Standing Committee on Access to Information, Privacy and Ethics

Comité permanent de l'accès à l'information, de la protection des renseignements personnels et de l'éthique

For immediate release

Ottawa, October 10, 2024 -

Today, the House of Commons Standing Committee on Access to Information, Privacy and Ethics, presented to in the House of Commons a report entitled Federal Government’s Use of Technological Tools Capable of Extracting Data from Mobile Devices and Computers.

The Committee’s study stemmed from a news article that revealed the use – by at least 13 federal departments and agencies – of tools capable of extracting personal data from electronic devices. The Committee heard that government institutions need these digital forensic tools to obtain the evidence required to fulfill their mandate. It heard that, in many cases, evidence is no longer found in physical spaces, but rather in the filing cabinets of the modern era: mobile devices and computers.

The Committee acknowledged in its report that technology is increasingly changing how personal information is collected, used, and disclosed and that these digital forensic tools can have a significant impact on privacy. Certain stakeholders raised concerns about the possible misuse of these tools, particularly in the context of internal administrative investigations involving federal employees. The Committee concluded that government institutions’ obligations under the relevant Treasury Board of Canada policies and directives could be clearer, and compliance could be higher. It also concluded, as reflected in the report’s recommendations, that the Privacy Act should be modernized.

The report contains a total of 14 recommendations, including five recommendations that were first made by the Committee in 2022, in its Device Investigative Tools Used by the Royal Canadian Mounted Police and Related Issues report, as well as nine new recommendations. Two key recommendations seek to amend the Privacy Act to make privacy impact assessments mandatory and to include the concepts of necessity and proportionality.

“On behalf of the Committee, I want to thank all the witnesses who appeared before the Committee,” stated John Brassard, Chair of the Committee. He added: “The Committee was unanimous in its recommendations to the government and of note, the need to modernize the Privacy Act. The new recommendations, including the five from a 2022 report are necessary to ensure Canadians have trust in their institutions when it comes to protecting their privacy.”

The Committee held six public meetings as part of this study. It heard from 32 witnesses, including federal government institutions representatives, the President of the Treasury Board of Canada, as well as academics and experts. The Committee also received one brief. The witness testimony heard by the Committee is available on the Parliament of Canada’s website: ETHI (ourcommons.ca).