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ETHI Committee Report

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LIST OF RECOMMENDATIONS

As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1

That the guidelines in the operational bulletin of the Canada Border Services Agency entitled Examination of Digital Devices and Media at the Port of Entry – Guidelines be written into the Customs Act.

Recommendation 2

That the threshold of “multiplicity of indicators” required for the search of electronic devices set out in the operational bulletin of the Canada Border Services Agency entitled Examination of Digital Devices and Media at the Port of Entry – Guidelines be replaced with the threshold defined in law of “reasonable grounds to suspect.”.

Recommendation 3

That the Government of Canada track the examination of electronic devices at border crossings and in airports, that statistics be compiled on these examinations and that updates be regularly given to the Privacy Commissioner of Canada in this regard.

Recommendation 4

That the Government of Canada

a) ensure that the act respecting the preclearance of travellers in Canada include privacy protections;

b) that the act respecting the preclearance of travellers in Canada require the threshold of “reasonable grounds to suspect” for examinations of electronic devices by officers in preclearance areas.

Recommendation 5

That the Government of Canada ask the Government of the United States to add Canada to the list of designated countries under the U.S. Judicial Redress Act.

Recommendation 6

That the Government of Canada work with its American counterparts to monitor the application of existing information sharing agreements with the United States in order to ensure that Canadian personal information remains protected following the signing of Executive Order 13768 and inform the Privacy Commissioner of any changes.

Recommendation 7

That the retention period for personal information be dependent on the Government’s policy objectives in collecting the information.

Recommendation 8

That the Government of Canada consider establishing internal privacy and civil liberties officers within the Canada Border Services Agency to monitor privacy issues at the agency level.