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, November 23, 2022 -

Today, the House of Commons Standing Committee on Access to Information, Privacy and Ethics, presented in the House of Commons a report entitled On-Device Investigative Tools Used by the Royal Canadian Mounted Police and Related Issues. During its study, the Committee examined the benefits and risks of the use of on-device investigative tools, the use of such tools by the RCMP, and legislative and non-legislative measures that could be considered to better regulate these types of tools in Canada. It also heard about the immense capacities of spyware.

The study confirmed that with respect to the use of new tools such as on-device investigative tools, an appropriate legal framework should be in place. As individuals who commit crime make more and more use of sophisticated technology, the appropriate legal framework should balance the need for law enforcement agencies to use new technological tools, with the right to privacy of Canadians.

The report contains 9 recommendations. The first recommendation is that the Government of Canada amend the Privacy Act to include an explicit obligation for government institutions to conduct privacy impact assessments before using high-risk technological tools to collect personal information and submit those PIAs to the Office of the Privacy Commissioner of Canada for assessment. Other recommendations include adding privacy by design and transparency requirements in federal privacy legislation.

“On behalf of the Committee, I want to thank all the witnesses who appeared before the Committee and shared their knowledge, time and expertise,” stated John Brassard, Chair of the Committee. He added: “In it’s deliberations, the Committee provided recommendations it believes reflects the seriousness of the issue in the digital age and how they need to be addressed by government, and calls for proactive engagement with the Privacy Commissioner to ensure that the rights of Canadians are being protected.”

The Committee held four public meetings and one in camera meeting as part of this study. It heard from 12 witnesses, including both the former and current Privacy Commissioner of Canada, representatives of the Royal Canadian Mounted Police, and other experts and stakeholders. It also received 2 briefs. The witness testimony heard by the Committee is available on the Parliament of Canada’s website: ETHI - Device Investigation Tools Used by the Royal Canadian Mounted Police (RCMP) (ourcommons.ca).