(OTTAWA) A culture of “resistance” to independent reviews at Communications Security Establishment Canada (CSE) is hampering efforts to ensure the cybersecurity agency follows the law, according to internal documents obtained by La Presse. Canadian.
The Office of National Security and Intelligence Review (OSSNR), a body charged with overseeing security agencies, expressed irritation in 2021, saying that “long-standing and systemic difficulties have harmed the ability of the OSSNR to adequately review national security activities at CSE”.
The two entities say that steps are underway to improve their relationship.
CSE monitors communications made abroad, be they emails, phone calls, text messages or satellite transmissions. It is also responsible for protecting Canadian computer systems and conducts cyber operations to counter outside threats.
The agency is a centerpiece of the information-sharing network known as the Five Eyes, formed by Canada, the United States, Britain, Australia and New Zealand.
The OSSNR released the internal documents last month under the Access to Information Act, after a request by Bill Robinson, a senior fellow at the University of Toronto Citizen Lab. Mr. Robinson had requested a copy of documents related to the discussions addressing the subject of CSE cooperation.
In January 2021, an OSSNR member expressed his concerns to former Defense Minister Harjit Sajjan, saying that the relationship between the two entities was not living up to expectations.
A report detailing the conversation says “emphasis was placed on lack of access to CSE information,” as well as response times that could add three months to the review.
The CST “requires a culture shift away from resistance, obfuscation, and defensiveness, and replacing them with cooperation, transparency, and positive engagement,” a 2021 memo states.
These difficulties “negatively affect our ability to fulfill our mandate and ensure the transparency and accountability of CSE’s activities.”
According to Mr. Robinson, these frustrations are worrisome, as “reviews are a crucial means of ensuring that these agencies work well and protect the rights of Canadians.”
Asked about this, the CSE stated that it had made changes in the past year.
The agency has restructured to better cooperate with independent reviews. A pilot project launched in March also gives the OSSNR access to documents.
The CSE maintains, however, that even before these changes, it responded to all requests for information from the OSSNR.
CSE deputy chief for powers, compliance and transparency, Nabih Eldebs, attributed the difficulties encountered to the newness of the OSSNR, which has only existed since 2019, which requires a period of adaptation.
He said his agency “clearly intends” to cooperate and has “worked hard to make it happen.”
Daniel Minden, spokesman for Defense Minister Anita Anand, said that Anand “takes OSSNR reviews very seriously and is keen to ensure that OSSNR receives the access it needs. needed to fulfill its mandate” and pointed out that the Minister has met with the heads of the organization on this subject.