Use of spyware | RCMP under criticism from Privacy Commissioner

The Royal Canadian Mounted Police (RCMP) should have a legal obligation to assess the impact of spyware on privacy before using it, says Privacy Commissioner Philippe Dufresne.

Joel-Denis Bellavance
The Press

Such an obligation would ensure that Canadians do not lose confidence in their institutions, argued Mr. Dufresne before a parliamentary committee on Monday.

But senior RCMP officers later argued before the same committee that such spyware was used as a last resort and on a very rare basis, often in the investigation of serious criminal offenses such as terrorism or murders.

Public Security Minister Marco Mendicino, for his part, clarified that law enforcement does not use the software. Pegasus, which has been banned by the United States Congress in the territory of the United States. The minister even said he was ready to formally prohibit the use of this spyware in Canada. This software was developed by NSO Group, an Israeli company, and has been used to spy on political leaders, activists and journalists – including the Saudi Jamal Khashoggi, who was assassinated in 2018.

“These technologies are used in a manner that complies with the Charter of Rights and Freedoms and privacy laws, among others,” insisted Minister Mendicino.

The commissioner was not consulted

The House of Commons Standing Committee on Access to Information, Privacy and Ethics was convened for a special business meeting after the RCMP admitted to using spyware to secretly get data from phone or computer. However, the police force did not consult the Office of the Privacy Commissioner beforehand.

And commissioner Philippe Dufresne believes that this must not happen again.

“Privacy is a fundamental right. This means that all institutions, including the RCMP, should consider privacy as a key consideration when designing and deciding to use any technology that could negatively impact the privacy of Canadians.” , he argued during his testimony.

“By considering the impact on privacy early on and consulting with our office, organizations can prevent privacy breaches from the outset and improve the tools that will be used to promote the public interest.” , whether it’s preventing crime, protecting national security or strengthening Canada’s competitiveness,” he said.

A suprise

Mr. Dufresne did not hide his surprise to learn through the media of the methods used by the RCMP to obtain information within the framework of the investigations it conducts. He said the RCMP must explain to him the ins and outs of its practices for using this software by the end of August. He indicated that it would have been much preferable for the police force to inform the Office of the Privacy Commissioner “upstream” so as not to worry the Canadian public.

Even though the RCMP obtained judicial authorization before proceeding with the use of this software in the context of its investigations, this does not take into account the criteria aimed at respecting people’s privacy, a fundamental right, according to the commissioner.

Created in 2016, the program is managed by the RCMP’s Secret Access and Intercept Team (EASI). This division is equipped with “on-device investigation tools”. Installed on “a targeted computing device”, these tools allow “the collection of electronic evidence from the […] secretly and remotely.

The RCMP confirmed the use of these methods in documents that were tabled in the House of Commons before the adjournment in June. But she did not want to indicate which software was used. At the start of this controversy, the RCMP indicated that they had used these methods on a dozen occasions.

However, RCMP Commissioner Brenda Lucki said in a letter to MPs who are members of the parliamentary committee that spyware has been used in 32 investigations involving 49 devices since 2017.

This information shocked the deputies, who accused the RCMP of lacking transparency. ” Its a question of confidence. […]. The RCMP refuses to divulge if it uses this kind of spyware on Parliament Hill against parliamentarians, against political staff, and against public servants,” cursed Conservative MP James Bezan.