BQ calls for study into use of tools capable of extracting data from phones

A Bloc Québécois MP is calling for an in-depth study into the federal government's widespread use of tools capable of extracting data from mobile phones, computers and tablets.

"I was stunned to learn that this is happening," said Trois-Rivières MP René Villemure, who plans to submit a motion to the Standing Committee on Access to Information, Privacy and Ethics, of which he is one of the two vice-chairs, asking for a study.

A Radio-Canada report revealed last week that 13 federal departments and agencies are using the technology during investigations, for example.

"I knew it was possible, technically speaking," Villemure said. "But seeing the list of departments that do this really blew me over."

His motion asks "that the Committee undertake a study on the use of technological tools capable of extracting personal data from telephones and computers in investigative processes carried out by several departments and agencies of the federal government; that the Committee is interested, in particular, in the reasons which justify the use of this investigative material by the various government institutions and in the privacy impact assessment process."

Privacy impact assessments required

A directive from the Treasury Board of Canada Secretariat requires all federal institutions carry out what it calls a privacy impact assessment (PIA) prior to any new activity that involves the collection or handling of personal information.

However, according to the departments' written responses to Radio-Canada's questions, none of them did.

The Bloc Québécois wants Treasury Board President Anita Anand and senior officials from the departments that use these tools to testify before the committee.

"There's a list of 13 organizations that may have failed to fulfil their obligations in terms of assessing the risks to privacy. We will ask each of them: 'What did you do? How did you do it? For what purposes?'" Villemure said. 

"With this, we will be able to evaluate whether there has been a violation or not."

• Federal use of personal data extraction tools raises 'grave concerns'

Some departments said a PIA wasn't necessary because they had already obtained judicial authorizations such as search warrants, which impose strict conditions on the seizure of electronic devices.

Others said they only use the technology on government-owned devices — for example, in cases involving employees suspected of harassment — in accordance with strict protocols regarding personal data protection.

However, such cases are also covered by the federal directive.

The Bloc will need the support of a majority of the members of the multi-party committee for its motion to be adopted.

Last year, Villemure's motion to study the use of spyware by the RCMP was unanimously accepted by the same committee.