Evidence of meeting #103 for Access to Information, Privacy and Ethics in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was information.
A recording is available from Parliament.
Noon
Chief Digital Officer, Competition Bureau Canada
Yes. It was actually for the entire computer forensic program.
Noon
Bloc
René Villemure Bloc Trois-Rivières, QC
Will there be an assessment for the tool or will it be just an assessment for the program?
Noon
Chief Digital Officer, Competition Bureau Canada
From what I understand, the assessment concerns the program and the way personal information is handled. The tool that will be used to do the same work may change, so it's not necessarily the tool that has to undergo an assessment. The recommendation is to proceed with the assessment for an activity or program. In our case, we chose to conduct the higher-level assessment for the computer forensic program.
Noon
Bloc
René Villemure Bloc Trois-Rivières, QC
The world changed between 1996 and 2010 and between 2010 at 2024. The Internet appeared, along with social media, and now we're able to do new things.
You told us you didn't use those tools without judicial authorization. I understood that, but judicial authorization doesn't replace the privacy impact assessment or the Privacy Commissioner's advice.
In that case, why the delay?
Noon
Chief Digital Officer, Competition Bureau Canada
That's a very good question.
I followed all the committee's meetings and noticed that something hadn't yet been mentioned, and that was the jurisprudence issue. During the periods that you mentioned, many cases became precedents, and we had to adjust to that. For example, we had to go and see a judge to have him sign a search warrant. If we had used the same charges as in 2000, he definitely wouldn't have signed the warrant. Consequently, we're forced by the case law to adjust the way we work, to the point where we have to explain to the judge how we're going to handle the information in order to gain his trust so he can sign the search warrant.
So we adjust as the case law evolves. We also attend a number of annual symposia that people from the public and private sectors attend.
12:05 p.m.
Bloc
René Villemure Bloc Trois-Rivières, QC
Pardon me for interrupting, but my speaking time is limited.
Do you agree that the case law and the warrant obtained don't replace the privacy impact assessment?
12:05 p.m.
Chief Digital Officer, Competition Bureau Canada
I absolutely agree on that.
12:05 p.m.
Bloc
René Villemure Bloc Trois-Rivières, QC
All right.
Mr. Jones, when you requested those tools, you decided to purchase them. So you were the intermediary.
As the tool provider, were you concerned about the need to conduct a privacy impact assessment?
12:05 p.m.
President, Shared Services Canada
Thank you for that question.
The purchase of the tool is one thing; what's most important is how the tool is used. The tool may be used for several purposes. In our case, for example, we use it to retrieve the information we need to meet requests.
12:05 p.m.
Bloc
René Villemure Bloc Trois-Rivières, QC
If the Competition Bureau asks you for the tool, Shared Services Canada will purchase it, since that's what the department does. However, Shared Services Canada doesn't worry about what the Competition Bureau does with the tool.
12:05 p.m.
Bloc
René Villemure Bloc Trois-Rivières, QC
So when you don't have any relations concerning privacy, it's for your own operations.
12:05 p.m.
Conservative
The Chair Conservative John Brassard
Thank you, Mr. Villemure and Mr. Jones.
Mr. Green, you have six minutes. Go ahead, please.
12:05 p.m.
NDP
Matthew Green NDP Hamilton Centre, ON
Thank you.
I want to follow up on that and make sure I'm clear.
Mr. Jones, earlier you stated that your department consolidated contracts through whichever other departments would use the technology.
Is that correct?
12:05 p.m.
NDP
Matthew Green NDP Hamilton Centre, ON
In that, you would be responsible for the procurement but not the implementation of the technology.
Is that correct?
12:05 p.m.
NDP
Matthew Green NDP Hamilton Centre, ON
What would be the purchase order line on this type of technology?
Maybe Mr. Mills....
12:05 p.m.
President, Shared Services Canada
We'd have to get back to you.
Typically, what I've seen in the past is that something like this would have a standing offer. We would say, “These are available; we've competed this,” and then it would be a request—
12:05 p.m.
NDP
Matthew Green NDP Hamilton Centre, ON
We know of 13.
Mr. Mills, I'm going to put this question directly to you.
How many times has this technology been procured through Shared Services?
12:05 p.m.
Daniel Mills Assistant Deputy Minister, Enterprise IT Procurement and Corporate Services Branch, Shared Services Canada
These tools have been purchased through the Shared Services Canada supply chain since the department has existed. We renew contracts with the various institutions on an annual basis.