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.
11:55 a.m.
Liberal
Anthony Housefather Liberal Mount Royal, QC
Thank you.
Can I ask the same question of the Competition Bureau, please? Could you respond to the same general questions?
11:55 a.m.
Chief Digital Officer, Competition Bureau Canada
We use the tools in question only with a search warrant that's been authorized by a judge, with the exception of one instance, where there was consent and a consent agreement was drafted. That's only happened one time.
We don't spy on Canadians. We don't install—
11:55 a.m.
Liberal
Anthony Housefather Liberal Mount Royal, QC
I want to make sure I understand.
So, whether I'm in Quebec City, Trois-Rivières, Montreal or Baie-Comeau, you can't see what's on my telephone. The Competition Bureau can't spy on me, can it?
11:55 a.m.
Chief Digital Officer, Competition Bureau Canada
No, we install no software on devices that we seize. In fact, the opposite is true: when we seize a device, we cut all connections and we can't even access the cloud because the information has to be protected. That's part of the procedure. So there's no surveillance activity targeting Canadians.
11:55 a.m.
Liberal
Anthony Housefather Liberal Mount Royal, QC
I'm going to put the same question to the representatives of Shared Services Canada.
So if you took my telephone because the court issued you a warrant, you wouldn't install any spyware, malware or other program on it to see what I'm doing after I get my phone back.
11:55 a.m.
Liberal
Anthony Housefather Liberal Mount Royal, QC
The only way you could look at what's on my phone would be to have the equipment in your possession, at a private laboratory. Is that correct?
11:55 a.m.
Chief Digital Officer, Competition Bureau Canada
Yes, it would be at a lab completely detached from the rest of the Competition Bureau or Government of Canada network.
Noon
Liberal
Noon
Conservative
The Chair Conservative John Brassard
Thank you, Mr. Housefather.
Since we were talking about Trois-Rivières, I give the floor to Mr. Villemure for six minutes.
Noon
Bloc
René Villemure Bloc Trois-Rivières, QC
Thank you very much, Mr. Chair.
Good afternoon, everyone, and welcome.
I am glad to have an opportunity to clarify this situation. As you know, we are here today following the publication of the CBC/Radio-Canada article reporting that 13 departments and agencies, including yours, had failed to assess privacy impacts.
So I'm going to put my question to each one of you: have you conducted a privacy impact assessment, yes or no?
Let's start with Mr. Mainville.
Noon
President, Shared Services Canada
No, but we've created an administrative investigation program, bearing privacy impacts in mind.
Noon
Bloc
René Villemure Bloc Trois-Rivières, QC
All right, but you haven't conducted a privacy impact assessment.
Noon
President, Shared Services Canada
No, we didn't do it any under the program developed when Shared Services Canada was being created. Currently, however, we have begun an assessment.
February 13th, 2024 / noon
Luc Casault Director General, Corporate Services, Transportation Safety Board of Canada
We've had an assessment for our program since it was put in place, but we haven't conducted an assessment for the tool itself. Following a conversation with the Office of the Privacy Commissioner of Canada, we decided to update the assessment for our program.
We've been doing this kind of data extraction for a long time. Since an assessment for our program had already been in place for some time, we didn't feel the need to conduct an assessment for the tool itself.
Noon
Bloc
René Villemure Bloc Trois-Rivières, QC
Did the commissioner recommend that you conduct the assessment for the tool, or was the one done for the program enough?
Noon
Director General, Corporate Services, Transportation Safety Board of Canada
The commissioner definitely recommended updating the assessment for our program.
Noon
Bloc
René Villemure Bloc Trois-Rivières, QC
All right.
Mr. Mainville, I'm coming to you.
Why didn't you conduct a privacy impact assessment?
Noon
Chief Digital Officer, Competition Bureau Canada
Our program was put in place before the privacy impact assessment directive was issued. That doesn't mean that privacy isn't important. When the directive was issued in 2010, we felt that our program hadn't undergone any major changes since it was established in 1996. In 2010, we were already using flip phones and devices in the Nokia and Blackberry lines. Then came smart phones, but we didn't think that adding those new, more advanced devices constituted a radical change to our program.
However, in response to the Privacy Commissioner's testimony and to news that came out in December, we contacted the Office of the Privacy Commissioner and started the process.
Noon
Bloc