Mr. Speaker, with the coming into force of the National Security Act, 2017, on June 13, 2019, Parliament provided CSIS with the authority to collect and retain datasets relevant to its mandate while implementing appropriate measures to ensure the privacy of Canadians.
As part of these measures, the Minister of Public Safety must determine annually, by order, the classes of Canadian datasets that the service may collect under section 11.05 of the CSIS Act. The minister may determine that a class of Canadian datasets is authorized to be collected only if the querying or exploitation of any dataset in the class could lead to results that are relevant to the performance of CSIS’s duties and functions. This includes the ability to collect intelligence regarding threats to the security of Canada, to take measures to reduce threats to the security of Canada or to collect foreign intelligence within Canada. This decision must then be reviewed and approved by the intelligence commissioner, or IC, before it can take effect.
In 2019, the Minister of Public Safety issued an order determining four classes of Canadian datasets. The IC found the minister’s conclusions to be reasonable and consequently approved the determination of these four classes. The titles of these classes of Canadian datasets are classified and have not been released publicly. In 2021, the minister again determined the same four classes with minor adjustments, to respond to recommendations from the IC. Again, in 2022, the minister issued a determination for these same four classes of Canadian datasets, which the IC again found to be reasonable. None of these determinations have ever been refused or rescinded by the minister or the IC.
CSIS is working closely with the Department of Justice to ensure correct implementation of the requirements of this new and complex authority. The service is working cautiously to implement the framework, which is built upon layers of oversight and review to ensure the privacy interests of Canadians are adequately protected as it fulfills its national security mandate