Information & Ethics committee  We've been informed that the PIA was done in 2021, and this is something that we're going to want to see. I don't know if we're going to see this at the end of August, but this is something that we will want to see.

Information & Ethics committee  What I know is that the office was involved in reviewing the facial recognition technology and the Clearview AI. We also had an investigation on the use of cell site simulator data. I don't know if my colleague has more information on PIAs that would have been proactively shared and discussed with us.

Information & Ethics committee  I'm not sure of the internal workings. This is a question that should be properly asked of the RCMP. I've seen the information they gave and the question on the Order Paper.

Information & Ethics committee  Again, I will want to know the details from the RCMP in terms of which warrant and which authority they are using. If it is part VI of the Criminal Code, there are more safeguards there in terms of authorization and notification to the person after the fact. This is going to be part of what we look at to see if it's enough and, if this is used, if it's this one, if we need to strengthen it with other means, but part VI in the Criminal Code does have a number of safeguards built in.

Information & Ethics committee  My concern is making sure that this type of technology is looked at from a privacy angle and that it be looked at carefully to ensure that it doesn't go further than it needs to in order to achieve the necessary public interest at play. This is something we'll be able to do once we see the details of the specific tools as well as the uses, the purposes and the safeguards.

Information & Ethics committee  It's not legally binding to the extent that a section of the act is, but it would be looked at in identifying the purpose of the act and in identifying sections of the act. The preamble is very helpful, so we would look to—

Information & Ethics committee  It's legally binding in the sense that it's going to be interpreted by courts in terms of how the statute and the sections of the act will apply. However, you would want sufficient protection in the sections themselves. If there is a lack of clarity or some elements need to be given some nuances, the preamble will assist in highlighting what the intention was.

Information & Ethics committee  In the context of this study—and there was the study on mobility data—there was a study that this committee did in 2016 on overall Privacy Act reform. There were a number of recommendations. The one that is very relevant here and that I'm reiterating is the one about having, in the act, a section requiring that organizations prepare privacy impact assessments when they are designing—

Information & Ethics committee  This idea is similar to why my office should be receiving notifications of these privacy impact assessments. There was a recommendation made, I believe by this committee, on not only requiring PIAs but also requiring reports, or more fulsome reports, on privacy management initiatives and privacy steps.

Information & Ethics committee  Parliamentarians, my office and stakeholders need to ask questions and examine the possible repercussions these tools have on privacy. You're right: there are a number of bills and initiatives. Organizations need to address privacy considerations in their plans and activities, and parliamentarians need to do the same when it comes to bills.

Information & Ethics committee  We said the same thing in relation to facial recognition technology: it's important to consider the safeguards in place. That includes the requirement to obtain judicial authorization before using spyware. My priority is to determine what the repercussions and implications of using the tools are, and to make recommendations based on the information provided by the RCMP.

Information & Ethics committee  Absolutely. Privacy impact assessments, in my mind, are an important tool for a culture of privacy, for a culture where privacy is top of mind. We are designing tools for organizations that are meeting many obligations and facing pressures. Time is limited for decision-makers and I understand that, but having that framework is about getting into this habit of asking questions: What is the impact on privacy?

Information & Ethics committee  That the PIA be done would be the legal requirement and that my office be consulted in appropriate cases; again, there may be situations where you have to manage the risk at play. There's also the sensitivity of the information. Situations have to be looked at on their facts. Our recommendation is that if it were a legal obligation, there would be more compliance.

Information & Ethics committee  A government entity's use of spyware raises privacy concerns right off the bat. That doesn't mean that it won't be allowed in situations where it's appropriate. As I said earlier, privacy is not an obstacle to the public interest, but it always has to be taken into account. Privacy is a fundamental right and needs to be taken into account.

Information & Ethics committee  This afternoon, you'll be hearing from RCMP representatives. I think they will highlight the fact that these tools are subject to oversight under part VI of the Criminal Code. In its response, the RCMP said that the use of these types of tools was subject to judicial authorization.