Appearance before the Standing Committee on Access to Information, Privacy and Ethics (ETHI) of August 8, 2022

Study of Device Investigation Tools Used by the Royal Canadian Mounted Police (RCMP)

August 8, 2022

Briefing package for the Privacy Commissioner of Canada as witness before the Standing Committee on ETHI on August 8, 2022 on the study of investigation tools used by the RCMP.

Table of Contents

1. Commissioner’s statement
2. Issue sheets
3. Membership of the Standing Committee on ETHI
4. Proposed lines on current issues in the news and off topic questions the Commissioner might get from media or Members of Parliament
5. Royal Canadian Mounted Police response to Order Paper Question Q-566, June 23, 2022
6. Articles on On-Device Investigative Tools (ODIT)
7. Expectations: OPC’s Guide to the Privacy Impact Assessment Process
8. Treasury Board of Canada Secretariat’s Directive on Privacy Impact Assessment, Section 6.3
9. Treasury Board of Canada Secretariat’s Policy on Privacy Protection, Section 4.2.2
10. Privacy Act Section 71(1)(d), which authorizes the President of the Treasury Board to Adopt Policies Requiring the Preparation of Privacy Impact Assessments
11. Authority to Use On-Device Investigation Tools: Royal Canadian Mounted Police Act and Criminal Code
    1. Royal Canadian Mounted Police Act (R.S.C., 1985, c. R-10), Section 18
    2. Royal Canadian Mounted Police Regulations, 2014 (SOR/2014-281), Paragraph 14(1)(a)
    3. Criminal Code (R.S.C., 1985, c. C-46), Sections 185, 186 and 196
12. Chronology regarding warrant notification
13. Report of Findings in the RCMP’s Use of Clearview AI
14. Report of Findings in the RCMP’s Use of Cell Site Simulators
15. Protecting the Privacy of Canadians: Review of the Privacy Act. Report of the ETHI Committee. December 2016. Chapter 3.1: Criteria for the collection, disclosure, use and retention of personal information
16. Recommended Legal Framework for Police Agencies’ Use of Facial Recognition Technology: Joint Statement by Federal, Provincial and Territorial Privacy Commissioners, May 2022
17. Justice Canada. Respect, Accountability, Adaptability: A Discussion Paper on the Modernization of the Privacy Act
18. Global Privacy Assembly Resolution on Government Access to Data, Privacy, and the Rule of Law
19. Submission on Review of the State of Federal Laws on Broadcasting and Telecommunications, January 2019