While the RCMP says its use of spyware is lawful, there is "no doubt" the covert collection by police of personal and other information from Canadians' devices "is an extremely intrusive practice," sa
While the RCMP says its use of spyware is lawful, there is "no doubt" the covert collection by police of personal and other information from Canadians' devices "is an extremely intrusive practice," says former privacy commissioner Daniel Therrien.
"There is no question that this particular tool is extremely intrusive, more intrusive than traditional wiretap tools. It does not just record communications on the phone between person A and B. It sits on the phone, on the digital device of the individual,” he said.In order to maintain such a balance, Therrien said there "needs to be an extremely compelling public interest to justify the state being able to have that kind of information and use these tools.
Therrien, who was Canada's privacy commissioner between 2014 and 2022, told MPs on Tuesday he also learned about the spyware use at the same time as the rest of the country. Therrien added he was also surprised that given the years of public debate over lawful access and the issue of encryption, the RCMP did not inform him – in his capacity as the privacy commissioner -- of their ability to use spyware tools.
Hearings will be continuing Tuesday afternoon, with Privacy and Access Council of Canada President Sharon Polsky appearing next, followed by representatives from Citizen Lab and the Canadian Civil Liberties Association.According to RCMP Commissioner Brenda Lucki, the RCMP has used ODITs in 32 investigations to target 49 devices since 2017.
Privacy Commissioner Phillippe Dufresne made the case that the national police forces' belated disclosure of its use of such intrusive tools is a clear example of why Canada's privacy laws need updating to compel federal agencies to be upfront from the outset about plans to use any technology that could have privacy implications.
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