CSIS use of geo data questioned

OTTAWA— Canada’s spy agency may have broken the law by using peoples’ digital geolocation data without a warrant, a newly released watchdog report says.

The report, tabled in Parliament late Friday, says the Canadian Security Intelligence Service’s use of the data pinpointing physical locations risked breaching Section 8 of the Charter of Rights and Freedoms, which protects against unreasonable search and seizure.

The National Security and Intelligence Review Agency’s report found CSIS lacked the policies or procedures to ensure it sought legal advice to avoid unlawful use of the data.

It reveals the review agency submitted a report in March to Public Safety Minister Bill Blair describing the possible unlawful activity.

The agency must refer to the relevant minister any national security or intelligence activity that might not be in compliance with the law, and the minister must then forward the report to the attorney general.

Representatives of Blair and Attorney General David Lametti had no immediate comment.

“On a few occasions in recent years, CSIS used new collection techniques without first fully understanding and addressing their legal and policy implications,” the watchdog report said.

“In these cases, legal and policy work lagged behind the operational imperative to maintain and improve collection capabilities. This risked — and at times compromised — the lawfulness of the collection activity and the privacy of Canadians.”