Committee Report On Federal Government’s Use Of Digital Forensic Tools Suggests Amendments To Privacy Act

On October 10, 2024 , the Standing Committee on Access to Information, Privacy, and Ethics (the Committee) presented its report entitled “Federal Government’s Use of Technological Tools Capable of Extracting Personal Data From Mobile Devices and Computers” (the Report) to the House of Commons.  The Report outlines the findings from the Committee’s study carried out on federal government institutions’ use of “digital forensic tools”, which are technological tools capable of extracting personal data from mobile devices and computers.

The Committee’s study was prompted by an article published by Radio-Canada in November 2023, which revealed that at least 13 federal institutions were using digital forensic tools and the use of these tools had not undergone a privacy impact assessment (PIA).  In December 2023, following the release of the Radio-Canada article, the Committee adopted a unanimous motion to conduct a study on the federal government’s use of digital forensic tools.  Between February 1 to March 21, 2024, the Committee held six public meetings and heard from 32 witnesses, covering issues including how digital forensic tools are used by federal institutions, whether PIAs are conducted for these tools, and whether federal employees are informed of their use.

Based on the evidence presented, the Committee made 14 recommendations, most of which suggested amendments to the Privacy Act.  Some notable recommendations include making PIAs mandatory under the Privacy Act and increasing enforcement powers of the Office of the Privacy Commissioner of Canada concerning violations of both the public and private sector privacy acts.

Following the release of the Report, Philippe Dufresne, the Privacy Commissioner of Canada, issued a statement welcoming the Committee’s report and recommendations. In his statement, Mr. Dufresne emphasized the urgent need to reform the Privacy Act, pointing out that “the legislation has not been significantly updated since it was passed 40 years ago.”

The Committee has also requested a response from the Government regarding its Report.

Summary By: Victoria Di Felice