Canada: Adopted Report of the Standing Committee on Access to Information, Privacy and Ethics on Federal Government's Use of Technological Tools

On 1 February 2024, the Report of the Standing Committee on Access to Information, Privacy and Ethics on Federal Government's Use of Technological Tools Capable of Extracting Personal Data from Mobile Devices and Computers was adopted by the Canadian Committee. In particular, the report emphasises the necessity for transparency, oversight, and privacy protection in the use of these tools. While federal institutions justified their use to keep pace with technological advancements and investigative needs, the report found that Privacy Impact Assessments (PIAs) were often either absent or outdated. PIAs are essential for assessing privacy risks, but confusion over when they are required leads to inconsistent implementation. This is particularly concerning given the powerful nature of digital forensic tools, which can extract vast amounts of personal data, including deleted files and metadata. The Privacy Commissioner of Canada, Philippe Dufresne, highlighted the need for stronger legislative requirements, proposing amendments to the Privacy Act to make PIAs mandatory before deploying high-risk technologies. Furthermore, he recommended that privacy be recognised as a fundamental right in both the public and private sectors, with government institutions obligated to consider privacy by design when developing new technologies. Moreover, the report concluded with several recommendations, including mandatory PIAs for all government institutions using digital forensic tools, clear guidelines for their usage, and stricter safeguards to protect personal data. Finally, it also suggested updating the Privacy Act to better reflect the digital era and the growing use of advanced technology.