Marco Mendicino has defended the RCMP's use of spyware, saying it has "strict protections" in place.

Mendicino said specially trained officers were used to provide the judge with detailed requests for warrants. He said it was only used in serious cases involving terrorism

Minister of Public Security Marco Mendicino attending the House Committee on Access to Information and Privacy, 8 August 2022. Photo by parlvu.parl.gc.ca

Ottawa – Public Safety Minister Marco Mendicino defends RCMP use of spyware But he told the MP that while the technology has been used sparingly and always with judicial approval, it has become necessary due to the use of encryption among criminals.

Mendicino testified before the House Committee on Access to Information and Privacy on Monday. Earlier this month, it was revealed that the RCMP used what it calls an "on-device investigation tool" or spyware so that it could read text his messages and other items on a mobile phone during an investigation. .

RCMP officials have also confirmed that in some cases, cell phone microphones and cameras can be turned on to listen covertly.

Mendicino said the tools were to be used judiciously and required prior approval by a judge.

"There are strict safeguards in place prior to approval of this particular technology, including an application that must be submitted to a Superior Court judge," he told MPs.

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According to RCMP officials, the tool has been used in 32 investigations since 2017, monitoring 49 devices. I wasn't using the Pegasus software made by a controversial Israeli company.

  1. Commons Commission Investigating Use of Spyware by RCMP

  2. Privacy watchdog calls for laws restricting police use of facial recognition

Mr. Mendicino Specially trained investigators were used in the investigation and provided the judge with detailed requests for warrants. He said it was only used in serious cases such as terrorist crimes, but has become necessary.

"Currently, a central challenge for all national actors in the business of protecting Canadian citizens is the increasing challenge of complex cryptography aimed at subverting law enforcement. there is,' he said.

Privacy His commissioner Philippe Dufresne said through media reports last month that he heard that the RCMP was using these tools, he said MP told to He said the RCMP should have contacted his office beforehand. He said that not being outspoken about using technology only creates suspicion.

"It would be desirable if a privacy impact assessment was done on the front end where my office is consulted, and that this is communicated to Canadians in some way so that Canadians can feel at ease. much more desirable," he said.

Mendicino agreed that his Privacy Commissioner should have been briefed in advance and said he would welcome ideas from his MP to improve the process.

"It is disappointing that the Privacy Commissioner reported that it was aware of the use of this particular investigative technique in the media," he said. “We should always have an open discussion about how we can raise the bar.”

Governments are reviewing and updating privacy laws. Dufresne said he hopes to change the law to require a privacy impact assessment before government departments use new technology.

He said that since news of the military's use of spyware broke last month, they have been contacting the RCMP about surveillance tools and will meet later this month about the program.

NDP MP Matthew Green told the RCMP that he should speak with the Privacy Commissioner before starting to use technology that violates the privacy of Canadians.

"The Privacy Commissioner appears to have a meaningful role to play, so there is no need for this Commission to undertake a follow-up investigation."

By RCMP officials And the warrants for using spyware are always very specific, with details about rules about who can be spied on and issues like client privileges of lawyers that the military needs to respect.

They also have a provision by law to allow the use of tools without a warrant in an emergency, but for now such said never.

"All of these 32 investigations had judicial clearance," the sergeant said. Mounties Technical his Dave Cobey in his service department.

Cobey told his MP that it was used for the most serious crimes.

``It falls into several different types. Most investigations are related to terrorism or serious drug trafficking investigations.

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