Foreign Intelligence Authorization

(section 13 of the IC Act)

What does it authorize?
A foreign intelligence authorization allows CSE to collect foreign intelligence in ways that would otherwise violate the laws of Canada or breach the reasonable expectation of privacy of Canadians or persons in Canada

Why is it required?
As part of its mandate related to foreign intelligence, CSE may acquire, covertly or otherwise, information from or through what is known as the “global information infrastructure” (GII). Basically, the GII includes the Internet, computer and telecommunications networks, and associated devices. Information collected from the GII that has foreign intelligence value is used and analysed by CSE, and shared in accordance with Government of Canada intelligence priorities.

When undertaking its activities, CSE must abide by conditions set out in the CSE Act: the activities must not be directed at a Canadian or at any person in Canada and must not infringe the Canadian Charter of Rights and Freedoms (Charter).

However, the legislation recognizes that to effectively collect foreign intelligence, CSE may need to contravene Canadian law. The legislation recognizes as well that CSE may unintentionally collect information that would infringe on the reasonable expectation of privacy of a Canadian or a person in Canada. Therefore, before CSE can proceed with foreign intelligence collection that may violate the laws of Canada, or inadvertently infringe on privacy, it must obtain a foreign intelligence authorization.

Why is the IC's role important?
The IC ensures that the foreign intelligence activities that would otherwise fall outside the limits of Canadian law are conducted in a way that is reasonable, proportionate and include measures that limit the impact on the privacy of Canadians.

How does CSE obtain it?
The Chief of CSE submits an application to the Minister of National Defence that describes the reasons the authorization is needed and the foreign intelligence activities or classes of activities that CSE wants to conduct. It also identifies Acts of Parliament that may be contravened by CSE when conducting the activities under the authorization.

The Minister issues the authorization when they have reasonable grounds to believe that the authorization is necessary; the proposed activities are reasonable and proportionate considering the purpose and nature of the activities; and all other statutory conditions have been met.