Appearance before House of Commons Standing Committee on Access to Information, Privacy and Ethics (ETHI)

Table of Contents

  1. Introduction
  2. ATIP and Privacy Key Messages
  3. Declassification
  4. Duty of candour and accountability
  5. Outreach and Stakeholder Engagement
  6. Modernizing CSIS Authorities
  7. Intelligence and Evidence

CSIS Opening Remarks

April 25, 2023

Introduction

Good afternoon, Mr. Chair and Members of the Committee. My name is Nicole Giles and I am the Deputy Director and Senior Assistant Deputy Minister for Policy and Strategic Partnerships at the Canadian Security Intelligence Service (CSIS). Responsibilities for disclosure, access to information and privacy requests fall under my portfolio.

I would like to thank the Committee for inviting CSIS to be part of this important study. Transparency and accountability are core values for CSIS, and access to information and privacy systems are foundational for this. 

CSIS Mandate

First, I would like to briefly talk to you about CSIS’ mandate to help you put our activities in context. Our mandate and powers are defined in the CSIS Act, which guides everything we do.

We primarily investigate threats to the security of Canada; namely, espionage and attempted sabotage, foreign interference, terrorism and subversion.   

We provide information and advice to the Government of Canada on these threats, including through the production of intelligence assessments and reports. As well, CSIS may take measures to reduce threats to the security of Canada. 

CSIS also provides security assessments on individuals who require access to classified information or sensitive files within the Government of Canada as well as security advice relevant to the exercise of the Citizenship Act and the Immigration and Refugee Protection Act. Foreign intelligence collection within Canada is conducted by CSIS at the request of the Minister of Foreign Affairs or the Minister of National Defence.

Access to Information

Despite being an organization that must keep secrets, CSIS is not a secret organization. 

As a national security organization, many of our activities need to be protected from disclosure. The release of classified information can reveal sensitive sources, methodologies, and techniques, which can be detrimental – even work counter – to CSIS’ efforts to protect Canada and Canadians from national security threats. For this reason we take the protection of information very seriously. The release of classified information can jeopardize the integrity of our operations, pose risks to the physical safety and security of our human sources, as well as our employees, and hinder our ability to protect Canadians. 

This is why CSIS maintains robust mechanisms, such as oversight and review, and have policies and procedures which seek to safeguard information. This includes necessary segregation, safe handling, retention, and destruction practices. CSIS’ stringent policies are supported by regular training, as well as rigorous auditing, compliance and review.

While we need to keep secrets and protect information, we also need to be transparent. This presents a unique challenge for CSIS more so than for some other government organizations. The public’s right to access information is balanced against the legitimate need to protect sensitive information and to maintain effective functioning of government.

CSIS conducts line-by-line reviews to ensure we release as much information as possible, while protecting information that could be detrimental if disclosed. 

As you can imagine, line-by-line reviews take time. Despite this, CSIS has a strong record of providing high quality and timely responses to requests for information. For example, in 2021-2022, CSIS’s on-time compliance rates for Privacy Act and access to information requests was 94%. 

This is not unusual for CSIS: our access to information on-time compliance rate has stood in the mid-to-high 90s over the past decade. 

In addition, CSIS regularly publishes information as part of proactive publication requirements, as well as summaries of recent Access to Information Act releases to allow the public to access previously released records. 

Access to information and privacy requests are just one way CSIS communicates information to Canadians. Over the past several years, we have taken concrete steps to increase our transparency and engagement with Canadians. We communicate publicly through various resources, such as our annual public report and annual Access to Information and Privacy Act reports, publications in multiple languages, briefings to engage with provinces and territories, indigenous groups, the business sector, academia and community organizations, and social media engagement. 

All these transparency efforts are intended to better inform the population, since all Canadians have a role to play to protect Canada’s national security. 

Conclusion

CSIS constantly seeks to strike the right balance between promoting transparency and accountability in government institutions and protection of national security interests. As an Intelligence agency, CSIS faces unique disclosure challenges, which we strive to meet in the best interest of Canadians. I would be happy to take your questions now. Thank you. 

Privacy and ATIP

Key Messages

If pressed for more recent statistics

Impact of COVID-19

Exemptions and Redactions 

ATIA Privacy
Section of the Act Times invoked % Section of the Act Times invoked %
s.16 : Obtained or Prepared by an Investigative body performing lawful investigations 949 46 s.22 : Personal information obtained or prepared by an Investigative body performing lawful investigations 546 37
s.15 : Injurious to the conduct of international affairs, defence of Canada, or the detection/prevention/suppression of subversive/hostile activities 429 21 s.18 : Personal information contained in a personal information bank (exempt bank) 542 36
s.24 : Records where there are statutory prohibitions against disclosure (CSIS Act). (ex: CSIS Employee names/Sources) 292 14 s.21 : Personal information expected to be injurious to the Government of Canada in the conduct of International Affairs, and subversive/hostile activities and the defence of Canada 314 21
s.19 : Records containing personal information
176 6 s.26 : Personal information of individuals other than the individual who made the request 106

7

 

Audit and Quality Management

CSIS’ Access to Information and Privacy Section

Challenges

Bill C-58

Statistics

2022-2023 ATIP Stats

Note:  These are preliminary numbers and are not official statistics. As CSIS’ ATIP unit is still closing some 2022-2023 files, not all files are accurately captured in the below.

  Privacy Act Access to Information Consultations Received Informal Requests Total requests received Complaints received
2022-2023 1,486 1,275 128 929 3,828 36
2021-2022 1,183 844 120 719 2,866 44
% difference over 2021-2022 ↑ 51 % ↑ 26 % ↑ 6 % ↑ 31 % ↑ 34 % ↓ 22 %

Access to Information 2021-2022

Fiscal year Requests received Outstanding requests Requests closed Requests carried over Number of pages processed Number of pages released On-time compliance rate
2021-2022 844 84 752 176 45,243 17,428 94%
2020-2021 624 119 658 85 41,415 11,887 81%*
2019-2020 1,029 105 1,014 120 76,863 26,782 95%
2018-2019 1,146 143 1,181 108 40,146 16,304 98%

Exemptions 

In 2021-2022, the ATIP Section invoked 2,084 exemptions under the Act 

Section of the Act Type of Exemption Number of Times
Section 13 Records obtained in confidence from other levels of government 75
Section 14 Records expected to be injurious to federal-provincial relations 0
Section 15 Records expected to be injurious to the Government of Canada in the conduct of international affairs, the defense of Canada and subversive activities 429
Section 16 Records containing law enforcement, investigations and security information 949
Section 17 Records expected to threaten the safety of individuals 14
Section 19 Records containing personal information 176
Section 20 Records containing third-party information 1
Section 21 Records containing information related to the internal decision-making processes of government 122
Section 22 Records containing test procedures, tests and audits 3
Section 23 Records related to solicitor-client privilege 23
Section 24 Records where there are statutory prohibitions against disclosure 292
Section 26 Records where information is to be published within 90 days 0

Complaints

Privacy Act 2021-2022 

Fiscal year Requests received Outstanding requests Requests closed Requests carried over Number of pages processed Number of pages released On-time compliance rate
2021-2022 1,183 61 1,179 65 21,688 9,842 94%
2020-2021 725 62 725 62 38,188 8,895 87%*
2019-2020 844 73 854 63 25,427 10,267 96%
2018-2019 1,048 92 1,071 69 23,564 10,125 97%

In 2021-2022, the ATIP Section invoked 1,523 exemptions under the Act 

Section of the Act Type of Exemption Number of Times
Section 18 Exempting personal information contained in a personal information bank (exempt bank) 542
Section 19 Exempting personal information obtained in confidence 9
Section 21 Exempting personal information expected to be injurious to the Government of Canada in the conduct of international affairs, and subversive/hostile activities and the defense of Canada 314
Section 22 Exempting personal information obtained from an investigative body in the course of lawful investigations 546
Section 23 Exempting personal information obtained for the purpose of determining whether to grant security clearances 0
Section 25 Exempting personal information that could harm the safety of individuals 2
Section 26 Exempting personal information of individuals other than the individual who made the request 106
Section 27 Exempting personal information subject to solicitor-client privilege 4

Review Bodies

National Security and Intelligence Review Agency (NSIRA)
National Security Intelligence Committee of Parliamentarians (NSICOP)

PSAC Strike

Declassification

Key Messages

Duty of candour and accountability

Key Messages

Outreach and Stakeholder Engagement

Issue: How is CSIS engaging with external stakeholders, including on cyber threats?

Key Messages

Transparency

Public communications

Modernizing CSIS Authorities

Issue: What changes are necessary to CSIS’ authorities, and why?

Key messages

On specific amendments

Intelligence and Evidence

Key Messages

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