Summary of the Meeting of the National Security Transparency Advisory Group (NS-TAG) – April 4th, 2023

Held via Videoconference

Members Present:

• Lesley Soper (co-chair)
• Jeffrey Roy
• Daniel Jean
• Stéphane Leman-Langlois
• Mary Francoli (co-chair)
• Chantal Bernier
• Lorelei Williams
• Rizwan Mohammad

Members Absent:

• John Ariyo
• Amira Elghawaby

Meeting Theme:

• “The Use of Digital Tools in the Protection of National Security”

Invited Guests and Speakers:

• Brenda McPhail – Privacy, Surveillance, and Technology Project Director at Canadian Civil Liberties Association (CCLA)
• Christopher Parsons – Senior Technology and Policy Advisor, Information and Privacy Commissioner of Ontario as an individual
• Florian Martin-Bariteau – Associate Professor of Law and University Research Chair in Technology and Society, University of Ottawa; Fellow, Berkman – Klein Center for Internet and Society, Harvard University

National Security Community Members Present (as observers):

Canada Border Services Agency (CBSA), Communications Security Establishment (CSE), Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), Global Affairs Canada (GAC), Public Safety Canada (PS), Royal Canadian Mounted Police (RCMP), Transport Canada (TC), Canadian Security Intelligence Service (CSIS), Treasury Board of Canada Secretariat (TBS), Canadian Armed Forces (CAF), Department of National Defence (DND).

Agenda:

• Opening of the meeting and roll call
• Briefing on privacy and surveillance with Brenda McPhail
• Briefing and Q&A with the Council of Canadian Academies (CCA) on public safety in the digital age and their report on “Vulnerable Connections” with Christopher Parsons and Florian Martin-Bariteau

Meeting Summary:

The twenty-fifth virtual NS-TAG meeting took place on April 4th, 2023, on the theme “The Use of Digital Tools in the Protection of National Security”. This session explored the importance of privacy in national security and the intersection between privacy, policy and the law. The speakers shared their insights on the ways in which the national security community could mitigate against privacy-related problems that could arise from emerging technologies.

Key Takeaways of the Discussion Session:

• The guest speakers emphasized the need for modernized federal laws and procedures that acknowledge that privacy is both a fundamental individual right and a social right.
• The speakers urged the development of an advisory body to create national standards on the use of emerging technologies. This advisory body should comprise diverse expertise and engage in careful deliberation concerning the potential infringement of various Charter Rights, including equality; freedom of expression; and life, liberty, and security. These discussions can serve as a foundation to develop practical guidance for stakeholders interested in utilizing technology involving Canadian data concerning Canadian residents.  
• Members of the NS-TAG, however, expressed that creating advisory bodies to address privacy issues could divert attention away from those who are federally responsible for privacy accountability.
• The guest speakers added that the public is becoming increasingly invested in, and aware of, privacy-related issues. Hearing the public’s views and concerns regarding the services used to protect their individual privacy is critical for enhancing trust.
• The speakers noted that technological advancements are creating challenges for law enforcement’s ability to keep pace with the sophistication of crimes. The justice system is also facing challenges applying legal frameworks, such as the Criminal Code, to harmful online behaviour. However, not all online behaviour should be criminalized or is best addressed through government regulation or statues.
• The speakers emphasized that national security agencies must create approaches that are effective and responsive, such as investing in ways to address online harms, while creating policy tools that protect privacy and human rights.
• While members of the NS-TAG acknowledged that both the private sector and the Government of Canada are working to prevent online harms, they also expressed concern that the private sector could be contributing indirectly to these harms. Members expressed the need for solutions to address this issue.
• The discussion concluded with the guest speakers reiterating that spaces should be created to encourage public discourse on emerging technologies. Community dialogue and engagement integrate the public into the legislative process, thereby helping the government to create better regulations, and by extension, build safer environments.