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ETHI Committee Report

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Appendix B: Access by Other Federal Institutions to Software Used to Extract Information from Digital Devices

 

On 1 February 2024, the Committee adopted the following motion:

That, in relation to the study on the use of tools capable of extracting personal data from telephones and computers by government institutions, the committee write to each federal department and agency not already named in the study and request that they confirm whether or not they have procured or have access to software used for extracting information off of electronic devices; and request that the response be sent to the committee no later than 10 business days after receipt.

The following table summarizes the responses received by the Committee from 54 federal institutions, some of which responded on behalf of a department and its agencies. Of these federal institutions, 17 responded in the affirmative when asked whether they have purchased or have access to software to extract information from electronic devices.

It is important to note that the software the institutions either purchased or reported having access to does not necessarily correspond to the specific digital forensic tools mentioned by the representatives of federal institutions who appeared before the Committee during the study, the most common being Cellebrite and Magnet Axiom/GrayKey.

Of the 17 institutions that said yes, only the Office of the Privacy Commissioner of Canada, the Courts Administration Service and Employment and Social Development Canada (ESDC) have purchased Magnet Axiom. ESDC indicated that it had purchased the software but had never used it. The Department of Justice and ESDC reported having purchased Cellebrite but, as with Magnet Axiom, ESDC reported that it had never used it. Other software that these institutions reported having access to included X-Ways, EnCase, FTK and RECON ITR.

Table 1—Access to a Digital Forensic Tool

Federal government Institution

Purchase or access to software used for extracting information off of electronic devices

Atlantic Canada Opportunities Agency (ACOA)

No

Bank of Canada

Yes

Canada Deposit Insurance Corporation (CDIC)

No

Canada Economic Development for Quebec Regions

No

Canadian Food Inspection Agency

No

Canadian Institutes of Health Research (CIHR)

Yes

Canadian Northern Economic Development Agency (CanNor)

No

Canadian Security Intelligence Service (CSIS)

Cannot respond

Agriculture and Agri-Food Canada

Yes

Farm Credit Canada

Yes

Canadian Dairy Commission

No

Canadian Grain Commission

No

Farm Products Council of Canada

No

Department of Canadian Heritage and its portfolio (except CRTC)

No

Immigration, Refugees and Citizenship Canada

Yes

Indigenous Services Canada

Yes

Canada Crown-Indigenous Relations and Northern Affairs Canada

Yes

Employment and Social Development Canada (ESDC)

Yes

Health Canada

Yes

Innovation, Science and Economic Development Canada (ISED) and its agencies

Yes

Department of Justice

Yes

Courts Administration Service

Yes

Office of the Information Commissioner of Canada

Yes

Office of the Privacy Commissioner of Canada

Yes

Military Grievances External Review Committee

No

Military Police Complaints Commission of Canada

No

National Defence and Canadian Armed Forces Ombudsman

No

Public Services and Procurement Canada (PSPC)

Yes

Transport Canada

No

Veterans Affairs Canada

Yes

Superintendent of Financial Institutions

No

Privy Council Office

No

Public Health Agency of Canada

Yes

Royal Canadian Mint

No

Treasury Board Secretariat

No

Canada School of Public Service

No

Communications Security Establishment (CSE)

Cannot respond

Federal Economic Development Agency for Southern Ontario

No

Federal Economic Development Agency for Northern Ontario

No

Department of Finance

No

Infrastructure Canada

No

Mortgage and Housing Corporation

No

Canada Infrastructure Bank

No

Windsor-Detroit Bridge Authority

No

Jacques Cartier and Champlain Bridges Incorporated

No

Public Prosecution Service of Canada

No

Agencies under Natural Resources Canada’s portfolio

No

Prairies Economic Development Canada

No

Canada Development Investment Corporation

No

Women and Gender Equality Canada

No

Financial Consumer Agency of Canada

No

Financial Transactions and Reports Analysis Centre of Canada (FINTRAC)

No

Parks Canada

No

Impact Assessment Agency of Canada

No

Source:  Table prepared by the Library of Parliament using responses obtained by the House of Commons Standing Committee on Access to Information, Privacy and Ethics from various federal institutions and Shared Services Canada.