Update on CSE Efforts to Address Recommendations

CSE has accepted and implemented, or is working to address, 95 percent (157) of the 166 recommendations made since 1997, including the five recommendations in reports this year. Commissioners track how CSE addresses recommendations and responds to negative findings as well as areas for follow-up identified in reviews. The Commissioner's office is monitoring 16 active recommendations that CSE is working to address – 11 outstanding recommendations from previous years and five from this year.

This past year, CSE advised the office that work had been completed in response to two past recommendations.

Last year, in the office's review of CSE's assistance to the Canadian Security Intelligence Service (CSIS) under part (c) of CSE's mandate regarding a certain type of reporting involving Canadians (summarized in the 2015–2016 annual report), the Commissioner recommended that CSE keep the Minister informed, on an annual basis, of its activities under part (c) of its mandate to transmit reporting involving Canadians from Five Eyes partners to CSIS. CSE addressed this recommendation by providing to the Minister a summary of these activities.

CSE also addressed a recommendation from the office's review of CSE's foreign signals intelligence metadata activities (summarized in the 2014–2015 annual report). That review revealed that CSE's system for minimizing certain types of metadata was decentralized and lacked appropriate control and prioritization. CSE also lacked a proper record-keeping process. Therefore, the Commissioner recommended that CSE use its existing centralized records system to record decisions and actions taken regarding new and updated collection systems, as well as decisions and actions taken regarding minimization of metadata involving Canadian identity information. CSE has advised that it has updated its information management processes for those areas responsible for collection systems with the objective of improving the record-keeping of decisions made and actions taken, particularly in regard to minimization. CSE will continue to examine these processes and improve as necessary through additional policy and business process changes. The Commissioner will also monitor these efforts.

The Commissioner reminded the Minister of one important outstanding recommendation summarized in the 2013–2014 annual report: that the Minister issue a new general directive to CSE that sets out expectations for the protection of the privacy of Canadians when CSE shares foreign intelligence. While information sharing with Second Party partners is an essential component of CSE foreign signals intelligence and other activities, it has the potential to directly affect the privacy and security of Canadians when a private communication or Canadian identity information is shared. The Minister has acknowledged that CSE is committed to addressing this as a priority.

The Minister has also acknowledged the Commissioner's encouragement for the government to hasten action on his 2015 recommendation to amend the National Defence Act and the Ministerial directive on metadata to provide explicit authority and more comprehensive direction for CSE's collection, use and disclosure of metadata.