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Unveiling CBC’s Hidden Device Protocols – Is This Unsanctioned Electronic Surveillance?
If someone records your actions or statements with hidden cameras or microphones, it doesn’t necessarily constitute unsanctioned electronic surveillance. According to CBC.ca, journalists can legally conduct undercover investigations using electronic devices. Furthermore, they have permission to conduct interviews without identifying themselves as journalists or enlisting others to gather information covertly.
CBC Guidelines
According to www.cbc.ca (2017), CBC journalists adhere to strict guidelines concerning undercover investigations. In fact, this involves the use of clandestine methods to gather information. These methods, outlined in CBC’s Journalistic Standards and Practices. First, encompass recording scenes or statements with hidden cameras or microphones. Afterward, conducting interviews without identifying oneself as a journalist, or enlisting others to gather information covertly.
Journalistic Protocol: Verifying Illegal Activity in Private Spaces – Unsanctioned Electronic Surveillance
Prior to employing clandestine methods, CBC journalists must ensure their methods serve the public interest. They must also comply with the law. They consult with editorial management to determine the method’s purpose and whether they intend to use the gathered material for research or publication.
In public places, we may observe behavior of public interest without altering participants’ conduct. For recordings made in such places CBC may conceal recording equipment. However, in private spaces with restricted access, journalists must have credible information indicating illegal or antisocial activity. They consult with management to assess the situation and ensure compliance with legal restrictions.
Recorded material is carefully evaluated and must be approved by a Director before broadcast or publication. Approval may be warranted for material documenting behavior in public places or revealing illegal activity or abuse of trust. In cases of recordings made by third parties, authenticity and legality are verified before publication.
Journalists may conceal their identity, posing as ordinary citizens when they are conducting undercover surveillance
Journalists may conceal their identity in certain circumstances to investigate matters of public interest, posing as ordinary citizens. However, this approach is subject to consultation with senior news management and consideration of legal implications. Infiltration or the use of false identities requires credible sources indicating illegal behavior or abuse of trust, along with confirmation that an open approach would be ineffective. Beforehand, employees submit plans for such actions to the General Manager and Editor in Chief for approval.
13 Canadian Federal Departments Utilize Personal Data Extraction Tools
According to www.cbc.ca (2023), contracts obtained under access to information legislation and shared with Radio-Canada, 13 federal departments and agencies in Canada are utilizing tools capable of extracting personal data from phones or computers.
An investigation by Radio-Canada uncovered that these departments did not undergo a privacy impact assessment as mandated by federal government directives before using these tools.
These tools can conduct hidden electronic surveillance. They have the capability to retrieve and analyze data from computers, tablets, and mobile phones, including encrypted and password-protected information such as text messages, contacts, photos, and travel history. Additionally, certain software can access cloud-based data, internet search history, deleted content, and social media activity.
Although some departments have confirmed the past acquisition of these tools, they claim to have ceased their use. Evan Light, an expert in privacy and surveillance technology, expressed shock at the widespread utilization of such software within the federal government, stating his expectation of their use only by law enforcement agencies.
Shared Services Canada purchased the tools and equipment from suppliers such as Cellebrite, Magnet Forensics, and Grayshift (which merged with Magnet Forensics). These companies assert that they strictly control their technologies to ensure lawful usage.
Federal Departments Fail to Conduct Privacy Impact Assessments Despite Directive
Despite a directive from the Treasury Board of Canada Secretariat requiring federal institutions to conduct privacy impact assessments before engaging in activities involving personal information collection or handling undercover electronic surveillance, none of the departments using the software reported having done so. The Department of Fisheries and Oceans stated its intention to conduct the assessments.
Philippe Dufresne, Canada’s Privacy Commissioner, emphasized the importance of privacy impact assessments, even when judicial authorizations are obtained. He highlighted the need to assess the privacy impacts of such tools and explore less intrusive alternatives.
Concerns Related to Unsanctioned Electronic Surveillance
The use of these tools by regulatory agencies such as the Canadian Radio-television and Telecommunications Commission (CRTC) raised concerns, with some describing it as disproportionate to the agency’s needs.
While some departments claim to use the tools for internal investigations regarding fraud or workplace harassment, the Treasury Board of Canada confirmed that privacy impact assessments are required in such cases. Treasury Board President Anita Anand declined an interview request but emphasized each federal institution’s responsibility to uphold privacy laws and policies.
Privacy Commissioner Philippe Dufresne advocated for privacy protection to be a priority when adopting high-risk technological tools, and he called for privacy impact assessments to be legally binding under the Privacy Act.
Evan Light expressed disappointment at the lack of accountability within the federal government regarding the use of these tools, emphasizing the fundamental right to privacy: “We have a right to privacy. It’s not an abstract concept,” he said.
References:
https://www.cbc.ca/news/canada/ottawa/federal-canada-government-department-privacy-1.7041255
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