BreachOfPrivacy
Decisions/Federal (Canada)/Privacy Act/Cell site simulators used by RCMP not capable of intercepting private communication
Office of the Privacy Commissioner of CanadaPrivacy ActWell-founded
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Cell site simulators used by RCMP not capable of intercepting private communication

Organization: Royal Canadian Mounted Police (RCMP)Complainant: A Canadian community-based organization
Decision: Aug 16, 2017Published: Aug 16, 2017

This investigation was initiated following a complaint that the RCMP used cell site simulators, also known as "Stingray" devices or "IMSI catchers," without confirming or denying their use. The complainant was concerned these devices could intercept private communications and extract encryption keys. The investigation found that while the RCMP's cell site simulators cannot intercept private communications, there were six instances where they were used without prior judicial authorization or exigent circumstances, which constituted a contravention of the Privacy Act. The RCMP has since implemented a policy requiring prior judicial authorization for all deployments unless exigent circumstances exist.

  • Use of cell site simulators (mobile device identifiers) by the RCMP
  • Capability of cell site simulators to intercept private communications
  • Requirement for judicial authorization for the collection of personal information using cell site simulators
  • Handling and retention of data collected from third-party devices

Complaint partially well-founded regarding six instances of non-compliance; otherwise not well-founded. Corrective actions taken by the RCMP.

The OPC found that the RCMP's cell site simulators do not intercept private communications. However, the complaint was well-founded for six instances where the RCMP failed to obtain prior judicial authorization or demonstrate exigent circumstances before deploying the devices, contrary to section 4 of the Privacy Act. The OPC was satisfied that the RCMP has since implemented measures to ensure compliance.

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Recommended action / remedy

The RCMP is now required to obtain prior judicial authorization for all deployments of mobile device identifiers unless exigent circumstances exist.

Statutory provisions cited
  • section 4 Privacy Act
  • section 5 Privacy Act
  • section 29(1)(h)(i) Privacy Act
  • section 8 of the Charter
  • section 487.01 Criminal Code
  • section 492.2 Criminal Code

This summary is informational only and not legal advice.