Cell site simulators used by RCMP not capable of intercepting private communication
A complaint was filed against the Royal Canadian Mounted Police (RCMP) alleging that it used cell site simulators (MDIs or "Stingray" devices) to monitor large groups, intercept private communications, and extract encryption keys without public knowledge or consent. The RCMP confirmed its use of MDIs, stating they only collect unique device identifiers (IMSI/IMEI) and are not capable of intercepting private communications. The Office of the Privacy Commissioner (OPC) investigated, including a technical demonstration, and found that the RCMP's MDIs are indeed not capable of intercepting private communications. The OPC also reviewed the legal authority for MDI use, finding that for 113 out of 125 deployments, prior judicial authorization was obtained, and for 7 others, exigent circumstances applied. However, in 6 instances, the RCMP deployed MDIs without prior judicial authorization or exigent circumstances, which the OPC found to be a contravention of section 4 of the Privacy Act. The OPC noted that the RCMP has since taken steps to remedy this by requiring prior judicial authorization for all MDI deployments unless exigent circumstances are present. The OPC also found that the RCMP's handling of third-party data collected by MDIs, including segregation, security, retention, and destruction, was appropriate.
- 1Whether RCMP uses cell site simulators (MDIs)
- 2Whether RCMP's MDIs are capable of intercepting private communications (voice, text, email, encryption keys)
- 3Whether RCMP's collection of personal information using MDIs relates directly to an operating program or activity (s.4 Privacy Act)
- 4Whether RCMP's collection of personal information using MDIs was lawful and Charter-compliant, specifically regarding prior judicial authorization
- 5Whether exigent circumstances justified warrantless MDI deployments in certain cases
- 6Whether RCMP's collection of personal information using MDIs complied with direct collection and notification requirements (s.5 Privacy Act)
- 7Whether the RCMP adequately handles, retains, and disposes of third-party personal information (IMSI/IMEI numbers) collected by MDIs
- 8Whether the wording in warrants and policies provides adequate protection for collected personal information
- MDI interception capability: RCMP's MDIs not capable of intercepting private communications
- Legal authority for MDI use: 6 deployments contravened s.4 of Privacy Act
- Remedial action for MDI use: RCMP implemented new authorization requirements
- Handling of third-party data: RCMP's data handling found appropriate
Complaint partially well-founded and partially not well-founded, with the well-founded portion resolved.
The OPC found that the RCMP's MDIs were not capable of intercepting private communications, but 6 deployments lacked judicial authorization or exigent circumstances, contravening s.4 of the Privacy Act. However, the RCMP has since implemented policies requiring warrants, resolving the identified contravention.
The OPC noted that the RCMP had already taken appropriate steps to remedy the situation by requiring prior judicial authorization for all MDI deployments unless exigent circumstances are present, and encouraged continued transparency regarding its technologies and legal authorities.
- s.3 Privacy Act
- s.4 Privacy Act
- s.5 Privacy Act
- s.5(1) Privacy Act
- s.5(2) Privacy Act
- s.5(3) Privacy Act
- s.8(2) Privacy Act
- s.29(1)(h)(i) Privacy Act
This summary is for informational purposes only and not legal advice.
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