A new NSICOP report warns that CSIS and RCMP face major barriers accessing digital evidence, raising national security concerns in Canada.
CSIS, RCMP Face Major Data Access Hurdles, Report Warns
National watchdog flags urgent gaps in security tools
Canada’s intelligence watchdog says the country’s top security agencies are struggling to respond to threats because they lack the legal tools and technical resources to access private digital data. The findings were released last week in a report from the National Security and Intelligence Committee of Parliamentarians (NSICOP).
Lawful access challenges exposed in Ottawa
The committee’s review focused on lawful access — the court-approved interception of electronic communications. It found that the Canadian Security Intelligence Service (CSIS) and the RCMP cannot consistently obtain timely data, creating delays and uncertainty in investigations. NSICOP warned that encryption, combined with the sheer volume of online communications, is making it “difficult and sometimes impossible” for investigators to gather evidence.
Privacy and safety at the centre of debate
The report emphasized the tension between safeguarding privacy and ensuring public safety. It noted that while Canadians expect strong protections over personal messages, they also assume agencies have the tools and lawful authority to act against genuine threats. Unlike Canada, many allies have laws requiring service providers to maintain systems that deliver data when ordered by courts — a gap leaving Canada at a disadvantage.
Cross-border barriers slowing investigations
A key challenge lies in accessing data stored in the United States, where most major tech firms are based. Canadian authorities must file requests through a lengthy U.S. legal process, which can take months. NSICOP cautioned that by the time access is granted, critical evidence may already be deleted, undermining investigations.
Agencies turning to costly, complex tools
To overcome encrypted platforms, the RCMP deploys “on-device investigative tools” that capture data before or after encryption. While effective in some cases, including a foiled 2018 bomb plot, the report described these methods as expensive, unreliable, and dependent on exploiting software vulnerabilities. Privacy advocates warned that expanding such powers could weaken cybersecurity and public trust.
Government pressed to act on recommendations
NSICOP urged Ottawa to adopt a comprehensive strategy on lawful access, finalize a Canada–U.S. Data Access Agreement, and clarify its stance on encrypted communications. CSIS expressed support for most recommendations, while the RCMP deferred to Public Safety Canada.
Contentious bill reignites political battle
The findings land as Parliament debates Bill C-2, a Liberal government proposal that expands lawful access powers. Civil liberties groups and opposition MPs argue the bill risks eroding privacy rights under the Charter of Rights and Freedoms. The issue is expected to dominate security and privacy debates this fall.
