Q. How does the US Government’s ability to access my personal information differ from the Canadian Government’s ability to do so?

A. In Canada, like in the United States, the Government has wide abilities to view personal information that is held in email accounts. The Canadian Government’s ability to do this is found in various pieces of Canadian legislation including the Criminal Code, the Canadian Security Intelligence Service Act, the National Defence Act, and others.

The key difference between Canada and the United States is that, in general, the Canadian legislation requires that all warrants for the seizure of personal information must be issued by a judge. However, it still remains that the application to the court for this order/warrant will be made without the knowledge of either the holder of the information or the person who is the subject of the information.

There have been a number of recent bills introduced in the Canadian House of Commons which would increase the scope of information that is available to the Canadian Government and also decrease the number of restraints preventing the Government from accessing that information.

Should you wish to see further information regarding the Canadian system for intelligence gathering you can visit the website for The Office of the Privacy Commissioner of Canada and review a Position Statement produced by that office.

Posted in: Privacy