Canadian Security Intelligence Service Act

Marginal note:Judicial authorization

• 11.13 (1) A judge may authorize the retention of a Canadian dataset if the judge is satisfied that

  • (a) the retention of the dataset that is the subject of the application is likely to assist the Service in the performance of its duties and functions under section 12, 12.1, 15 or 16; and

  • (b) the Service has complied with its obligations under section 11.1 with respect to the dataset that is the subject of the application.

• Marginal note:Contents of application

  (2) An application for a judicial authorization shall be made in writing and shall set out the following:

  • (a) the grounds on which the requirements referred to in paragraphs (1)(a) and (b) are satisfied;

  • (b) a description of the information that is contained in the dataset;

  • (b.1) the manner in which the Service intends to disclose the dataset;

  • (c) if any updates are to be made to the dataset by the Service, the manner in which the Service intends to make those updates;

  • (d) any privacy concern which, in the opinion of the Director or the designated employee who makes the application, is exceptional or novel;

  • (e) the details of any previous application made in respect of that dataset, including the date on which it was made, the name of the judge to whom it was made and the judge’s decision;

  • (f) if the Commissioner has approved, under the Intelligence Commissioner Act, the Director’s authorization on the basis of exigent circumstances under section 11.22, the content of that authorization, the results of the authorized query and any actions taken after obtaining those results.