Canadian Security Intelligence Service Act

Marginal note:Evaluation period — datasets

• 11.07 (1) If the Service collects a dataset under section 11.05, a designated employee shall, as soon as feasible but no later than the 180th day after the day on which the dataset was collected, evaluate the dataset and confirm if it

  • (a) was publicly available at the time of collection;

  • (b) predominantly relates to individuals within Canada or Canadians; or

  • (c) predominantly relates to individuals who are not Canadians and who are outside Canada or corporations that were not incorporated or continued under the laws of Canada and who are outside Canada.

• Marginal note:Deeming

  (1.1) If a dataset that is confirmed to be a foreign dataset includes information that relates to individuals within Canada or Canadians and the Service decides to treat it as a Canadian dataset, that dataset is deemed to be a Canadian dataset.

• Marginal note:Evaluation — class

  (2) In the case of a Canadian dataset, a designated employee shall evaluate the dataset and confirm whether it belonged to an approved class on the day on which it was collected and, if it did not, the designated employee shall take the measures set out in section 11.08.

• Marginal note:Limit

  (3) During the evaluation period referred to in subsection (1) and any period of suspension under subsection 11.08(2), a dataset shall not be queried or exploited.

• Marginal note:Comparison

  (3.1) A designated employee may, for the purpose of determining whether it is necessary to make an application for a judicial authorization under subsection 11.13(1) or a request for an authorization under subsection 11.17(1), compare the dataset to other datasets that have been collected by the Service under this Act.

• Marginal note:Consultation

  (4) A designated employee may consult

  • (a) a Canadian dataset, for the purpose of making an application for a judicial authorization referred to in section 11.12; or

  • (b) a foreign dataset, for the purpose of informing the Minister or a designated person whether the criteria set out in paragraphs 11.17(1)(a) and (b) are met.

• Marginal note:Activities of designated employee

  (5) A designated employee may, for the purpose of identifying and organizing the dataset, carry out any of the following activities:

  • (a) deletion of extraneous or erroneous information or information of poor quality;

  • (b) translation;

  • (c) decryption;

  • (d) the application of privacy protection techniques;

  • (e) any activity respecting the organization of the dataset.

• Marginal note:Responsibilities of designated employee

  (6) A designated employee shall, during the evaluation period,

  • (a) delete personal information, as defined in section 3 of the Privacy Act, that in the opinion of the Service is not relevant to the performance of its duties and functions and may be deleted without affecting the integrity of the dataset; and

  • (b) comply with the obligations under section 11.1.