Canadian Security Intelligence Service Act

Marginal note:Dataset not within class

• 11.08 (1) If a designated employee confirms that the dataset did not belong to an approved class on the day on which it was collected, the Service shall, without delay,

  • (a) destroy the dataset; or

  • (b) make a request to the Minister for the determination of a new class under section 11.03 to which the dataset would belong.

• Marginal note:Period — suspension

  (2) If the Service makes a request to the Minister under paragraph (1)(b), the 180-day period referred to in subsection 11.07(1) is suspended for the period that begins on the day on which a designated employee confirms that the dataset did not belong to an approved class on the day on which it was collected and ends on the day on which the Commissioner approves, under the Intelligence Commissioner Act, the determination of the Minister in respect of a new class to which the dataset belongs.

• Marginal note:Limit — activity

  (3) A designated employee shall not carry out any activity under subsections 11.07(4) and (5) in respect of the dataset, during the period of suspension described in subsection (2). Subsection 11.07(6) does not apply to the dataset during that period of suspension.

• Marginal note:Destruction

  (4) If the Minister, on a request made under paragraph (1)(b), does not make a determination to authorize a class that would apply to the dataset or the Commissioner, following a review of the Minister’s determination under the Intelligence Commissioner Act, does not approve the determination of the Minister, the Service shall, without delay, destroy the dataset.