RCMP used cellphone tracking technology unlawfully 6 times, says privacy watchdog

The RCMP used cellphone-tracking technology in a way that was "not lawful" six times,Canada's privacy commissioner said in a report released Thursday.

Mobile device identifiers (MDI) also referred to asIMSIcatchers work by mimicking acellphonetower to interact with nearby phones and read the unique ID associated with the phone's International Mobile Subscriber Identity,orIMSI. That number can then be used to track the phone,and sometimes to intercept text messages or calls.

Between 2011 and 2016 the RCMP used IMSI catchers in 125 criminal investigations, 29 of which were in support of other Canadian law enforcement agencies, the report from Daniel Therrien's office found.

In the majority of cases, theRCMPobtained a warrant to use their IMSIcatchers. In13 cases, no warrant was obtained. Seven of those were what theRCMPcall "exigent circumstances" cases requiring the police to act quickly in order to "prevent the loss of life or grievous bodily harm."

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The remaining six cases took place during a time when the RCMP was operating under the notion that no warrant was required between March andJune 2015.

The force made the decision to stop obtaining warrants to use the device after receivingguidancefromthe National Wiretap Expert Committee (NWEC), which provides legal advice to law enforcement and prosecutors.

In June2015, the RCMP once again began requiring its officers to obtain a warrant before using the device.

Therrien'soffice launched an investigation into theRCMP'suse of IMSIcatchers in early 2016, after receiving a complaint from OpenMedia, agroup that advocates for a surveillance-freeinternet.

The group wanted to know whether theRCMPwas usingthe devicesto collect tracking data, monitor large groups of people and intercept voice and text communications. It also wanted clarity around whether a warrant was required to useIMSIcatchers, and under what circumstances.

More transparency

Up until last spring, theRCMPwas cagey about admitting its use ofIMSIcatchers. In April, a months-longCBC News/Radio-Canada investigationrevealed that someone was usingIMSIcatchers in the area around Parliament Hill. At the time, Public Safety Minister Ralph Goodalesaid Canadian agencies were not involved and that the RCMP and CSIS were investigating.That investigation is ongoing.

After the CBC News/Radio-Canada report, theRCMPheld a technical briefingfor a select group of reporters aboutIMSIcatchers and how the force uses them.

Therrien said in his report that heis now satisfied the force is in compliance with all of Canada's laws when using mobile device identifiers.

The report saidthe devices theRCMPuses "are not capable of intercepting private communications" like calls or text messages. The report also saidany third-party information collected by theRCMPis being properly secured and destroyed at the end of any court proceedings.

Therriendid praise theRCMPfor the access it granted his office during his investigation, but warned theRCMPto "continue to make efforts toward openness and accountability in terms of the technologies it employs in its law enforcement activities."

OpenMedia's executive director is happy withTherrien'sreport and said the force must continue to heed theprivacy commissioner's call for transparency.

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"To make sure that when theRCMPis using these devices and implementing new policies that they're really clear and forthcoming with the public from the startas opposed to having to go through these really long investigative processes to get this information out," Laura Tribe said.

In a statement, RCMP acting deputy commissioner for specializedpolicingservicesJoe Oliver said, "The RCMP is committed to finding ways to strike a balance between public transparency on the use of the technologyand, at the same time, protecting this important tool for public safety and law enforcement purposes."

How IMSIcatchers are used

The report also offers a glimpse into how the RCMP use the IMSI catchers. The force has 10 devices, and first used one in 2005.

The RCMP will set the device up in at least three different locations to collect data. After gathering the IMSI numbers in the areas, the data is filtered to see which numbers were found in the same locations as the suspect or suspects. In order to connect an IMSI number with a suspect, another warrantis required ordering a telecom provider to give authorities thename, address and phone number connected to the IMSI number.

TheRCMPuse the technology in a variety of investigations including those relating to national security, organized crime and during kidnappings.