Classes of Canadian Datasets

(section 16 of IC Act)

What does it authorize?

A Canadian dataset contains personal information that predominantly relates to Canadians or persons in Canada, or Canadian companies. The information in a dataset is relevant to CSIS’ duties under any of sections 12 to 16 of the CSIS Act, but cannot be collected under any of those sections.

A class of Canadian datasets is a category or type of Canadian dataset described and defined in a ministerial authorization.

The Minister's determination of classes of Canadian datasets allows CSIS to collect Canadian datasets – therefore personal information that is not directly related to a threat – which falls into one of the approved classes.

Why is it required?

The ministerial authorization and oversight by the IC are required because Parliament wanted to ensure that any collection of Canadian-related information by CSIS that was not directly threat-related was reasonable.

To collect a Canadian dataset, CSIS must have reasonable grounds to believe that it falls within one of the classes that has been authorized by the Minister and approved by the IC. CSIS must also be satisfied that the dataset is relevant to its duties and functions.

Once collected, CSIS has 180 days to evaluate the dataset and determine if it falls within an “approved class”. If it does — and CSIS wants to keep the Canadian dataset and use the information it contains — it must obtain authorization from the Federal Court.

Datasets that do not belong to an approved class must be destroyed, although there can be exceptions. If a dataset does not belong to an approved class but CSIS considers it important to its operations, it may ask the Minister for the determination of a new class to which the dataset would belong. This new class would also require IC approval.

Why is the IC's role important?

The IC's review ensures that CSIS exercises its authority to collect non-threat-related information about Canadians and persons in Canada in a balanced manner, and that the Minister has given proper consideration of privacy interests. Review by the IC also supports compliance and governance of CSIS activities by ensuring that the classes of datasets are clearly defined and can easily be understood by the CSIS employees responsible for collecting the information.

How does CSIS obtain it?

The Director of CSIS provides an application to the Minister describing the classes of Canadian datasets for which collection of personal information would be authorized. To issue an authorization, the Minister must conclude that using the information of any dataset in the class could lead to results that are relevant to the performance of CSIS duties and functions.