Query of a dataset in exigent circumstances

(section 18 of IC Act)

What does it authorize?

Querying a dataset means conducting a specific search of a dataset for information about a person or entity. The Director's authorization to query a dataset in exigent circumstances allows CSIS to conduct this type of search in situations where there is an urgent need for information and the approval for the retention of the dataset has not yet been sought.

Why is it required?

Normally, CSIS may query a dataset only after it has obtained approval to retain the dataset from the Federal Court (for a Canadian dataset) or the IC (for a foreign dataset). Requiring approval to retain a dataset ensures CSIS is exercising its authority to collect non-threat-related information in a reasonable way. However, the legislation recognizes that urgent situations may arise in which delaying a search for information in datasets could pose a risk.

The CSIS Act sets out two instances in which exigent circumstances exist:

• to preserve the life or safety of an individual
• to acquire intelligence of significant importance to national security, the value of which would be diminished or lost if CSIS had to comply with the retention authorization process

Why is the IC's role important?

The IC ensures that the Director's rationale for determining that exigent circumstances exist is sufficiently supported by the factual context.

How does CSIS obtain it?

CSIS submits an application to the Director of CSIS. To issue the ministerial authorization, the Director must conclude that the dataset in question is likely to assist CSIS in the performance of its duties and functions and that the query of the dataset is required in exigent circumstances.

The authorization issued by the Director must contain a description of the exigent circumstances and the dataset to be queried as well as the grounds on which the Director concludes that the query is likely to produce the intelligence required.

Prior to the query taking place, the IC must be satisfied that the conclusions of the Director are reasonable and approve the authorization “as soon as feasible” in a written decision. Should CSIS want to retain the queried Canadian or foreign dataset it must obtain the respective approval from the Federal Court or the IC.