Wednesday, June 05, 2024

Intelligence Commissioner addendum

One more issue I meant to raise in my recent blog post concerning the Intelligence Commissioner's 2023 annual report

In that report, Intelligence Commissioner Noël wrote that “in the past year I did not approve a [CSIS-related] ministerial authorization and only partially approved others [relating to CSIS and CSE] because the scope of proposed activities was too broad. After considering the rationale for my decisions, the agencies involved submitted revised requests for authorization to undertake certain activities. New ministerial authorizations — setting out a more limited scope of activities and more detailed reasons to justify the activities — were provided for my review and ultimately, approval.” 

It is unclear, at least to me, what this means for the three CSE foreign intelligence ministerial authorizations that were only partially approved in 2023. The chart on page 32 shows those three partially approved authorizations (along with the three fully approved cybersecurity authorizations), but it doesn't show that three new foreign intelligence authorizations subsequently replaced the partially approved ones.

Were there actually six foreign intelligence authorizations approved during 2023 (albeit with just three in force at any time)?

If so, will the Commissioner's decisions with respect to the later three also be declassified and eventually posted on the IC website?

Also, is there a way to be clearer about reporting the actual number of authorizations approved while still indicating the number in force at any time?


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