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Change or stop using polygraphs, watchdog tells Canadian security agency

Report says tests raise 91Ƶserious concerns91Ƶ under the Charter of Rights and Freedoms
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A new watchdog report says there are fundamental issues with the use of polygraphs by Canada91Ƶs cyberspy agency for security screening. In this June 12, 2007, file photo, a polygraph examiner applies electrodes on the fingers of a subject in Bogota, Colombia. THE CANADIAN PRESS/AP-Fernando Vergara

A new watchdog report says there are fundamental issues with the use of polygraphs for security screening by Canada91Ƶs cyberspy agency.

It calls for the Communications Security Establishment and the federal government to urgently address them or stop using the tests for security screening altogether.

The National Security and Intelligence Review Agency says it91Ƶs the first time a Canadian independent review body has done such a detailed assessment on this type of program.

The report says CSE91Ƶs use of polygraph tests, and the Treasury Board91Ƶs authorization of the tests for security screening, raises 91Ƶserious concerns91Ƶ under the Charter of Rights and Freedoms.

It says CSE policies didn91Ƶt adequately address privacy issues, and outlines concerns involving the collection and use of personal and medical information.

It also cites 91Ƶrepetitive and aggressive91Ƶ questioning by examiners, often resulting from an assessment that was initially negative.

Such questioning 91Ƶrisks causing some subjects to inadvertently fabricate information in an effort to explain an unfavourable polygraph assessment,91Ƶ it outlines.

The tests measure physiological responses like heart rate and blood pressure to detect deception.

But the review body says the research it looked at 91Ƶsimply does not support the existence of a scientific consensus supporting the reliability or validity of the polygraph as a means to detect deception.91Ƶ

The report says CSE placed too much importance on the polygraphs, 91Ƶto the extent that other, less intrusive security screening activities were insufficiently used or not used at all.91Ƶ

It adds that the polygraph results were 91Ƶde facto determinative91Ƶ in making decisions related to security screening.

The watchdog says in a background document the Treasury Board should 91Ƶundertake a thorough analysis to support which screening tools it promotes and requires while being mindful that security screening does not grant an organization the licence to override the fundamental privacy protections granted under Canadian law.91Ƶ

In a document responding to the report, CSE and the Treasury Board defended the use of polygraphs.

The Treasury Board said the National Security and Intelligence Review Agency is 91Ƶproposing to remove a security measure that has been in successful use for almost four decades, and that is applied to only a small fraction of the public service for protection of only the most sensitive information.91Ƶ

The board said the recommendation did not consider the current threat environment 91Ƶor the proven record of that security measure in uncovering adverse information.91Ƶ

It said the proper use of polygraphs does not conflict with Canadian laws or values.

CSE said polygraphs help establish an individual91Ƶs loyalty to Canada but are a 91Ƶsmall portion91Ƶ of its screening apparatus. It indicated it plans to make some changes, including to ensure quality control of the tests.

But it said it plans to continue using the tests, 91Ƶas it remains confident that the polygraph is an important security screening tool that is particularly necessary in light of the current national security and intelligence landscape.91Ƶ





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