Why Canada-U.S. New Data Sharing Agreement Makes Sense for National Security

Recent updates to the Canada-U.S. information-sharing agreement have sparked concerns about privacy, particularly among permanent residents of both countries. Certain immigration lawyers are crying aloud about how these changes impact privacy rights. We think differently. While privacy is an important consideration, the new information sharing agreement makes sense, especially in the context of our present times. In an era where national security threats are evolving and border integrity is paramount, the automatic exchange of personal and biometric data of permanent residents between Canada and the U.S. is a logical and necessary step in ensuring mutual safety and effective immigration enforcement.

Strengthening Border Security and Immigration Integrity

The updated agreement, which came into effect this month, expands the scope of data sharing to include permanent residents. Previously, the 2012 version of the agreement only allowed for the exchange of data on non-residents applying for visas. By adding permanent residents to this system, both governments can now more effectively track immigration history, visa refusals, and security concerns of individuals traveling between the two countries.

This is particularly relevant given Canada’s lenient permanent residency requirements. Many individuals retain their PR status while spending significant amounts of time outside the country, sometimes for years. Canada’s laws allow a permanent resident to remain outside of Canada for up to three years before they stand to lose their status. This raises concerns about whether all permanent residents genuinely meet residency obligations or intend to maintain ties to Canada. By sharing data, Canadian and U.S. authorities can better monitor for bad actors.

What Information is Being Shared?

The following data points will now be exchanged between Canadian and U.S. authorities:

• Biographic and Personal Details:
  • Last name
  • First name
  • Alias last name(s)
  • Alias first name(s)
  • Date of birth
  • Passport nationality
  • Country of birth
  • Gender
  • Other names
• Immigration and Travel Information:
  • Current immigration status
  • Previous immigration status
  • Expiry date of current leave/stay or visa
  • Date of immigration application or non-biometric encounter
  • Type of immigration application or non-biometric encounter
  • Date of outcome of immigration application
  • Outcome of immigration application
  • Reason for outcome of immigration application
  • Date removed
• Travel Document and Border Crossing Data:
  • Travel document number
  • Travel document type
  • Travel document issuing authority/country
  • Travel document expiry date
  • Scan of travel document biodata page
  • Scan of other marked travel document pages
  • Date of arrival
  • Location of arrival
  • Date of departure
  • Location of departure
• Security and Verification Details:
  • Providing Participant subject-specific reference number
  • Providing Participant event-specific reference number
  • Date fingerprinted
  • Reason fingerprinted
  • Location fingerprinted
  • Facial image
  • Visa refusal code
  • Watchlist indicator
  • Reason for alert

Balancing Privacy with National Security

Critics argue that this new policy diminishes the privacy rights of permanent residents, treating PRs as a class lower than citizens. Our response is that citizens do in fact enjoy stronger rights than permanent residents, and that the latter is exactly how it should be. A grant of citizenship is only given after an individual has earned it by proving their commitment to a country. Permanent resident status does not rise to that threshold and it makes perfect sense to treat it differently. Moreover, privacy rights are already limited when an individual crosses an international border. Both Canada and the U.S. have a vested interest in ensuring that individuals entering their countries are who they claim to be and that they do not pose security or immigration risks.

Preventing Abuse of Canada’s Immigration System

Canada’s immigration policies are among the most generous in the world, offering a path to permanent residency with relatively lax requirements. While this approach benefits genuine immigrants who contribute to the country, it also creates opportunities for abuse. As mentioned, some PRs maintain their status for years without truly living in Canada. If an individual genuinely resides in Canada and follows our immigration laws, this data-sharing agreement should not be a concern. It only becomes an issue for those attempting to game the system or for individuals who have something to hide.

Enhancing Cooperation Between Canada and the U.S.

Canada and the United States share one of the longest and most open borders in the world. However, maintaining this open relationship requires trust and cooperation on security matters. Given the current geo-political landscape, with increasing threats to both Canada and the U.S, the exchange of immigration and border-crossing data strengthens the partnership between both countries, ensuring that individuals flagged for security or immigration violations in one country do not easily cross into the other. The agreement, in theory, should also make it safer and easier for regular individuals to cross between nations.

The new agreement is important as border enforcement is now the most pressing political issue. With increasing pressure to secure the northern border, Canada must demonstrate that it is a responsible partner by implementing policies that enhance mutual security.

Moving Forward: A Secure and Fair Immigration System

The predictable reaction to this policy shift has largely focused on concerns over privacy, but the bigger picture remains. At a time when national security threats and immigration fraud are increasing, Canada cannot afford to push back against strengthening its border policies. Sharing relevant immigration and biometric data with the U.S. is a necessary step in 2025 to ensure that those who cross our borders are properly vetted and that immigration laws are upheld.