British Columbia

VPD admits to not owning a Stingray surveillance device, but is it 'borrowing' one?

"We know the RCMP has the device and has been lending it out. We've asked [the VPD] do you have access to the device? "

'We know the RCMP has the device and has been lending it out. We've asked [the VPD] do you have access to it?'

This undated handout photo provided by the U.S. Patent and Trademark Office shows the StingRay II, manufactured by Harris Corporation, of Melbourne, Fla., a cellular site simulator used for surveillance purposes. (U.S. Patent and Trademark Office/The Associated Press)

The Vancouver Police Department says it does not own the controversial cellphone surveillance device known as Stingray.

The disclosure was made in response to a Freedom of Information (FOI) request filed by the Pivot Legal Society in July of 2015.

In a letter dated May 25, 2016 VPD lawyer Darrin Hurwitz states, "...the Vancouver Police advises that it does not have this device and does not hold records responsive to your access request of July 23, 2015."

Pivot Legal Society's Douglas King says the VPD is being evasive in answering questions about the Stingray mass surveillance device. (Pivot Legal Society)

But Pivot's Douglas King says the letter is evasive and is asking VPD Chief Adam Palmer for more information and clarification.

"We know the RCMP has the device and has been lending it out," said King. "We've asked [the VPD] do you have access to the device? Do you use it? Will you have access in the future? Do you have access to data collected by it?"

Until now, the VPD had refused to confirm or deny whether it owned or used the Stingray, arguing that any information divulged could compromise their investigative techniques. 

The Office of the Information and Privacy Commissioner for B.C. told CBC News it has cancelled the FOI inquiry because "the Vancouver Police Department issued a statement that they were not using the technology ... and there was no longer an outstanding issue."

Stingrays — also known as IMSI Catchers or Mobile Device Identifiers — work by mimicking a cell tower, tricking mobile devices within range to connect to it. Once that happens both text and audio communications can be intercepted. As well Stingray can locate a cell phone and collect its internal data.

The devices collect data indiscriminately, capturing every cell phone user in the vicinity, creating significant privacy and public accountability issues.