Sunday, November 25, 2018

i really don't think the border cops should have access to this information at all.


UPDATED MOC WITH THE FBI

  1. While the RCMP did not accept to make further changes to CPIC or its guiding policies, it did update its MOC with the FBI, which was signed by both parties on October 27, 2015. The MOC now makes specific reference to respecting Constitutional and legal frameworks that protect privacy in both Canada and the US. It also now includes the following definitions, which are particularly relevant to our analysis:
    Criminal Justice Purposes” means performance of any of the following activities: Detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice shall include criminal identification activities and the collection, storage, and dissemination of criminal history record information.
    Criminal Justice Agency” means: A governmental institution or any subunit thereof that performs the administration of criminal justice pursuant to a statute, the common law, or executive order, and that allocates a substantial part of its annual budget to the administration of criminal justice.
  2. The updated MOC also contains new language with respect to the disclosure and use of information under the arrangement:
    Pursuant to CPIC and NCIC/III policy, the use of the information contained in the CPIC and the NCIC/III systems is for criminal justice agencies for criminal justice purposes or for a consistent use thereof. Further to the definition of criminal justice purposes, the use of CPIC and NCIC/III data is intended specifically by law enforcement and criminal justice agencies in the performance of law enforcement and criminal justice matters, including counterterrorism/intelligence investigations.
  3. The concept of “consistent use” is defined in the revised MOC to mean “a use that has a reasonable and direct connection to the original purpose(s) for which the information was obtained or complied.”
  4. In our view, the reference to a consistent use would not support the disclosure of attempted suicide information to US border officials in the absence of a risk to officer or public safety. Pursuant to the revised MOC, in order for a use to be consistent, there must still be a reasonable and direct connection with the original purpose for which the information was obtained or compiled. The Supreme Court of Canada has held that a use may be a consistent use, for the purposes of the Act, when an individual would “reasonably expect” the information to be used in such a manner.Footnote 18
  5. As noted in our analysis under paragraph 8(2)(a), we do not believe that an individual would reasonably expect that information about an attempted suicide – which is highly sensitive information collected by Canadian police services during the course of policing activities – would then be used by US border officials to deny them entry into the US. Where the information does not demonstrate an ongoing risk to public safety, its use by US border officials for immigration assessment considerations is not directly and reasonably connected to the original purposes for which the information was compiled.