hi.

 i think the problem is that my request is not being properly understood.

 i understand what a criminal record check is, but it is not what i'm looking for. what i want to know is what the border officers in the united states have access to. i will repeat the circumstance.

in early september, i was arrested and charged on what were ridiculous charges that were dropped in november, before a trial date was even set. there is currently an ongoing opird investigation to investigate whether the officer may have acted in retaliation or malice, meaning the only relevant trial that is occurring is of the officer, but it is sufficient in context to recognize that the crown dropped the case. i was - i believe illegally - fingerprinted while i was in custody. i am seeking information about who can and cannot see that these prints exist.

i do not have a criminal record, and as such i know what a criminal record will produce. an occurrence of this sort would only show up on the deepest of vulnerable sector checks. but, the record check will not give me the information i am looking for, which is information about the existence of the prints. nor do the border guards in the united states do a criminal record check - what they check is the cpic database. as such, i do not care about a criminal record check and see little point in carrying through with one, what i care about is what it says in the version of the cpic database that is accessible to the border cops in the states.

i expect the prints to be destroyed, but there is a lengthy process involved. i have a nexus card, and am a frequent border crosser. i need to know what i am exposing myself to before i cross the border.

and, i will reiterate that i have not broken any laws, but am rather seeking that the officer be severely disciplined for his behaviour. i also feel that my s. 6 rights are being infringed upon by the general thrust of the circumstances, as i am fearful of attempting to cross the border until i know what the cops can see, due to no fault or behaviour of my own.

so, i think my request for a cpic readout is not only quite reasonable, but strictly within my constitutional rights - that i have a right to know what information a foreign government is able to access about me, more or less on request. but, all you've told me is that the results are "restricted".

this is creating more questions for me. why are the results restricted? i have no criminal record, no history of conflict with law enforcement and no reason to think there would be anything in the database at all. am i under investigation of committing a crime? because i don't remember committing one, and would be strongly taken aback by any suggestion that i have. i was only initially interested in the question of the prints, but now i want to know what is in the file, as there should not be anything in it at all, by my own calculations.

i cannot accept that the information is being withheld under s. 19 or s. 26. i am not asking about somebody else, and i am not seeking information provided by a provincial institution - or at least i don't think i am. i am asking for a readout of my own personal information, and i have a right to see it.

 so, i am going to reiterate my request a second time - and hope i don't need to reiterate it a third time to the privacy commissioner, or a fourth time in a court of law.

1) my primary concern is in understanding what the border cops on the american side can see. the best way to do this would be to produce a total printout of the cpic results, and then draw attention to the parts that are accessible to the american border cops. do the american border cops have total access to the database, or partial access? i will also need this information before i can renew my nexus card.

2) i believe that this is set out in a memorandum of understanding, but i cannot find it. can you please produce the most recent memorandum of understanding that defines what the american border cops can and cannot see when they search the cpic database from their side?

3) because i cannot see my file, and it is *my* file, i would like to explicitly request the printout merely for the sake of requesting it. again: i am not looking for a vulnerable sector check. what i want is a printout of my entire file.

4) am i under investigation? please provide me with a detailed reason as to why this information is being "restricted", as the answers provided are incoherent and i can imagine no reason at all.

i thought that this would be a simple, routine request. but, denying me access has only made me more insistent to access it, and i'm willing to fight to get this information, which i'm clearly entitled to. we all have restrictions on our time. i would request that you refrain from wasting everybody's and just give me the printout.

 j