Release of criminal record information

Representatives from Canadian police services, federal and provincial ministries of public safety and the Office of the Privacy Commissioner of Canada recently gathered to develop uniform practices regarding the release of criminal record information.

The newly created Dissemination of Criminal Record Information Policy Working Group (Working Group) was established as a response to breaches of Canadian Police Information Centre (CPIC) policies, federal legislation and Ministerial Directives regarding the release of criminal records. The Working Group held its first conference in Ottawa from January 19-21, 2010.

The Working Group discussed several areas concerning criminal record information, including but not limited to:

• Common definitions for various types of criminal record checks
• The role of Third Party Companies for conducting name-based criminal record checks;
• Online criminal record verifications;
• Vulnerable Sector checks;
• Response times associated with criminal record checks that link to a criminal record, and;
• Minimum requirements for obtaining informed consent and verifying the identity of individuals requesting criminal record checks.

Presentations were made by RCMP business lines, including CPIC and the Canadian Criminal Real Time Identification Services (CCRTIS), which maintains the national repository of fingerprint and criminal record information. In addition, some private industry representatives were given the opportunity to present on one perspective of the background screening environment. As well, several other representatives from the private sector provided additional comments and perspectives via email.

As a result of the Working Group outcomes, CPIC and CCRTIS will update the Interim Policy concerning the release of criminal record information. In the meantime, the Interim Policy as-written will continue to be effective. In addition to the above, attendees of the Working Group will be provided with a detailed summary of the conference.

Many of the recommendations of the Working Group will require consultation with various stakeholders, including Department of Justice Canada, federal, provincial, and territorial ministries of public safety, and the Office of the Privacy Commissioner of Canada. All approved recommendations will be published on the CPIC website. As stewards of the national repository of fingerprints and criminal record information, the RCMP (led by CCRTIS and CPIC) will review all Working Group recommendations for approval, and will consult with vested interest parties as required. Several of the recommendations involve reviewing existing legislation, regulations and Ministerial Directives concerning the release of criminal record information. These efforts are underway and updates will be provided as soon as possible.