Criminal Code of Canada - section 672.51(10) - Disclosure for research or statistical purposes

section 672.51(10)

INTRODUCTION AND BRIEF DESCRIPTION

Information disclosed for research or statistical purposes must not allow for the identification of any individuals.

SECTION WORDING

672.51(10) A person to whom the court or Review Board makes disposition information available under paragraph (9)(a) may disclose it for research or statistical purposes, but not in any form or manner that could reasonably be expected to identify any person to whom it relates.

EXPLANATION

Section 672.51(10) of the Criminal Code of Canada allows an authorized person to disclose disposition information for research or statistics purposes. However, the information cannot be in any form or manner that could potentially identify the person to whom it belongs. The underlying intent of this law is to maintain the privacy and confidentiality of individuals with criminal records while still allowing authorized entities to utilize the information for research and statistical purposes. The section is essential in maintaining transparency and accountability within the criminal justice system. Researchers and policymakers need reliable and accurate data to assess the effectiveness of various criminal justice policies and interventions. However, the use and disclosure of such data must prioritize the privacy and confidentiality of the people involved. The law also acknowledges the potential harm that could arise from using data to expose or stigmatize individuals with criminal records. In practice, this law means that researchers or statisticians cannot use or share any disposition information that could identify individuals who have been convicted of a crime. The information that can be used or shared must only include non-identifying details such as age, gender, offenses, and other statistics relevant to the research or policy objective. In conclusion, the Criminal Code of Canada places a high value on the privacy and confidentiality of individuals involved in the criminal justice system, including those with a criminal record. Section 672.51(10) provides a framework for utilizing disposition information for research and statistical purposes while still protecting the privacy and dignity of those involved. Ultimately, this section of the Criminal Code ensures that such data is used in a responsible and ethical manner, one that benefits society as a whole while upholding the rights of individuals.

COMMENTARY

Section 672.51(10) of the Criminal Code of Canada is an important provision that governs the disclosure of disposition information for research and statistical purposes. This provision allows individuals or organizations to access such information for legitimate research purposes but also ensures that the privacy of individuals is protected, and any disclosures are made in a manner that doesn't reveal the identities of those involved. This provision is critical in ensuring that researchers and statisticians have access to accurate and relevant information to draw meaningful conclusions that could inform policy and decision-making. It recognizes that research is essential to understanding the dynamics of the criminal justice system and the effectiveness of various interventions. As such, it encourages researchers and academics to engage with the justice system to investigate criminal justice issues exhaustively. However, this provision also understands that the privacy of individuals is crucial and deserves protection. By making it a requirement that any disclosures not identify any persons to whom such information relates, the provision aims to safeguard the privacy and reputation of individuals involved in the criminal justice system. There are several significant benefits of this provision. First, it strikes a balance between the interests of researchers and statisticians and individual privacy. This provision ensures that the valuable insights gained from research do not come at the expense of individual privacy. Secondly, the provision highlights the importance of transparency and accountability within the criminal justice system. By providing access to disposition information, it encourages researchers and academics to undertake studies that can lead to more effective interventions and policy changes. Furthermore, the provision ensures that any research or studies conducted involving disposition info are of high quality. Researchers will have access to unbiased data, and their studies will be scrutinized more rigorously, ensuring the accuracy of the data presented. Despite these numerous advantages, there is the potential for abuses. The provision encourages the use of information solely for research and statistical purposes; however, it's possible for individuals or groups to access the information for personal gain. It's essential for institutions to have robust policies and procedures in place for the use and disclosure of such information. In conclusion, Section 672.51(10) of the Criminal Code of Canada is a critical provision that balances the need for research and individual privacy. It encourages transparency in the criminal justice system and keeps researchers accountable, ensuring that their findings are unbiased and honest. It's important to follow the guidelines and regulations under this provision to guarantee that literature and statistical studies are ethical and protect the privacy of individuals.

STRATEGY

Section 672.51(10) of the Criminal Code of Canada permits the disclosure of disposition information for research or statistical purposes. However, the information must not be disclosed in any way that could identify any person to whom it pertains. This section of the Criminal Code raises some strategic considerations and calls for the development and implementation of some strategies to ensure compliance with the law. Firstly, organizations that are handling disposition information must understand and comply with the requirements of this section of the Criminal Code. This implies that they must ensure that their data management practices are designed in a way that makes it impossible to identify individuals in the data. The data should be de-identified to the extent that no one can reasonably expect to identify a particular individual from the data. To achieve this end, organizations need to consider various data security measures, such as encryption, access controls, and secure data storage. Secondly, organizations must consider the specific types of research or statistical purposes that they seek to use the disposition information for. In other words, they must have a clear understanding of how they want to use the data and the types of insights that they hope to gain from it. This implies that organizations must adopt rigorous research methodologies and have a clear understanding of the ethical implications of using disposition information. They should consider developing a research protocol detailing, among other things, the purposes of the study, the target population, the data collection and analysis techniques, and the potential risks or benefits of the research. Thirdly, organizations should consider obtaining consent from data subjects before using their disposition information for research or statistical purposes. Although not mandatory under the Criminal Code, obtaining consent is an ethical requirement that demonstrates respect for individuals' autonomy and privacy rights. Consent can be sought through various communication channels, such as email, phone calls, or formal consent forms. Fourthly, organizations should consider establishing partnerships or collaborations with other institutions to enhance the quality and legitimacy of research findings. Collaborating with other research institutions can provide organizations with access to more data, diversified perspectives, and a platform for disseminating research findings. However, organizations must ensure that such partnerships do not compromise the privacy or security of the data. In summary, section 672.51(10) of the Criminal Code of Canada permits the use of disposition information for research or statistical purposes provided the information is de-identified. Organizations handling such data must adopt rigorous data management practices, develop research protocols, obtain consent, and establish collaborations with other institutions to maximize the benefits of research while safeguarding individual privacy rights.