INTRODUCTION AND BRIEF DESCRIPTION
Persons who are given access to records may not disclose identifying information contained therein.
SECTION WORDING
717.4(2) Where a record is made available for inspection to any person under subparagraph (1)(d)(i), that person may subsequently disclose information contained in the record, but may not disclose the information in any form that would reasonably be expected to identify the person to whom it relates.
EXPLANATION
Section 717.4(2) of the Criminal Code of Canada outlines strict guidelines for the disclosure of information contained in a record that has been made available for inspection to any person under subparagraph (1)(d)(i). This section acts as a safeguard for the privacy and protection of individuals whose information is present in the record. The section permits an individual who has been granted access to the record to subsequently disclose information contained within. However, the information cannot be disclosed in any form that would reasonably be expected to identify the person to whom it relates. This is an important condition to ensure that the privacy and confidentiality of individuals are not breached. This section applies to a wide range of contexts, including but not limited to, criminal investigations and proceedings. It recognizes that there may be situations where individuals require access to information contained in records to help with their investigations or legal proceedings. However, it also acknowledges that the information contained in these records is sensitive and requires protection against unauthorized disclosure. The section highlights the importance of striking a balance between access to information and the protection of privacy rights. It recognises that personal information should not be disclosed in a manner that could reasonably identify the person to whom it relates, without their consent. This is an important safeguard that helps to protect the rights and dignity of all individuals. In conclusion, section 717.4(2) of the Criminal Code of Canada plays an important role in protecting personal information while ensuring that access to relevant information can be granted where necessary. The section helps to ensure that personal information is protected against unauthorized disclosure. It highlights the importance of balancing access to information and privacy rights, which is vital for safeguarding the dignity and rights of all individuals involved.
COMMENTARY
The Criminal Code of Canada is a federal law that governs criminal offences in Canada. The Code aims to lay down rules and regulations that intend to safeguard the rights of individuals and maintain the status quo of law and order in a country. Section 717.4(2) of the Code prohibits the disclosure of information that might reveal the identity of a person to whom it relates. This Section is crucial in protecting privacy rights in Canada. The provision is particularly relevant where it comes to the disclosure of criminal records. Criminal records are public records in Canada that can be accessed by anyone for various purposes. Employers may request criminal background checks before hiring employees. Volunteer organizations may request them before accepting volunteers. Landlords may require them before renting out property. Generally, the information in the criminal records is sensitive and private, and its exposure can lead to shameful consequences. However, the Criminal Code, recognizing the importance of access to information, permits individuals to access criminal records under certain circumstances. Section 717.4 (1) (d) (i) provides that criminal records are open to the public with the written consent of the person to whom the record relates, or their legal representative. This provision aims to promote transparency, accountability, and equal access to opportunities for everyone in Canadian society. Nonetheless, with this right to access comes a responsibility to protect individuals' privacy rights. Hence, the provision in Section 717.4(2) prohibits the disclosure of information that can lead to the identification of the individual to whom the criminal record relates. Essentially, a person who has been granted access to a criminal record may disclose the information contained therein, but they must do so in a way that does not reveal the individual's identity. This provision recognizes the importance of protecting personal privacy rights. In Canada, privacy rights are an essential aspect of human rights. The Canadian Charter of Rights and Freedoms guarantees the right to privacy as an essential freedom, and the Personal Information Protection and Electronic Documents Act (PIPEDA) provides an overarching regulatory framework to protect personal information collected by public or private organizations. Thus, Section 717.4(2) complements these other privacy protection mechanisms by restricting disclosure of information that can lead to identifying an individual in a criminal record. This measure forms part of the state's commitment to protecting personal privacy and upholding human rights in Canada. In conclusion, Section 717.4(2) of the Criminal Code of Canada is a critical provision that safeguards privacy rights in Canada. The provision recognizes the importance of balancing transparency, accountability, and equal access against the need to safeguard the human right to privacy. The provision allows access to criminal records, but it restricts disclosure to ensure personal information remains confidential and that individuals' privacy rights are respected. While information accessibility is vital, it is crucial to uphold privacy rights, and the provision underlines that principle. The Criminal Code is a reflection of the country's values and aspirations when it comes to the law and order, and Section 717.4(2) of the Code is a concrete example of Canada's commitment to human rights and privacy.
STRATEGY
Section 717.4(2) of the Criminal Code of Canada is an important provision that governs the disclosure of information contained in public records. This provision sets out the rules that must be followed when disclosing information from a record that has been made available for inspection under subparagraph (1)(d)(i) of the same section. Specifically, it prohibits the person who inspects the record from disclosing the information in any form that would reasonably be expected to identify the person to whom it relates. The purpose of this provision is to protect the privacy and confidentiality of individuals whose personal information is contained in public records. It recognizes that while public records must be made available for inspection to persons who have a legitimate interest in them, the personal information contained in these records must be safeguarded from unauthorized disclosure. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that must be taken into account. The following are three strategies that could be employed: 1. Limit access to sensitive records: To ensure that personal information is not inadvertently disclosed, access to sensitive records should be restricted to persons who have a legitimate interest in them. For example, medical records or police records should only be made available to authorized persons who have been trained to handle this information. 2. Use redaction techniques: When disclosing information from a record, the person doing the disclosure should employ redaction techniques to remove any information that could reasonably be expected to identify the person to whom it relates. This could include, for example, blacking out names or personal identification numbers. 3. Obtain consent: In some cases, it may be appropriate to obtain consent from the person to whom the information relates before disclosing it. This is particularly true in cases where the information is sensitive or could be used to harm the individual. By obtaining consent, the person who is disclosing the information can ensure that they are not violating the individual's privacy rights. In conclusion, section 717.4(2) of the Criminal Code of Canada is an important provision that must be taken seriously when dealing with public records. By taking a strategic approach to disclosure, individuals and organizations can ensure that they are complying with the law and protecting the privacy and confidentiality of individuals whose personal information is contained in these records.