INTRODUCTION AND BRIEF DESCRIPTION
Authorized individuals can access and receive information and copies of records under this section.
SECTION WORDING
717.4(3) Any person to whom a record is authorized to be made available under this section may be given any information contained in the record and may be given a copy of any part of the record.
EXPLANATION
Section 717.4(3) of the Criminal Code of Canada outlines the rights of individuals who are authorized to access information contained in a criminal record. This section allows individuals who have been granted permission to access a criminal record to not only view the record, but also to receive copies of any part of the record. The purpose of this section is to ensure that individuals who have a legitimate reason to access a criminal record are able to do so, and that they have full access to the information contained therein. This information can be used for a variety of purposes, including employment screening, background checks, and other official proceedings. It is important to note that the ability to access a criminal record is subject to various restrictions and limitations, and that individuals who are authorized to access such records must adhere to strict protocols and procedures when doing so. For example, they may be required to obtain a court order or other legal authorization before accessing the record, and they may be subject to criminal or civil penalties if they use the information inappropriately. Overall, Section 717.4(3) of the Criminal Code of Canada serves an important role in ensuring that individuals with a legitimate need for information contained in a criminal record are able to access it fully and efficiently, while also protecting the privacy and rights of the individuals whose records are being accessed.
COMMENTARY
Section 717.4(3) of the Criminal Code of Canada is an important provision which outlines the rules regarding access of information contained in a record authorized to be made available under this section. The provision is crucial in investigating and prosecuting criminal activities and ensuring justice is served. Essentially, it grants authorized persons the right to access information contained in a record and obtain copies of the relevant parts of the record. One of the key benefits of this provision is that it facilitates transparency and accountability in criminal justice proceedings. Authorized individuals, including law enforcement officers, prosecutors, and defense attorneys, have the right to access information that can aid their investigations and prepare their cases. This ensures that all parties have the necessary information to present their cases effectively, which can improve the overall outcome of criminal proceedings. Moreover, this provision ensures that the privacy rights of individuals involved in criminal proceedings are protected. While it grants access to information contained in a record, it does so in a way that seeks to minimize undue disclosure of sensitive information that may harm the reputation or personal safety of individuals involved. This helps to maintain the balance between protecting personal privacy and ensuring that justice is served. Additionally, this provision has important implications for access to justice. The ability for authorized individuals to obtain information contained in records can help to identify cases where systemic issues have caused injustices to occur. For instance, if a group of individuals have been consistently targeted by law enforcement officers, access to information contained in their records can help to build a case against such practices. Furthermore, it can help those charged with crimes to investigate the case against them and ensure that the evidence presented is accurate and reliable. Finally, this provision is important in ensuring that individuals involved in criminal proceedings have access to their legal rights. For example, an accused person may request access to information contained in a record to ensure that their constitutional rights have not been breached. Additionally, witnesses may request access to information contained in a record to help with their testimony and ensure that they are not providing false testimony. In conclusion, Section 717.4(3) of the Criminal Code of Canada is a vital provision that ensures access to important information in criminal proceedings, protects personal privacy, and promotes transparency and accountability in the criminal justice system. It is essential that this provision is consistently upheld, so that justice can be served for all involved.
STRATEGY
Section 717.4(3) of the Criminal Code of Canada outlines the authorized access to criminal records by individuals and organizations. While it allows for lawful sharing of information, there are strategic considerations and challenges that individuals and organizations must take into account when dealing with this section of the Criminal Code. One of the first considerations is ensuring that proper authorization for access is obtained. Access to criminal records without proper authorization is a serious offense and can lead to legal action against the individual or organization. Therefore, it is important to confirm the identity of the individual requesting access and ensure they have the necessary permission to do so. Another strategic consideration is maintaining confidentiality of the information. Criminal records often contain sensitive and highly confidential information. Therefore, it is imperative that measures are put in place to protect the information from unauthorized access, use or disclosure. This can be achieved through strong cyber security measures, strict access control, and regular training for employees. Organizations must also consider the ethical implications of sharing criminal records. While there may be legitimate reasons for sharing information, organizations must ensure that the disclosure is justified and lawful. Unjustified or unnecessary sharing of criminal records may result in negative consequences like damage to reputation, legal action against the organization, as well as emotional distress to the individual whose record is being shared. One of the possible strategies that can be employed to manage these challenges is conducting regular risk assessments to identify potential vulnerabilities and put in place appropriate measures to address them. Organizations may also create a policy framework that outlines the procedures for accessing criminal records, the criteria for authorization, and the security measures that must be in place to protect the information. Another strategy is training employees on the importance of confidentiality and the ethical considerations surrounding the sharing of criminal records. This training can help to raise the awareness of employees about the importance of protecting sensitive information and the legal implications of unauthorized access or sharing of information. In conclusion, section 717.4(3) of the Criminal Code of Canada provides authorized access to criminal records by certain individuals and organizations. While this provision is meant to enhance public safety and security, individuals and organizations must take strategic considerations into account when dealing with this section. The above strategies can help organizations to manage the risks, ensure proper access, and protect confidential information in the course of sharing criminal records.