INTRODUCTION AND BRIEF DESCRIPTION
Persons receiving information or documents from an investigation cannot disclose them except for the purposes of the investigation.
SECTION WORDING
462.48(15) No person to whom information or documents have been disclosed or provided pursuant to this subsection or pursuant to an order made under subsection (3) shall further disclose the information or documents except for the purposes of the investigation in relation to which the order was made.
EXPLANATION
Section 462.48(15) of the Criminal Code of Canada is a provision that governs the disclosure of information or documents in relation to an investigation. This section applies to situations where information or documents have been disclosed or provided to a person pursuant to an order made under subsection (3) or under this subsection. The disclosure of such information or documents is strictly limited, and no one is allowed to further disclose the information or documents except for the purposes of the investigation in relation to which the order was made. The purpose of this provision is to protect the integrity of investigations and prevent the unauthorized disclosure of sensitive information or documents. By limiting the disclosure of information and documents to only those who need to know, this provision helps to ensure that investigations are conducted in a fair and impartial manner. It is important to note that the prohibition against further disclosure is not absolute. There are circumstances where the disclosure of information or documents may be necessary or permissible, such as when it is required by law or when it is necessary for the proper administration of justice. However, any further disclosure must be done in a manner that protects the interests of the investigation and the privacy rights of individuals involved. In conclusion, section 462.48(15) of the Criminal Code of Canada is a provision that regulates the disclosure of information or documents in relation to investigations. Its purpose is to protect the integrity of investigations and prevent the unauthorized disclosure of sensitive information or documents. Anyone who receives such information or documents is strictly limited in their ability to further disclose them, except for the purposes of the investigation in relation to which the order was made.
COMMENTARY
The right to privacy is one of the fundamental tenets of modern democratic societies. In order to protect this right, laws have been enacted to prevent unauthorized access to personal information. One such law that protects privacy in Canada is section 462.48(15) of the Criminal Code. This section governs the disclosure of information and documents obtained during an investigation under the Criminal Code. It applies to both individuals and organizations to whom such information and documents have been disclosed. The section prohibits these persons from further disclosing such information except for the purpose of the investigation for which the order was made. One of the primary reasons for the existence of this section is to prevent the unauthorized disclosure of personal information that could be used to harm individuals. For example, if an individual's identity is revealed during an investigation, that can lead to negative consequences such as loss of employment, harassment, or even physical harm. Therefore, it is essential that personal information gathered during an investigation is kept confidential. Another reason for the existence of this section is to ensure that information obtained during an investigation is not abused for other purposes. It is not uncommon for individuals or organizations to abuse information obtained under the guise of an investigation for personal gain. This section ensures that the information obtained is used solely for the purpose for which it was obtained. However, it is important to note that this section does not restrict the disclosure of information for legitimate purposes such as court proceedings or investigations that are related to the original investigation. This ensures that the information obtained is still available for legitimate purposes while preserving the privacy rights of the individual. Furthermore, this section applies to both individuals and organizations. This is significant as organizations often possess a significant amount of personal information of individuals. It is essential that such information is kept confidential to protect the privacy of the individuals involved. In conclusion, section 462.48(15) of the Criminal Code of Canada is an essential law that protects privacy by regulating the disclosure of information obtained during an investigation. The section helps prevent the unauthorized disclosure of personal information and ensures that such information is not abused for personal gain. While the section may seem restrictive, it is important to note that it does not restrict the disclosure of information for legitimate purposes such as court proceedings or related investigations. Overall, this section is an essential tool in protecting privacy in Canada.
STRATEGY
Section 462.48(15) of the Criminal Code of Canada contains strict provisions regarding the disclosure of information or documents obtained during an investigation. Violation of this subsection can result in criminal charges and severe penalties, making it crucial for individuals and organizations to carefully consider their actions when dealing with confidential information. In this essay, we will discuss some of the strategic considerations that need to be taken into account when dealing with this section of the Criminal Code of Canada and some possible strategies that can be employed. One of the most important strategic considerations when dealing with this section of the Criminal Code of Canada is to ensure that all individuals who have access to confidential information are well-educated about the provisions of the section. This includes employees, contractors, and any third-party organizations that may be involved in the investigation. Proper training can help protect them from inadvertently disclosing confidential information and ensure that they are aware of the penalties for violating the section. Another crucial consideration is to ensure that adequate controls are in place to manage confidential information throughout the investigation. This could include setting up secure electronic storage systems, creating detailed access and authorization protocols, and having a clear and comprehensive data backup plan in place. By taking these steps, organizations can ensure that confidential information is only accessed by authorized personnel on a strict need-to-know basis. One strategy that can be employed to minimize the risk of unauthorized disclosure is to establish a comprehensive incident response plan. This plan should outline procedures for responding to a breach, including steps to contain the breach, limit the damage, and notify authorities. Other strategies could include conducting regular security assessments to identify vulnerabilities and implementing best practices for safekeeping of confidential information. Organizations should also consider developing a communication plan that outlines the requirements for communicating information to third parties and the circumstances under which disclosures can be made. This plan should be clear, comprehensive, and periodically updated to ensure that it is up-to-date and reflects any changes in the legal landscape. Finally, one of the most effective strategies for minimizing risks associated with this section is to engage a qualified lawyer who can offer expert advice on how to navigate the legal landscape surrounding confidential information disclosure. This may involve developing legal agreements, negotiating with relevant parties, and offering guidance on how to respond to requests for information from law enforcement. In conclusion, section 462.48(15) of the Criminal Code of Canada is a critical aspect that individuals and organizations must be aware of when dealing with confidential information. By implementing best practices for security, communication, and incident response, taking steps to educate employees on the legal provisions, and working with qualified lawyers, organizations can minimize the risks associated with confidential information disclosure and ensure that their investigations are conducted according to the law.