INTRODUCTION AND BRIEF DESCRIPTION
This section allows a production order to require a financial institution to provide a persons date of birth and current and previous addresses for identity confirmation.
SECTION WORDING
487.013(2) For the purpose of confirming the identity of the person named in the order or whose account number is specified in the order, the production order may require the financial institution, person or entity to produce that person’s date of birth, current address and any previous addresses.
EXPLANATION
Section 487.013(2) of the Criminal Code of Canada authorizes a production order of financial information to identify a person who is suspected of committing a criminal offense. In particular, this section allows law enforcement agencies to obtain a person's date of birth, current address, and any previous addresses to verify their identity. The information authorized to be obtained through this section is vital in criminal investigations, as it forms the foundation for establishing the identity of a suspect. It is important to note that this section does not authorize a fishing expedition of financial information. Instead, the production order must be narrowly tailored to obtain only the necessary information for identifying the person named in the order. Moreover, a production order can only be issued by a judge or justice of the peace, and it must be supported by reasonable grounds that the requested information is relevant and necessary to the investigation. Any financial institution, person, or entity served with a production order must comply with it in good faith. Failure to comply with a production order may lead to severe consequences, such as contempt of court charges. Overall, Section 487.013(2) of the Criminal Code of Canada helps law enforcement agencies to gather critical information for solving and preventing crimes. However, it is also essential to protect the privacy and confidentiality of the financial information of citizens. Therefore, strict compliance with the requirements of this section and other applicable statutes and regulations is crucial to balancing the interests of law enforcement and individual rights.
COMMENTARY
Section 487.013(2) of the Criminal Code of Canada grants certain authorities the power to issue production orders upon financial institutions and other entities to disclose personal information about an individual. The purpose of such an order is to confirm the identity of the individual named in the order or whose account number is specified in the order. The personal information that can be disclosed by the financial institution or entity includes the individual's date of birth, current address, and any previous addresses. This information is crucial in the identification of an individual, and it can be used in the course of a criminal investigation. While the provision of personal information is necessary for law enforcement purposes, it should be done with utmost care to preserve the individual's privacy. The disclosure of personal information must be done in accordance with the Privacy Act and other relevant laws. One of the concerns that arise from production orders is the misuse of personal information. In the wrong hands, personal information can be used to commit identity theft or other fraudulent activities. To this end, the law requires that the information obtained must be used only for the purpose for which it was obtained. It cannot be shared with third parties or used for any other purpose. Another concern that arises is the potential for abuse of production orders by law enforcement agencies. Production orders can be used to obtain large quantities of personal information from financial institutions and other entities. This information can be used to create profiles on individuals, and it can be used to monitor the activities of individuals. This level of surveillance can be intrusive and may violate the privacy rights of individuals. To minimize the potential for abuse of production orders, the law provides for strict safeguards. For instance, a production order can only be issued if there is a reasonable belief that an offense has been committed, and the personal information sought is necessary for the investigation. The order must also be approved by a court or authorized person. In conclusion, Section 487.013(2) of the Criminal Code of Canada serves an important purpose in criminal investigations. However, it should be used sparingly and in accordance with the law to prevent the misuse or abuse of personal information. The authorities should also prioritize the protection of an individual's privacy rights when seeking to obtain personal information through production orders.
STRATEGY
Section 487.013(2) of the Criminal Code of Canada enables law enforcement officials to obtain information on a financial account holder, including personal information such as their date of birth, current address, and any previous addresses. There are several strategic considerations when dealing with this provision of the Criminal Code that individuals or organizations must consider. Firstly, when law enforcement officials obtain a production order, the financial institution or entity is obligated to comply with the request and provide the requested information. As such, it is essential to ensure that all procedures in handling and processing these production orders are compliant with the requirements of the law to maintain transparency and avoid legal complications. Failure to comply with the provisions of this law may result in legal penalties. Secondly, individuals or organizations must ensure that requests for information are valid and made for justifiable reasons. Law enforcement officials must have a reasonable motive for the investigation, and the request must be relevant to the investigation. As such, financial institutions must verify the legitimacy of the request and ensure that the information requested is in line with the applicable legal standards. Thirdly, when dealing with Section 487.013(2) of the Criminal Code, it is vital to maintain the confidentiality and privacy of the affected parties. Where personal information is requested, financial institutions must take steps to ensure that the privacy rights of the customers are safeguarded. This includes implementing measures to protect sensitive information against unauthorized access, misuse, and loss. Furthermore, effective records management and information retrieval practices are critical to ensuring compliance with this provision of the Criminal Code. Financial institutions must keep accurate records of the production orders received and the information provided. This is essential for auditing purposes and to ensure that the financial institution operates within the confines of the law. In conclusion, there are several strategic considerations when dealing with Section 487.013(2) of the Criminal Code of Canada. These considerations include compliance with the law, validation of requests, maintaining confidentiality and privacy, and effective records management and information retrieval practices. By implementing these strategies, financial institutions and individuals can ensure that they comply with the law and avoid legal complications.