On April 15, 2014, the Office of the Information and Privacy Commissioner for British Columbia (the “Privacy Commissioner”) issued a report regarding the use of police information checks in British Columbia (the “Report”). The main focus of the Report is the scope of information provided in police information checks.
Currently police information checks include information about prior convictions, outstanding charges, and non-conviction information such as adverse police contact, investigations that did not result in charges and apprehensions under the Mental Health Act. Police agencies no longer provide criminal record checks which are restricted to information on prior criminal convictions.
The Privacy Commissioner's recommendations include that government and police boards should cease providing mental health information in all circumstances and should only provide non-conviction information for positions working in the vulnerable sector, i.e. with children and at vulnerable adults.
At this stage these are only recommendations. However, it is likely that police agencies will be more cautious with the information they disclose in police information checks. The Attorney General has also stated that she will consider whether legislation should be enacted limiting the scope of information disclosed in police information checks as recommended by the Privacy Commissioner. |