The decision by Victoria and Esquimalt鈥檚 police department to scale back on criminal-record checks is disappointing. The department could have addressed concerns from sa国际传媒鈥檚 privacy commissioner without turning off the taps.
In April, privacy commissioner Elizabeth Denham said sa国际传媒鈥檚 system of background checks is too broad, and police departments should stop disclosing people鈥檚 mental-health records when conducting background checks for employers and volunteer organizations.
The police board has decided the department should do only vulnerable-sector checks 鈥� a more stringent process for those working with children, the elderly or people with disabilities 鈥� until a provincewide policy is developed concerning what information to release to volunteer organizations and employers.
Until then, people living in Victoria and Esquimalt will have to pay at least $45 for a private-sector background check, a fee that will create hardships for non-profit groups.
Criminal-record checks have gone from being a rare requirement for high-risk jobs to an almost routine component when people are applying for jobs or to become volunteers. The trend is unfortunate, but necessary in many cases. It鈥檚 relevant to know whether a volunteer who will be working with children has a record of sex abuse. It鈥檚 important to know if an employee with access to confidential files on individuals has a record of fraud or identity theft. In our mobile society, reference checks and other measures provide only so much data.
Criminal-record checks are not simply checks for criminal convictions. Forms vary, but most include a space for police to indicate if there could be 鈥渓ocal records of concern鈥� or of 鈥渘egative police contact.鈥� Those could, depending on the interpretation of police departments, include anything from an investigation of a noise complaint to your call to report a neighbourhood altercation.
Denham said police should also stop releasing unproven allegations and other information, except in cases where employees will be working with children or vulnerable adults. She also noted cases in which mental-health information contained in a background check affected prospects for employment.
The problem is not unique to sa国际传媒 Denham鈥檚 Ontario counterpart, Ann Cavoukian, has called on police services to show greater discretion in posting mental-health-related information. This came after a Toronto woman was denied access to the U.S. on the basis of a mental-health issue 鈥� a suicide attempt the year before.
But Victoria police Chief Frank Elsner makes a good point when he says there are cases in which mental-health information is important. He said years ago, he was stabbed by a woman with mental-health issues who had been dealt with under the Mental Health Act, but had not been criminally charged. That meant she would not show up on a check for criminal records.
鈥淲e really had to strike a balance between keeping folks safe and respecting people鈥檚 rights,鈥� Elsner said of the police board鈥檚 decision. 鈥淲e鈥檙e waiting for some government direction.鈥�
The problem is not new. In February 2010, an official with the Attorney General鈥檚 Ministry described this as 鈥渁n issue that鈥檚 been hanging out there for a long, long time.鈥� A 10-member committee, including representatives of the RCMP, municipal police and the province, is supposed to be working on recommendations for change.
The province and the committee should expedite the process 鈥� delays in processing background checks can mean delays in obtaining employment for some, or a wait to use the valuable services of a volunteer.
Meanwhile, the Victoria police department could have adapted its policies to accommodate the privacy commissioner鈥檚 concerns until the provincial policy is solidified.
