Criminal Law Program Privacy Notice
The nature of our criminal law monitoring program means that the person to be monitored and others who will be part of their plan, such as sureties and co-payors, will need to consent to our collection, use and disclosure of personal information. The reason that our program is included as a condition in court orders such as pre-trial release (bail) orders, peace bonds and conditional sentences is BECAUSE the information collected by the monitoring program is available, without limitations when acting in the course of their duties, to police, probation officers, conditional sentence supervisors, prosecutors and the court. Once a person is being monitored by our program, the information we share with these authorities about them and anyone participating in their plan, such as a surety, will be sensitive, extensive, and may have serious consequences, such as, but not limited to, being subject to a police investigation, conditions being varied to be more strict, arrest, incarceration, new criminal charges, and/or the forfeiture of money pledged to the court as security.
When you make an inquiry about our criminal law program, we will collect whatever information you provide to us. This may include your name, contact information, and any details you provide about the situation that has led to your inquiry. We will use this information to respond to your inquiry so that you can decide whether or not you wish to proceed with including our program in a plan being proposed to the court.
If requested by counsel, we will use the information provided to us to prepare a Readiness Letter addressed to the court, confirming the details that we have about the proposed plan, including the address of the proposed residence and details about how the proposed form of monitoring would work.
Once in the program, the information we collect will include names and contact information for the person to be monitored and any sureties and co-payors. Via the monitoring device that is used (GPS, radio-frequency or alcohol monitoring), we will collect extensive data that, depending on the type of monitoring and your role, may include a continuous or point-in-time record of your location, recordings of your voice, photos and videos of you, records of alcohol tests taken in the form of breath or transdermal vapour samples, and the contents of any communications we may have with you or with others about you.
We will use the information we collect to administer your participation in the program and to fulfil the program’s purposes. This includes fulfilling our commitment to report apparent violations to law enforcement, disclosing any information in our possession to any police service in Canada who may request it without notice to you, and providing law enforcement, if they request it, with open access to the monitoring system so that they can view the information stored there directly at any time.
In order to deliver the program, we need to use the services of third party companies, such as the companies that provide the monitoring equipment and software, the companies who provide the tools we use for internal and external communications such as email and telephony, the tools we use to create and store documents, and, in cases that require it, the companies involved in operating our mobile application. Some of these companies and the data we share with them will be stored in countries other than Canada, including but not limited to the United States. Such data may be provided to law enforcement or national security authorities of that jurisdiction by the third party, upon request, in order to comply with foreign laws.
While you have the right to request access to personal information we have about you, during the time of your participation in the program, we may deny or delay access if it would compromise the program’s purposes, such as during an active police investigation.
In situations where you make an inquiry but do not contact us again, or if you propose our program and the result of the case is that participation is not required, our current policy is that we will delete the information we collect after no longer than one year from our last contact with you.
If you do participate in the program as a result of a court order requiring it, our current policy is that we will keep all information for up to 15 years from the last day of your participation. This is so that the information remains available in the event of a police investigation relating to the time of your participation. After 15 years, or earlier at our discretion, our current policy is that we will delete the information.
Our policies may change or be updated from time to time, so please check this page first whenever you have questions or concerns in order to see our then-current privacy notice.
Our Privacy Officer is Peter Marshall. If you have questions or concerns relating to personal information and privacy, please email them to firstname.lastname@example.org.
Information about privacy laws and your privacy rights is available on the website of the Office of the Privacy Commissioner of Canada.