Interpersonal Violence Disclosure Protocol (Clare’s Law) Act
Government institution
Royal Canadian Mounted Police
Head of the government institution or delegate for section 10 of the Privacy Act
Danielle Golden, Director of Privacy, Access to Information and Privacy Branch
Senior official or executive responsible for the privacy impact assessment
See divisional appendices since each province has their own framework and legislative requirements. This is not a national program.
Name and description of the program or activity of the government institution
Contract and Indigenous Policing
Legal authority for the program or activity
Section 18 of the Royal Canadian Mounted Police Act
Sections 57.5, 57.6 and 57.7 of the Royal Canadian Mounted Police Regulations
Standard or institution specific personal information bank
Operational Case Records, RCMP PPU 005
Victim Services, RCMP PPU 139
Description of the project, initiative or change
Clare's Law, often known officially as a Domestic Violence Disclosure Scheme, is a policy in England and Wales created as a guide for individuals to obtain information from the police regarding the risk of interpersonal violence posed by their current or former domestic partners. It was named in memory of Clare Wood who was killed in 2009 by her former domestic partner who had a record of violence against women that she was unaware of. In Canada, several provinces have adopted Clare's Law in the form of a statute, authorizing a police service to disclose certain risk-related information to a current or former intimate partner where such information could assist the current or former partner in making informed decisions about their safety and the relationship.
The RCMP recognizes that intimate partner violence continues to harm people in the communities that we serve, which is why the RCMP continues to increase efforts, services and support for all victims and survivors.
The RCMP National PIA speaks to the commonalities of Clare's Law that are expected to exist between the Provinces/ Territories that have/will adopt it. As provinces and territories enact their respective Clare's Law legislation, corresponding RCMP Divisions will develop and append their own divisionally specific Appendix to this PIA.
Clare's Law allows for the development of an Interpersonal Violence Disclosure Protocol to guide police services through the disclosure process. Under the Act, police services are authorized to disclose information to a potential victim of interpersonal violence in accordance with the established protocol. The principal aim of the protocol is to introduce recognized and consistent procedures, authorized through legislation, for the police service to consider the disclosure of information in order to protect a member of the public who may be at risk of harm from interpersonal violence or abuse. Each request for information made under this protocol is considered on a case-by-case basis. The law is focused on a risk assessment, considering any relevant convictions, warnings, charges, or diversions for violent or abusive offences; and/or information held about an individuals' behavior which reasonably leads the police of jurisdiction to believe that the individual poses a risk of harm to the applicant. The protocol recognizes two procedures for disclosing information: "Right to ask" is triggered by a member of the public applying to a police service or a provincial government for a disclosure and the "Right to know" is triggered by the police service making a proactive decision to disclose information to protect a potential victim. The protocol defines what information and can be disclosed as well as the condition under which a disclose can occur. While there may be variation depending on the jurisdiction, generally only the category of risk identified and, at the discretion of the police service, relevant criminal convictions, if applicable, can be disclosed as risk identification information under the protocol.
Purpose and scope of the privacy impact assessment
The objective of the privacy impact assessment is to ensure that the RCMP meets its legal obligations under the Privacy Act in relation to its disclosure of personal information during a Clare's Law disclosure and to ensure that privacy risks associated with any disclosures are appropriately managed.
Privacy analysis
Bases on its assessment, privacy impacts associated with the disclosures made under Clare's Law are expected to be moderate. Recommendations from the privacy impact assessment processed, once fully adopted are expected to reduce those risk to an acceptable level of risk. Potential impacts on the privacy of individuals are managed by the RCMP through appropriate legal, policy and technical measures geared at the protection of personal information and prevention of potential breaches.
Risk area identification and categorization
A) Type of program or activity
Administration of program or activity or services.
Level of risk to privacy: Moderate risk
B) Type of personal information involved and context
Sensitive personal information, including detailed profiles, allegations or suspicions or the context surrounding the personal information is particularly sensitive.
Level of risk to privacy: High risk
C) Program or activity partners and private sector involvement
Within the institution, with other government institutions, federal, provincial or territorial, and municipal governments and private sector organizations.
Level of risk to privacy: Elevated risk
D) Duration of the program or activity
Long-term program or activity
Level of risk to privacy: Moderate risk
E) Program population
The program's use of personal information for external administrative purposes affects certain individuals
Level of risk to privacy: Elevated risk
F) Technology and privacy
- Does the new or substantially modified program or activity involve implementation of a new electronic system or the use of a new application or software, including collaborative software (or groupware), to support the program or activity in terms of the creation, collection or handling of personal information?
Risk to privacy: No
- Does the new or substantially modified program or activity require any modifications to information technology legacy systems?
Risk to privacy: No
- Does the new or substantially modified program or activity involve implementation of new technologies or one or more of the following activities:
- Enhanced identification methods;
Risk to privacy: No
- Surveillance;
Risk to privacy: No
- Automated personal information analysis, personal information matching and knowledge discovery techniques?
Risk to privacy: No
- Enhanced identification methods;
- Level of risk to privacy: Low risk
G) Personal information transmission
All information collected and shared through the Disclosure Process will be recorded by the Investigator in the appropriate Records Management System and comply with the security policy concerning the storage and transmission of Protected B RCMP information.
Level of risk to privacy: Moderate risk
H) Potential risk that in the event of a privacy breach, there will be an impact on the individual or employee
As with all operational file types for the RCMP, there is a risk of employee snooping and unauthorized disclosure by an employee, this possibility carries inherent risks for all involved parties. There are risks associated with the release of someone's complete or partial criminal convictions and non-convictions without their consent.
If a person's convictions and non-convictions were improperly disclosed it could impact their ability to obtain employment, educational opportunities, shelter (rental property), and travel to other countries freely. The impact on the individual could be very significant. If their personal information was used or shared for illegal activities or malicious intent, it could leave them feeling victimized and potentially cause them embarrassment, loss of money, loss of reputation, stress and anxiety and other inconveniences. An inappropriate release of a criminal record and/or non-conviction (withdraw charge, absolute/conditional discharge, stayed charge, insufficient evidence to proceed, etc.) may prevent a person from renewing an employment contract or working in the field of their chosen vocation and may also impact their reputation.
With that said, this program carries minimal probability of a privacy breach due to the strong mitigating factors outlined in Clare's Law, the Protocol, and divisional policies and procedures.
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