Use and disclosure of biometric information
Posted 11/12/2012
The proposed regulations allow for biometric and related biographic information collected for immigration purposes to be used or disclosed for domestic law enforcement purposes, while ensuring that the information is used and shared in compliance with the Canadian Charter of Rights and Freedoms and the Privacy Act.
The RCMP would be authorized to use and disclose to Canadian law enforcement agencies biometric and limited biographic information, including an individual’s name, date of birth and gender, collected under the Immigration and Refugee Protection Act (IRPA) to establish or verify the identity of persons in some circumstances.
Specifically, when a fingerprint collected by the RCMP or submitted to the RCMP by another domestic law enforcement agency matches a fingerprint collected under the IRPA, the RCMP would be authorized to use or disclose the information for the purpose of:
establishing or verifying the identity of a person in order to prevent, investigate or prosecute an offence under a Canadian federal or provincial law;
establishing or verifying the identity of a person whose identity cannot be established or verified because of their death or any other physical or mental condition.
For example, access to identity‑related information collected under the IRPA could help in cases where unidentified fingerprints are found at a crime scene or where assistance is needed in identifying victims.
Immigration information sharing
Canada is a member of the Five Country Conference (FCC), a forum for immigration and border security, which also includes Australia, New Zealand, the United Kingdom, and the United States.
The FCC High Value Data Sharing (HVDS) Protocol is an initiative for sharing biometric information between the FCC member countries for immigration purposes. To date, immigration information sharing among FCC countries has resulted in:
Canada: revoking the refugee status of a man whom British records proved to be an American citizen.
Australia: identifying, on the basis of the immigration records of other countries, Pakistani citizens who claimed to be Afghan citizens.
The UK: returning a wanted rapist who pretended to be a Somali asylum seeker to Australia. He subsequently pleaded guilty.
The UK: taking action against an asylum seeker who used nine different identities and six different documents across the FCC countries.
Building on this, Canada and the U.S. committed to increase immigration information sharing as part of the 2011 Perimeter Security and Economic Competitiveness Action Plan, signed by Prime Minister Harper and President Obama. In 2014, both countries will begin to systematically share biometric information, in the form of fingerprints, from third-country nationals from certain countries who are temporary resident visa, work permit or study permit applicants. Enhanced information sharing promotes security and border efficiency by establishing and verifying the identities of foreign nationals, and identifying those who are inadmissible at the earliest opportunity.
Posted 11/12/2012
The proposed regulations allow for biometric and related biographic information collected for immigration purposes to be used or disclosed for domestic law enforcement purposes, while ensuring that the information is used and shared in compliance with the Canadian Charter of Rights and Freedoms and the Privacy Act.
The RCMP would be authorized to use and disclose to Canadian law enforcement agencies biometric and limited biographic information, including an individual’s name, date of birth and gender, collected under the Immigration and Refugee Protection Act (IRPA) to establish or verify the identity of persons in some circumstances.
Specifically, when a fingerprint collected by the RCMP or submitted to the RCMP by another domestic law enforcement agency matches a fingerprint collected under the IRPA, the RCMP would be authorized to use or disclose the information for the purpose of:
establishing or verifying the identity of a person in order to prevent, investigate or prosecute an offence under a Canadian federal or provincial law;
establishing or verifying the identity of a person whose identity cannot be established or verified because of their death or any other physical or mental condition.
For example, access to identity‑related information collected under the IRPA could help in cases where unidentified fingerprints are found at a crime scene or where assistance is needed in identifying victims.
Immigration information sharing
Canada is a member of the Five Country Conference (FCC), a forum for immigration and border security, which also includes Australia, New Zealand, the United Kingdom, and the United States.
The FCC High Value Data Sharing (HVDS) Protocol is an initiative for sharing biometric information between the FCC member countries for immigration purposes. To date, immigration information sharing among FCC countries has resulted in:
Canada: revoking the refugee status of a man whom British records proved to be an American citizen.
Australia: identifying, on the basis of the immigration records of other countries, Pakistani citizens who claimed to be Afghan citizens.
The UK: returning a wanted rapist who pretended to be a Somali asylum seeker to Australia. He subsequently pleaded guilty.
The UK: taking action against an asylum seeker who used nine different identities and six different documents across the FCC countries.
Building on this, Canada and the U.S. committed to increase immigration information sharing as part of the 2011 Perimeter Security and Economic Competitiveness Action Plan, signed by Prime Minister Harper and President Obama. In 2014, both countries will begin to systematically share biometric information, in the form of fingerprints, from third-country nationals from certain countries who are temporary resident visa, work permit or study permit applicants. Enhanced information sharing promotes security and border efficiency by establishing and verifying the identities of foreign nationals, and identifying those who are inadmissible at the earliest opportunity.
