One of the hot topics in privacy policy at the moment is the
question of whether there should be a right to be forgotten.
Should, for example, an indiscretion captured in a photo and shared
via social media be purged?
The Canadian Civil
Liberties Association (CCLA) has weighed into the debate by
tackling a specific and pressing issue: The retention and
disclosure of non-conviction records in police background checks.
The CCLA's recent report is provocatively titled "Presumption of
Guilt?"
The CCLA notes that most people who interact with police will
never be convicted of a crime. These people may be victims of
crime, be witnesses, or be targets of an investigation or a
"person of interest". In some cases, a person is simply
has an undiagnosed or untreated mental health need and law
enforcement officers are first responders. Records of these
interactions may be created in each of these cases. In addition, of
course, records will be created in situations where the
