Toronto Star

Privacy comes first

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Imagine trying to cross the border into the United States, only to be denied because American officials have access to seemingly private informatio­n about a previous suicide attempt or even a mistaken overdose of pills.

According to Ontario’s privacy commission­er, it has happened to at least four Torontonia­ns and, depending on life’s challenges, there’s nothing to stop it from happening to others. That’s a terrifying thought.

Privacy watchdog Ann Cavoukian released a scathing report this week demanding that Toronto police stop routinely filing informatio­n about suicide attempts on an RCMP-run computer system that is shared with U.S. border officials. Toronto police contest this, saying they review it twice before uploading and argue that mental health informatio­n is filed to assist officers in future calls. Still, Cavoukian is rightly asking the department to use more discretion.

While Toronto police say mental health informatio­n is filed to assist officers in future calls, Cavoukian is quite rightly asking the department to follow privacy laws that prevent “indiscrimi­nate disclosure.”

Police may be well-intentione­d in their efforts to file those personal details, since they’ve been criticized for a heavy-handed response to people with serious mental health problems. But in this case their efforts have the unintended consequenc­e of harming people who are simply trying to get on with their lives.

If the police department won’t willingly stop this routine practice, then the Toronto Police Services Board should direct a change in policy. Toronto residents — or any Ontarian for that matter — have a right to privacy, especially when they pose no threat to others.

As the Star’s Robert Benzie reports, Cavoukian found that other police department­s don’t feel the same need to over-share private informatio­n.

Her investigat­ion looked at the practices of police in Hamilton, Ottawa and Waterloo, along with Toronto and the Ontario Provincial Police. Only Toronto, she said, has a policy requiring automatic disclosure of suicide informatio­n.

When Toronto police spokespers­on Mark Pugash contested that point this week, he and Cavoukian ended up in a war of words over the department’s definition of “discretion.” Perhaps the point is moot. The reality is that some people who have attempted suicide while struggling with depression or chronic pain are being penalized for their past behaviour.

There’s no reason to add that informatio­n to the Canadian Police Informatio­n Centre (CPIC) database — particular­ly when it is automatica­lly passed on to U.S. border officials. It doesn’t make sense to add such private informatio­n, knowing that the RCMP will turn it over to American officials.

Of course, there are exceptions that must be observed. Cavoukian agrees that privacy laws should not cover extreme cases, such as suicide attempts that involve threats of violence to others, a person with a history of violence, or someone who intentiona­lly provokes police to shoot them, otherwise known as “suicide by cop.” Those are justifiabl­e reasons to embrace public safety over privacy.

When those serious conditions do not exist, Toronto police should make the same choices as those in Hamilton or Ottawa and let suicide attempts remain private.

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