Privacy Protection
The
Act strikes a careful balance between the privacy rights of Canadians and the
needs of law enforcement and national security agencies. The protection of
privacy is a value that is an overarching and fundamental consideration in every
aspect of our operations. The PCMLTFA upholds the principles outlined in the Canadian
Charter of Rights and Freedoms and the Privacy Act, and it contains
significant provisions specifically designed to protect the privacy of
individuals as outlined in the accompanying table.
In
keeping with the PCMLTFA, FINTRAC applies a high standard of privacy protection
to the personal information under its control. A comprehensive set of
practices, policies and procedures are in place for the protection of personal
information. They include the application of the need-to-know principle,
guiding principles for the handling of sensitive and classified information and
diligent application of stringent measures surrounding the analysis and
disclosure processes.
Our
decision-making process subjects every suspicious case to rigorous analysis and
review ensuring that designated information is only disclosed when the
threshold for disclosure, as defined in the PCMLTFA, has been met. The
protection of information is a paramount consideration in the decision to enter
into an agreement with a foreign FIU for the exchange of information. In
addition, as required by the PCMLTFA, these agreements contain specific
provisions that commit those organizations to protect information and specifically,
not to use the personal information disclosed to them for purposes other than
the investigation or prosecution of money laundering and terrorist activity
financing offences and substantially similar offences.
FINTRAC
employees have similar obligations when it comes to safeguarding personal
information. To promote the privacy of Canadians, the PCMLTFA contains a number
of provisions relating to the protection of information and privacy, which
specify the particular circumstances under which designated information may be
disclosed. In any other case, the Centre is prohibited, as are its employees,
from disclosing any report received or any information – other than that which
is publicly available. Offences for unauthorized disclosure are serious and the
penalties associated with such offences are significant and can be up to five
years in jail, a fine of up to $500,000, or both.
| To promote the privacy of Canadians, the Proceeds of Crime (Money Laundering) and Terrorist Financing Act contains the following provisions: |
| 40(a) |
FINTRAC is an independent agency acting at arm's length from law enforcement
and other agencies that receive disclosures from FINTRAC.
|
| 40(c) |
FINTRAC must ensure that personal information under its control is protected
from unauthorized disclosure. |
| 53 |
The Director is prohibited from
disclosing to the Minister of Finance any information that
could directly or indirectly identify an individual who
provided a report to FINTRAC or a person or entity about whom
a report or information was provided.
|
| 54(b) |
FINTRAC may only collect information from public sources that it considers
relevant to money laundering or terrorist financing.
|
| 54(b) and 66(2) |
To access law enforcement databases, FINTRAC must enter into agreements
that state the nature of and limits with respect to the information that
FINTRAC may collect from those databases.
|
| 54(d) and (e) |
Reports and information received or collected must be destroyed within a
specified period.
|
| 55(1) |
Subject to exceptions in 55(3), 55.1, 56.1 and 65 and section 12 of the Privacy
Act, FINTRAC cannot disclose any report it received or any information it
collected – other than publicly available information.
|
| 55(2) |
FINTRAC's employees are subject to the same prohibitions as the Centre.
|
| 56.1 |
The Minister
must sign or approve MOUs with an agency of a foreign state or international
organization before any information can be disclosed by FINTRAC to the agency.
The MOU must restrict the use of
information and state that the information is to be treated in a confidential
manner and must not be further disclosed without FINTRAC's express consent.
|
| 55(5.1), 55.1(2) and 56.1(4) |
FINTRAC must record in writing its reasons for disclosure.
|
| 58(2) |
FINTRAC cannot disclose
information that would directly or indirectly identify either the provider of a
report or information or the subject of a report or information received by
FINTRAC.
|
| 59, 60, 60.1 & 61 |
Police and
CSIS must get a court order to gain access to additional information held by
FINTRAC. No one else can get this information.
|
| 71(2) |
Information on steps taken
to protect privacy must be included in an annual report.
|
| 74-77 |
Offences and punishment for
unauthorized disclosure can be up to 5 years in jail, a fine of up to $500,000,
or both.
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