What are criminal records databases for?
The elimination of judicial records is a topic that has been talked about a lot because there are conflicting opinions about it. On the one hand, it is said that from a Human Rights perspective, its elimination and criminal record pardons Canada is necessary because it can generate discrimination against the person whose legal situation has already been resolved, having served the sentence or who has not yet been defeated in court. On the other hand, there is a thesis that this elimination could put at risk the rights of other people, such as children in the case of crimes against them.
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Who is in charge of removing the criminal record?
According to the law, it is is the body that is obliged to refrain from including criminal records of people who have served their sentence or have prescribed it.
What are criminal records databases for?
These bases are especially useful to establish what is the situation of the person deprived of liberty before the law, in this way the databases are used to analyze if any person who wants to access a benefit or criminal surrogate, such as probation, has any other matter pending with the law.
In this way, databases must be used especially by the state, to protect general interests and public morality. It is also used by authorities to carry out intelligence work.
What is the position of the Constitutional Court?
The Court establishes that the issue of the management of personal data must always have a specific purpose established by law, which is why the authorities are authorized to use the criminal databases because of their purposes for protection of national security and criminal prosecution.
However, on the other hand, there is the usefulness that individuals give to such information since it is generally used by employers in the selection process. In this regard, the Court says that there is no clear purpose or established in the law, therefore this type of use could not be presented for databases.
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