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Notice of collection of personal information

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Project Title: Toronto Police Service Racial Profiling and Racial Discrimination Inquiry

Purpose for collecting the personal information and public benefit of the project

For over a decade, the Ontario Human Rights Commission (OHRC) has raised concerns about anti-Black racism in policing in Toronto. Carding and other practices that have a disproportionate negative impact on Black persons have eroded trust in police, which is essential to effective policing, and ultimately, public safety.

In order to inquire into and report on potential racial profiling of, and racial discrimination against, Black persons by the Toronto Police Service (TPS), the OHRC will be collecting data, including personal information, from the Special Investigations Unit (SIU), the TPS and the Toronto Police Services Board (TPSB).

 

Legal authority for collecting personal information

Section 31 of the Ontario Human Rights Code authorizes the OHRC’s collection of information as part of conducting a public interest inquiry. This collection is also consistent with s. 38(2) of the Freedom of Information and Protection of Privacy Act (FIPPA).

 

Limiting use and disclosure of personal information

The OHRC recognizes the importance of protection of personal information, protection of human dignity and maintaining public trust and confidence. We will take all reasonable steps to ensure that personal information is treated confidentially and is only used for the purposes it was collected. We will take all reasonable steps to prevent unauthorized access, use or disclosure of your personal information as directed by the FIPPA.

 

Description of the data sets involved

The documents and information that the OHRC has requested from the TPS, TPSB and SIU that may contain personal information are listed in Appendix ‘A’.  The data obtained from the TPS, TPSB and SIU will be analyzed by the OHRC, with the assistance of an expert retained by the OHRC.

 

Output of the analysis

The OHRC will report publicly on the inquiry process, findings and recommendations.  No personal information will be disclosed without the prior informed consent of the affected individual.  Data and information obtained from the TPS, TPSB and SIU will be de-identified and/or reported in aggregate form. 

 

Retention schedule for the data sets involved

Subsection 5(1) of the FIPPA, Regulation 460, requires the OHRC to retain personal information for at least one year after it is used, unless the person to whom the information pertains consents to its earlier disposal.  The OHRC will destroy all copies of data sets containing personal information as soon as is reasonably possible after it is no longer required.

Comments or complaints

Questions regarding personal information collected by the OHRC in the Toronto Police Service Racial Profiling and Racial Discrimination Inquiry may be directed to:

Ontario Human Rights Commission
Legal Services and Inquiries
180 Dundas Street West, 9th Floor
Toronto, Ontario M7A 2R9

Email: legal@ohrc.on.ca
Phone: (416) 314-4547
Attention:  Sandra Nishikawa, Counsel

All inquiries will be kept strictly confidential. 

Information Privacy complaints can also be directed to:
Ontario's Information Privacy Commissioner 
2 Bloor Street East, Suite 1400 
Toronto, Ontario M4W 1A8
Phone: 1-800-387-0073

 

Appendix ‘A’ Documents Requested from TPS, TPSB and SIU

  1. The OHRC has requested the following documents and information from the TPS and TPSB that may contain personal information, for the period from January 1, 2010 to June 30, 2017:

 

  1. Information recorded on various reports and records completed by TPS officers, including:
  • Person Investigated Cards
  • Field Information Reports
  • Community Inquiry Reports
  • Regulated Interaction Reports
  • Community Contacts
  • Community Inquiries
  • Community Safety Notes
  • Community Engagements
  • Contact Cards
  • Street Checks

 

  1. Information from charges laid and any accompanying arrests made, including release type and charge disposition, for certain charges including:
  • Simple drug possession
  • Resisting, wilfully obstructing or assaulting a police officer, uttering threats against a police officer
  • Loitering, trespassing or causing a disturbance
  • Failing to comply with a bail condition or undertaking to a police officer
  • Certain driving offences, including driving while under suspension, driving without a valid licence, failure to carry a licence and surrender a licence for reasonable inspection, failure to provide reasonable identification on a failure to surrender a licence, displaying a licence that has been suspended or altered, operating a motor vehicle without insurance, and failure to carry a permit or an insurance card.

 

  1. (a) Data and information recorded on Use of Force Reports submitted by TPS officers.

(b) Data and information on any records of arrest, occurrence reports, injury reports and General Occurrence Reports associated with incidents where use of force occurred.

  1. Documents and things that demonstrate whether and how the TPS and/or TPSB responded to or addressed from a disciplinary perspective the findings in certain human rights and racial profiling cases before the Human Rights Tribunal of Ontario and the courts.
     
  1. The OHRC has requested the following documents and information from the SIU, in relation to the TPS, for the same time period that may contain personal information:
  1. The complete investigative file of every case when the SIU investigated and did or did not lay charges against the officer, and the complete SIU Director’s report.
     
  2. Any letters from the SIU to the Chief of the TPS in relation to any SIU investigations, and any responses.

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