Can My Fingerprints be Deleted in Canada? The Legal Landscape of Fingerprint Deletion in Canada

What happens when data protection and personal privacy intersect with the law? Today, people are increasingly concerned about the retention and potential misuse of their biometric data, particularly fingerprints. But if the Canadian criminal system has had a reason to fingerprint you, it becomes part of a permanent database. What are the legal intricacies of fingerprint retention and deletion in Canada? Let’s take a look.

Fingerprinting in Canada: The Legal Framework

Fingerprinting in Canada is primarily governed by federal and provincial laws. The collection of fingerprints in Canada isn’t just a criminal matter. It also raises its head during criminal record checks. Individuals may have to give fingerprints as part of processes like background checks for employment, security clearances, or immigration purposes. However, as with crime-linked fingerprinting, once fingerprints are collected they are typically stored in databases for identification and verification purposes.

Regardless of where you were detained, the Royal Canadian Mounted Police (RCMP) maintains the National Repository of Criminal Records, which includes all fingerprint records of individuals involved in criminal activities.

What About Privacy Laws and Rights?

The right to privacy is protected by statutes such as the Privacy Act and the Personal Information Protection and Electronic Documents Act (PIPEDA). These laws govern the collection, use, and disclosure of personal information, including biometric data like fingerprints.

However, it is natural to be worried about what the government is ‘doing’ with your biometric data even with these laws in place. Despite this individual right to privacy, the deletion of fingerprints is still subject to certain limitations. Fingerprint records collected for criminal investigations or as part of criminal record checks are retained in the RMCP database, to help boost public safety and identify and track people with a history of criminal activity. For other use cases, the law is murkier, although it will no doubt evolve further as we become rooted in the so-called ‘digital age’.

Advancements in technology have, however, heightened concerns about the security and potential misuse of biometric data like fingerprints. The risk of cybercrime, data breaches and unauthorized access to sensitive information is rising daily. This means that having robust security measures in place to protect biometric databases is essential- but the government, and even laws, are not as quick to evolve as cybercriminals and technological advances are.

To add more confusion, the global nature of crime and security threats means that there is an increasing emphasis on international cooperation for law enforcement. This cooperation often involves the sharing of fingerprint and biometric data between countries, adding another layer of concern. While such collaborations are essential for addressing transnational crime, it also raises many questions about the protection of individual privacy on an international scale.

The Right to Access and Correction for Fingerprints

Individuals in Canada have the right to access their personal information, including fingerprint records, under privacy laws. This right allows individuals to request information about the existence and use of their fingerprints. However, the right to correction is not absolute. Especially when it comes to criminal record information, where keeping accurate and comprehensive records is crucial.

So then, the process of deleting fingerprints faces challenges rooted in the balance between individual privacy rights and the collective interest in maintaining public safety. While individuals may seek the removal of their fingerprints for a variety of reasons, including rehabilitation and personal privacy, the legal framework often prioritizes the broader societal need for accurate criminal records.

However, there are specific circumstances in which the record should be deleted, even if they often are not:

• Charges were dropped.
• You were found not guilty.
• You received a peace bond or discharge (both conditional and not).

If you were convicted, after you served your sentence, you may be eligible for a record suspension if you meet the criteria. Some records, however, such as for sexual crimes against minors, do not attract this.

What About The Expungement of Criminal Records?

The expungement of criminal records, including fingerprints, is a distinct legal process in Canada. If granted, the removal or destruction of records related to a criminal conviction tends to follow. Especially where the conviction is overturned or pardoned. Expungement is a mechanism to ensure individuals can have a ‘fresh start’ by erasing the legal consequences of their past convictions.

Erasing Fingerprints In Canada

If you want to have your fingerprint record destroyed and believe circumstances warrant it, the application has to be made to the police force in the city where you were originally charged. Application procedures vary by jurisdiction but typically take about 6 months to process. Do be aware that, even if the prints are deleted, police can still determine that you were fingerprinted in the past as the Fingerprint Section (FPS) number is retained in the RCMP database and will be a red flag to any background check.

If you’re hoping to have your fingerprint record destroyed, retaining a defence lawyer well-versed in the intricacies of fingerprint destruction is the best way to ensure your rights and freedoms are properly respected, and that the process is as seamless as possible.