If Bill C-27 (2nd Session, 39th Parliament with first reading on 21 Nov 07) will make it an offence to recklessly make available or sell personal information knowing it will be used to commit fraud.
The wording that concerns me:
Everyone commits an offence who transmits, makes available, distributes, sells or offers for sale another person’s identity information, or has it in their possession for any of those purposes, knowing or believing that or being reckless as to whether the information will be used to commit an indictable offence that includes fraud, deceit or falsehood as an element of the offence
How will the term “reckless” be defined and measured? The people writing this law need to take into consideration what has happened with the requirement to safely store firearms.
In the case of the law requiring the safe storage of firearms, a group of street gang members rappeled down the side of an apartment building and broke into an apartment, and for four days, they continuously used industrial power tools to open a huge money safe and steal some handguns. Without a clear definition in law of what constitutes “safe storage”, the gun owner was charged with unsafe storage of the firearms. This type of malicious misuse will surely follow if Bill-C27 is passed without a clear definition of what constitutes being reckless.
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