A new policy on the controversial practice known as “carding” has been approved by the Toronto Police Service board, despite criticism from activists who take issue with the retention of historic carding data.
The policy, which is designed to comply with Ontario-wide regulations that will go into effect on Jan. 1, prohibits officers from collecting information from individuals if “the attempted collection is done in an arbitrary way.” The policy also prohibits offices from collecting information from individuals because they are a member of a “particular racialized group,” however there are several exceptions to that clause.
Police will still be able to stop an individual of a particular ethnic group provided that being part of that group forms “part of a description” of a suspect or individual that the officer is seeking. Police will also still be allowed to specifically stop people from a particular ethnic group provided that they have “additional information,” such as a physical description, that may help to identify the individual they are seeking.
The policy also allows for the retention of existing data obtained through carding but stipulates that access to the data be restricted and that the data be stored in a way in which it provides “an auditable technological trail.”
“There is a very high watermark with respect to when it can be used,” Police Chief Mark Saunders told reporters following the meeting. “It is going to be taken away from all of the other systems and in order to get access to it; it has to go through me. I also have to account to an independent committee and explain why I gave access and we will also be measuring who has asked for access so the public has an understanding of what we are doing with the information. We are hoping that extra layer of oversight will enhance trust.”
The proposal to keep existing carding data has upset anti-carding activists, many of whom have participated in social media campaign using the hashtag #destorythedata.
Speaking with CP24 following the meeting, anti-carding activist and freelance journalist Desmond Cole said that the retention of the data means that information that was collected illegally can continue to be used for the foreseeable future.
Saunders and other members of the TPS board have suggested that the retention of the data is necessary, in part, due to several pending lawsuits and the potential for further legal action around carding in the future. Saunders also told reporters on Thursday that in some cases the data could assist with investigations and ultimately “save lives.”
“Our chief of police has come today and told us that he is comfortable with his officers using information that might have been collected illegally because there might be some good to it. That tells you everything you need to know about the state of policing in Toronto,” Colle said. “The chief of police says that if we steal your information, if we violate your privacy and rights, we still have the ability to use that data later.”
Saunders admitted on Thursday that some carding data was collected unlawfully but he said that there is no easy way to determine what portion of existing data falls under that category.
“Right now we are liable if we eliminate things,” he said. “People are saying we did it wrong, we admitted we were wrong in certain instances and now to remove that evidence we might as well be signing the checks right now.”
Officers can’t stop individuals on basis of being in high crime area
Under the regulations, police will only be allowed to stop and collect information from an individual if they “reasonably suspect” that identifying the individual could assist with a specific investigation or help with the “gathering of information for intelligence purposes.”
The policy, however, adds that an officer’s reasoning for the collection of information cannot be based solely on the “individual being present in a high crime location” or because the individual has declined to answer a question from the officer or is “attempting to discontinue interaction with the officer.”
Officers will also have to provide receipts to individuals that they card and inform all individuals that they are attempting to collect information from that they are not under a legal obligation to comply.
“This policy is the culmination of an extremely comprehensive process that included detailed legal analysis, extensive community consultation and a thorough consideration of the operational realities of policing,” TPS Chair Andy Pringle said in a memo accompanying the proposed policy. “I believe that this policy strikes the appropriate balance, taking account the complexity of factors involved in this enormously important and sensitive issue.”
