Collected information in police databases
 9. (1) This section applies with respect to the inclusion, in databases under the control of a police force, of identifying information about an individual collected by a police officer from the individual. (2) The chief of police shall ensure that the requirements under this section are complied with. (3) Access to identifying information shall be restricted in accordance with subsection (10) unless the information may be included in a database, under this section, without limiting the access of members of the police force. (4) Identifying information may be included in a database without limiting the access of members of the police force if, (a)  the police officer who collected the information, (i)  has indicated that the attempted collection complied with section 5, (ii)  has indicated that the individual was informed as required under clauses 6 (1) (a) and (b) or, if informing the individual under one of those clauses was not required under subsection 6 (2) or (3), has indicated the reason why that was not required, (iii)  has indicated that the individual was offered the document as required under clause 7 (1) (a) or, if offering the document was not required under subsection 7 (2), has indicated the reason why that was not required, and (iv)  has indicated that the individual was given the document offered under clause 7 (1) (a) or, if giving the document was not required under clause 7 (1) (b) or subsection 7 (2), has indicated the reason why that was not required; and (b)  either, (i)  the chief of police or a person designated by the chief of police has determined, after considering the officer’s reasons for the attempted collection, including the details referred to in paragraph 1 of subsection 5 (4), that it appears that section 5 was complied with and has ensured that clause (a) has been complied with, or (ii)  the database indicates that what is required under subclause (i) has not yet been done. (5) The following apply if what is required under subclause (4) (b) (i) was not done when the identifying information was included in the database: 1.  The chief of police or a person designated by the chief of police shall conduct a review, within 30 days after the information was first entered into a database under the control of the police force, to determine, after considering the officer’s reasons for the attempted collection, including the details referred to in paragraph 1 of subsection 5 (4), whether it appears that section 5 was complied with and whether clause (4) (a) has been complied with. 2.  If it is determined that it appears that section 5 was complied with and that clause (4) (a) has been complied with, the indication required under subclause (4) (b) (ii) may be removed. 3.  If it is not determined, before the end of the 30-day period described in paragraph 1, that it appears that section 5 was complied with and that clause (4) (a) has been complied with, the identifying information shall be retained, subject to the procedures developed under section 13 in relation to paragraph 4 of subsection 12 (1), in a database under the control of the police force but access to such retained information shall be restricted in accordance with subsection (10). (6) At least once a year, the chief of police or a person designated by the chief of police shall conduct detailed reviews of an appropriately sized random sample of the entries of identifying information included in a database under subsection (4) to estimate, within a margin of error of plus or minus 5 per cent, at a 95 per cent confidence level, whether it appears that sections 5, 6 and 7 were complied with. (7) If, as a result of a detailed review under subsection (6), it is determined, with respect to identifying information included in a database under subsection (4), that section 5, 6 or 7 was not complied with, the identifying information shall be retained, subject to the procedures developed under section 13 in relation to paragraph 4 of subsection 12 (1), in a database under the control of the police force but access to such retained information shall be restricted in accordance with subsection (10). (8) The chief of police shall consider the results of the detailed reviews under subsection (6) and take such actions as the chief of police considers appropriate. (9) Access to identifying information shall be restricted in accordance with subsection (10) after the fifth anniversary of the date on which the information was first entered into a database under the control of the police force. (10) The following apply with respect to identifying information to which access must be restricted: 1.  No person may access the information without the permission of the chief of police or a person designated by the chief of police. 2.  A member of the police force may be permitted to access the information only if the chief of police or a person designated by the chief of police is satisfied that access is needed, i.  for the purpose of an ongoing police investigation, ii.  in connection with legal proceedings or anticipated legal proceedings, iii.  for the purpose of dealing with a complaint under Part V of the Act or for the purpose of an investigation or inquiry under clause 25 (1) (a) of the Act, iv.  in order to prepare the annual report described in subsection 14 (1) or the report required under section 15, v.  for the purpose of complying with a legal requirement, or vi.  for the purpose of evaluating a police officer’s performance. Restrictions on Performance Targets