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 Information - Public & Private (Confidential) Information is critical to the success or failure of an investigation. Information is the core element of the investigation process. Information is the life-blood of an investigation. Private investigators are information brokers. A client contracts with a private investigator to obtain information that is not known to and/or cannot otherwise be cost- effectively or efficiently obtained by the client in order to, among other things, locate a missing person, relative, beneficiary, client or debtor, to determine whether there is a basis for initiating, continuing, supporting or defending a civil proceeding or a criminal investigation as well as to conduct appropriate due diligence enquires related to a business or personal matter or relationship. Information is also sought simply for peace of mind, to relieve anxiety, and provide psychological closure where relevant and necessary information is not available that may confirm or refute a suspected activity or condition or that may validate or test otherwise unchallenged data or untested assertions of fact including identity, age, marital status, citizenship, financial status, character, experience, education, employment, address or criminal record history to name but a few matters of interest. Very little information in Canada is publicly available. Apart from information that individuals and businesses choose to disclose voluntarily such as published telephone numbers or business and personal data made available in various print and electronic media, i.e. magazines, telephone books, websites, virtually all personal, business and financial information in Canada is confidential and is not available to members of the general public or, strictly speaking, to private investigators. The Personal Information Protection and Electronic Documents Act, S.C. (P.I.P.E.D.A.), various provincial Privacy Acts, so-called Access to Information Acts, other legislation such as the Bank Act, related Regulations as well as internal government, corporate and other policies and rules severely restrict access to information of all kinds, including personal and financial information. Under ideal circumstances, a great deal of otherwise confidential information can be and often is provided by a client from records accessible to or otherwise in his or her possession, both of a foreign and domestic nature, including personal, business and cellular telephone records, land tile and real estate information, credit card, bank and brokerage account statements, private loan and mortgage data, motor vehicle and licence information, employment and residential history information, passport and social insurance number information as well as personal descriptions and photographs. When circumstances are less than ideal, however, for example, following the collapse of a personal or business relationship - by virtue of separation or otherwise - former ‘rights' or practical access to otherwise confidential information may no longer exist and gaining access to or disclosure of critical confidential information can become problematic if not virtually impossible. When such becomes the case, the need to obtain Consent and/or a Court Order can present numerous virtually insurmountable barriers in terms of practicality, timeliness and cost. Strictly speaking, there are only two methods to obtain otherwise confidential information in Canada. One must either obtain the Consent of the person or entity to whom or which the record relates or one must obtain a Court Order from a court of competent jurisdiction. It should be obvious that in most situations where a discreet enquiry is sought or where there may be potential civil or criminal liability or other form of jeopardy, Consent will be impossible to obtain. Accordingly, because a request for Consent is simply not a viable option, a classic "Catch 22" situation results. If Consent can be obtained, there is no need for a Court Order. However, in the absence of Consent, a Court Order cannot be obtained without bringing before the Court relevant information upon which to base the issuance of the Court Order. But, if the only method or basis to obtain the relevant information is by Consent, then, without Consent, no relevant information can be obtained. A Plaintiff - or indeed anyone who needs access to and disclosure of confidential, non-public information under these circumstances - faces an impregnable wall protecting and denying access to critical information necessary to protect his or her personal and/or business interests or to level the playing field between the party or entity that continues to enjoy access to and control of the confidential data in question. Information is power. If only one party has access to and control of relevant information, the party that is denied access to such information effectively is, by definition, powerless. Under such circumstances, the ability to obtain a successful resolution of a conflict by negotiation or litigation presents an almost impossible challenge. Some of the limited kinds of information available publicly in Canada are lien and loan information (P.P.S.A. Records), land title information, bankruptcy and trademark data, court (civil) litigation filings, corporate records (usually not including shareholder information), published personal and business telephone numbers and related information, voluntarily disclosed information in personal and business websites and information found in public print and electronic media some of which otherwise would be confidential. Virtually all other information is considered to be private and confidential. The Canadian situation contrasts sharply with the availability of records in other countries such as the United States of America where a great deal of what would be considered to be private and confidential information in Canada can be obtained from numerous commercial databases in that country for the payment of a small fee. There are no comparable comprehensive information databases in Canada similar to those that exist in the United States. Consequently, it is not only more costly to obtain similar kinds of information in Canada but some of the information simply cannot be obtained at all without violating various kinds of legislation or government and corporate rules. (In some cases, however, Canadian data that would otherwise be considered confidential and not accessible can be obtained through certain commercial databases developed and maintained in the U.S., other public sources such as media records and internet sites, from friends who happen to have access to otherwise confidential information by virtue of their employment and/or from information submitted by confidential informants who refuse to identify themselves.) Everyone involved in a personal or business relationship is well-advised to inform him or herself of all information and records relevant to that relationship and to make and retain a personal copy of that information and those records as a matter of routine during the course of the relationship. (Such data may be impossible to obtain should the relationship terminate.) Moreover, an individual who, for whatever reason, is uncomfortable in their business or personal relationship, feels in jeopardy, or senses a risk of separation or termination of that relationship should discreetly - unless this has been an ongoing practice - also inform him or herself of all information and records relevant to that relationship and to make and retain a personal copy of that information and those records. (Such data may be impossible to obtain should the relationship terminate.) It is absolutely critical to understand that once a business or personal relationship terminates, it may be virtually impossible to gain access to personal, business and/or cellular telephone records, credit bureau reports, bank account information, credit card statements, brokerage account records, income information, medical records, corporate ownership data, criminal record information or, indeed, basic employment and residential information. This situation is made even more complex in the event there are international, i.e. so called "offshore" or otherwise hidden records. Hiring a lawyer to assist obtaining this type of information can be a costly, inappropriate and often unrewarding initiative especially when it is recognized that the lawyer faces the very same access challenges as his client and often simply hires a private investigator to attempt to obtain the information that the lawyer is also unable to access. Privacy legislation, ostensibly designed to protect the personal and business interests of individuals within a particular jurisdiction, appears at first glance to be a beneficial and positive aspect of social development in the definition of what are the acceptable boundaries of access to, disclosure and use of personal and business information in everyday circumstances. THERE IS, HOWEVER, A CLEAR DARK AND NEGATIVE SIDE TO PRIVACY LEGISLATION - SYSTEMIC IN NATURE - THAT IS (CONVENIENTLY?) POLITICALLY UNRECOGNIZED, UNRESOLVED AND IGNORED. PRIVACY LEGISLATION, DESIGNED IN THEORY TO PROTECT PERSONAL AND BUSINESS DATA UNDER ‘NORMAL CIRCUMSTANCES', IN PRACTICE - BY PREVENTING ACCESS TO CONFIDENTIAL INFORMATION WHEN PERSONAL AND BUSINESS RELATIONSHIPS TERMINATE OR WHEN LAWS ARE VIOLATED - DOES NOTHING BUT HINDER AND PREVENT THE EFFECTIVE CRIMINAL AND CIVIL INVESTIGATION OF SUCH MATTERS AS UNLAWFUL ‘KICKBACK' SCHEMES, THEFT, FRAUD, ORGANIZED CRIME, MONEY LAUNDERING, POLITICAL CORRUPTION, EMBEZZLEMENT AND THE INAPPROPRIATE ‘DIVERSION' OF ASSETS IN MATRIMONIAL SITUATIONS BY MANIPULATIVE AND DECEITFUL INDIVIDUALS. MORE GENERALLY, PRIVACY LEGISLATION SIMPLY BLOCKS ACCESS TO AND FRUSTRATES INDIVIDUALS WHO ATTEMPT TO OBTAIN AND/OR CHALLENGE INFORMATION NECESSARY TO PROTECT THEIR EVERYDAY PERSONAL AND BUSINESS INTERESTS BY DENYING THEM ACCESS TO THE VERY INFORMATION THEY NEED TO CONDUCT EFFECTIVE DUE DILIGENCE ENQUIRIES AND MAKE CRITICAL TACTICAL DECISIONS BASED ON THAT INFORMATION. Despite these challenges, private investigators, many with considerable public law enforcement experience, can apply various proven investigative methods and techniques, access little-known commercial and unique databases both of a commercial and public nature and can contact sources of information not known or available to the general public to assist a client in locating and disclosing much of the critical information he or she may need to assist in the successful negotiation and resolution of whatever issue is in question.
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