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Disclosure and sharing of sensitive information

Author

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  • Daniel Murphy

Abstract

Purpose - Presentation on legal risks in business cooperation in a regulated sector in Canada. Design/methodology/approach - The paper reviews Canadian case law and privacy implications for businesses cooperating with regulators and the risk of such cooperation to the regulated scheme. Findings - The public interest in fostering regulator to law enforcement cooperation creates a potential risk to the regulator's scheme whenever the cooperation creates a risk that the regulator is a mere alter ego to criminal law enforcement. Practical implications - Case law in Canada considers the scope of regulator compliance functions and the impact of sharing information with criminal investigators. Too much sharing, without concern for the regulated environment may risk regulator's authority to obtain business information absent a pre‐existing independent court authorization. Originality/value - The paper is valuable to any regulator in a common law jurisdiction.

Suggested Citation

  • Daniel Murphy, 2006. "Disclosure and sharing of sensitive information," Journal of Financial Crime, Emerald Group Publishing Limited, vol. 13(4), pages 420-441, October.
    • Handle: RePEc:eme:jfcpps:13590790610707555
    DOI: 10.1108/13590790610707555
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