45 Part 1 • • • whether the police appear to have exploited a particular vulnerability of the accused, such as a mental handicap or a drug addiction; the disproportionate involvement of the police, as compared with the accused, and the disproportionate risk or harm faced by the accused, as compared with the police in the commission of any illegal acts; and the existence of any threats, implied or express, made to the accused by the police officers. The persistence of the police requests and the length of time needed to secure X’s participation are elements pointing to the fact that the police went further than merely providing X with an opportunity. Nevertheless, the most important factor is that X was threatened by the undercover officer. Despite the reasonable suspicion that X was still involved in criminal conduct, threats are not permissible. Such behaviour constitutes entrapment. * This case study is taken from the facts in R v. Mack, and the analysis of the question on the findings of the Supreme Court of Canada in that case.52 1.2.4 Access to Bank Accounts and Other Confidential Information During the course of any intelligence-gathering operation or investigation of terrorism-related offences, it is highly likely that the investigators will wish to access bank accounts or other databases storing information that would usually be regarded as private and confidential. Terrorism suspects use these in the same way as any citizen, and will try to take advantage of the protection of private life to conceal evidence of their unlawful conduct and to evade detection or prosecution. When seeking to access these databases, investigators should keep in mind the right to private and family life, as explored above. However, they should also have due regard for the legitimate needs of banks and businesses to maintain the integrity of their own systems and not to be seen as handing over information to the authorities without having a legal duty to do so. Similarly, potential human rights implications should be carefully considered when entering into an exchange of confidential information on the basis of bilateral agreements between states. 52 52 Supreme Court of Canada, R v. Mack, Case number 19747, 15/12/1988, <http://scc.lexum. org/decisia-scc-csc/scc-csc/scc-csc/en/item/391/index.do>.