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The Personal Information Protection
Act ("the Act") regulates private sector organizations
in British Columbia that collect, use and disclose personal
information. "Personal Information" means all
information about an identifiable individual. The MacIsaac
Group of Law Firms recognizes the importance of privacy and
the sensitivity of personal information received by us.
Our professional obligation has always been to maintain
the confidentiality of client information and we recognize
our obligations concerning the personal information of all
individuals that we collect, use or disclose in our practice.
This privacy policy has been developed with those obligations
in mind.
Our Need for Personal Information
In order to provide legal advice to our clients, we need
access to all relevant facts and information that relate
to their situation. This information includes personal information
about our clients and about others dealing with our clients.
Collection, Use and Disclosure of Personal Information
Where practical, we collect personal information directly
from the person to whom the information pertains. When necessary,
we will collect personal information from other sources.
By retaining this firm for legal advice or representation,
an individual consents to our necessary collection, use or
disclosure of the individual’s personal information
in order to properly advise and represent the individual.
It is our policy to collect personal information about individuals
other than our clients in accordance with the provisions
of the Personal Information Protection Act.
The Act provides that an individual has consented to our
collection, use or disclosure of personal information about
that individual if, at the time the consent is deemed to
be given, the purpose would be considered obvious to a reasonable
person. In such circumstances, we will collect, use or disclose
personal information without obtaining a written or verbal
consent to do so.
The Act also allows us to collect, use or disclose personal
information about an individual in some circumstances without
the individual’s consent. Those include (but are not
limited to) circumstances in which:
- the collection, use or
disclosure is clearly in the interests of the individual
and consent cannot be obtained
in a timely way;
- it is reasonable to expect that the collection
or use of personal information with the consent of the
individual would
compromise the availability or accuracy of the information,
and the collection or use of the information is necessary
for an investigation or proceeding;
- it is reasonable to expect
that the disclosure of personal information with the
consent of the individual would compromise
an investigation or proceeding, and the disclosure of
the information is necessary for an investigation or proceeding;
- the
personal information is available to the public from
a prescribed source;
- the collection, use or disclosure of personal information
is required or authorized by law.
When we collect, use or disclose personal information, we
take reasonable efforts to ensure that it is accurate and
complete.
Security of Personal Information
We recognize our professional and legal obligations to protect
the confidential information of our clients. We also recognize
our legal obligations to protect the personal information
we have gathered about our clients and about other individuals
during the course of our practice of law.
We take all reasonable steps to avoid unauthorized access,
collection, use, disclosure, copying, modification, disposal
or destruction of personal information.
Requests for Access to Personal Information
The Act allows individuals to submit written requests to
us to provide them with:
- their personal information under
our custody or control;
- information about how their personal
information under our control has been and is being used
by us;
- the names of the individuals and organizations to
whom their personal information under our control has
been disclosed
by us.
We will respond to requests as required by the Act and will
make a reasonable effort to assist applicants and to respond
as accurately and completely as reasonably possible. All
requests may be subject to any fees and disbursements the
law permits us to charge.
An individual’s ability to access his or her personal
information under our control is not absolute. The Act provides
that we must not disclose personal information when:
- the disclosure
could reasonably be expected to threaten the safety or
physical or mental health of an individual
other than the individual who made the request;
- the disclosure
can reasonably be expected to cause immediate or grave
harm to the safety or to the physical or mental
health of the individual who made the request;
- the disclosure
would reveal personal information about another individual;
- the disclosure would reveal the identity of an individual
who has provided personal information about another
individual and the individual providing the personal information
does
not consent to disclosure of his or her identity.
The Act further provides that we are not required to disclose
personal information when:
- the personal information is protected
by solicitor-client privilege;
- the disclosure of the personal
information would reveal confidential commercial information
that, if disclosed, could in the opinion
of a reasonable person, harm the competitive position
of an organization;
- the personal information was collected without
consent for the purposes of an investigation, and the
investigation and
associated proceedings and appeals have not been completed;
- the personal information was collected or created by
a mediator or arbitrator in the conduct of a mediation
or arbitration
for which he or she was appointed to act:
- under a collective
agreement,
- under an enactment, or
- by a court.
Requests for Correction of Personal Information
The law permits individuals to submit written requests to
us to correct errors or omissions in their personal information
that is in our custody or control. We will:
- correct the personal
information and, if reasonable to do so, send correction
notifications to any other organizations
to whom we disclosed the incorrect information; or
- decide
not to correct the personal information, but annotate
the personal information that a correction was requested
but not made.
Contacting or Communicating with Us
If you have any questions with respect to our policies concerning
the handling of your personal information, or if you wish
to request access to, or correction of, your personal information
under our care and control, please contact our Privacy Officer
at:
MacIsaac & Company
3rd Floor – 1117 Wharf Street
Victoria, BC, V8W 1T7
E-mail: info@macisaacgroup.com
If you are dissatisfied with our handling of your personal
information, we invite you to contact our Privacy Officer
in writing, setting out the reasons for your concern. If,
after our Privacy Officer has reviewed and responded to your
concern, you remain dissatisfied, you may wish to contact
the Office of the Information and Privacy Commissioner at:
P.O. Box 9038, Stn Prov Govt
Victoria, BC, V8W 9A4
Telephone (250) 387-5629
Fax (250) 387-1696
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