Privacy

PROTECTING YOUR PRIVACY.  Protecting the privacy of our clients is important to us at K MacInnes Law Group.  Our firm recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of our legal practice.  Any personal information that a client provides to us will be treated with care and, subject to this policy and applicable law, will not be used or disclosed in any manner in which a client has not consented.   The Personal Information Protection Act (“PIPA”) regulates the way private sector organizations within British Columbia collect, use, keep, secure and disclose personal information.  Our lawyers and employees are also subject to professional and ethical obligations relating to the confidentiality of information that we receive from clients in the context of providing legal services. PERSONAL INFORMATION DEFINED.  The term “personal information” refers to any information about an identifiable individual.  In general, personal information does not include business contact information, such as an individual’s name, title or position, business address, business telephone or fax number in such person’s capacity as an employee of an organization.  WHY WE COLLECT PERSONAL INFORMATION.  When acting for clients that are individuals, and when acting for a corporate client on certain matters that relate to individuals, such as an employment matter, we will collect personal information about such individuals.  In order to be able to give legal advice to our clients, we need access to all relevant facts and information that relate to our retainer and to the representation of our clients, which may by necessity include personal information relating to the client or, in some cases, individuals other than our clients. COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION.  Where practical, we endeavour to collect personal information directly from the person to whom the information pertains, however, when necessary we will collect personal information from other sources, including:  government agencies or registries, financial institutions, accountants and other advisors, insurance companies, credit bureaus and other third parties that represent they have the right to disclose such personal information.  By retaining K MacInnes Law Group for legal advice or representation, an individual consents to our necessary collection, use or disclosure of the individual’s personal information in order for us 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 PIPA.  When possible we will attempt to obtain the consent of the individual disclosing the personal information prior to any collection or use of the personal information.  When we collect, use or disclose personal information, we make reasonable efforts to ensure that it is accurate and complete. PIPA deems 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.  PIPA also permits 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. REQUESTS FOR ACCESS TO PERSONAL INFORMATION.  PIPA permits 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 and the names of individuals and organizations to whom their personal information under our control has been disclosed by us.  We will respond to requests in the time allowed by PIPA 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.  We may choose not to respond to requests for access to personal information that are frivolous, vexatious or repetitious. An individual’s ability to access his or her personal information under our control is not absolute.  PIPA 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; or • 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. PIPA 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; or • 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 CORRECTIONS 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.  If and when such requests are received by us, we will either 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 we will 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 our clients’ personal information, or if you are a client and wish to request access to, or correction of, your personal information under our care and control, please contact us at: K MacInnes Law Group Barristers & Solicitors 410 West Georgia Street, 5th Floor Vancouver, BC  V6C 1J8 Tel #:  778-837-8730 If you are dissatisfied with our handling of your personal information, we invite you to contact us in writing, setting out the reasons for your concern.  If you remain dissatisfied after we have reviewed and responded to your concern, 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 Tel #: 250.387.5629 Fax #: 250.387.1696