The Personal Information Protection
Act ("the Act") regulates the way private sector organizations
in British Columbia collect, use, keep, secure and disclose
personal information. "Personal Information" means all information
about an identifiable individual. Oyen Wiggs Green & Mutala
LLP (the "Firm") recognizes the importance of privacy and of sensitive personal information received by us in the
course of our legal practice.
We recognize our professional obligation to maintain the confidentiality
of our clients' information, as well as our obligations concerning
the personal information of all individuals that we collect,
use or disclose in our practice. This policy has been developed
with those obligations in mind.
Our Need for Personal Information
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. This
information will necessarily include personal information about
our clients and about 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. When
necessary, we will collect personal information from other sources.
By retaining the 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 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. The
Act 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; and,
- the collection, use or disclosure of personal information
is required or authorized by law.
When we collect, use or disclose personal information, we will
make 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 recognize as
well 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 have therefore made arrangements to secure against the unauthorized
access, collection, use, disclosure, copying, modification,
disposal or destruction of personal information.
Requests for Access to Personal Information
The Act 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 the 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 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; and,
- 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;
and
- 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 either
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.
Contact 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:
Thomas W. Bailey
480 The Station
601 West Cordova Street
Vancouver, BC V6B 1G1
Telephone: 604.669.3434
Fax: 604.681.4081
If you have any questions regarding 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 inquiry,
you need further assistance, you may wish to contact the Office
of the Information and Privacy Commissioner for
the Province of BC at:
Office of the Information and Privacy
Commissioner for British Columbia
PO Box 9038, Stn. Prov. Govt.
Victoria, BC V8W 9A4
Telephone: 250.387.5629
Fax: 250.387.1696 |