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Pushor Mitchell LLP’S PERSONAL INFORMATION PROTECTION POLICY
1. PURPOSES
The purpose of this policy is to govern Pushor Mitchell LLP’s collection, storage, use, and disclosure of personal information in a manner which recognizes both the right of individuals to protect their personal information and the need of Pushor Mitchell LLP to collect, store, use, and disclose personal information for purposes reasonably related to Pushor Mitchell LLP’s operations. This policy is intended to ensure compliance with the requirements of the B.C. Personal Information Protection Act (the “Act”).
Pushor Mitchell LLP recognizes its professional obligation to maintain the confidentiality of its clients’ information, and recognize its obligations concerning the personal information of all individuals that it collects, uses or discloses in its practice. This policy has been developed with those obligations in mind.
2. COMPLIANCE
Pushor Mitchell LLP shall designate a person (or persons) to be responsible for ensuring Pushor Mitchell LLP’s compliance with the requirements of the Act (the “Personal Information Administrator(s)”) and shall make available the Personal Information Administrator’s position name, title, and contact information upon request
Pushor Mitchell LLP shall: develop and follow policies and practices that are necessary to ensure compliance with the Act; provide a process to respond to complaints that may arise relating to the operation of the Act; and make those practices, policies, and processes available upon request.
3. COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
In order to be able to give legal advice to the its clients, Pushor Mitchell LLP needs access to all relevant facts and information that relate to its retainer and to the representation of its clients. This information will necessarily include personal information about Pushor Mitchell LLP’s clients and about individuals other than its clients.
Where practical, Pushor Mitchell LLP endeavours to collect personal information directly from the person to whom the information pertains. When necessary, Pushor Mitchell LLP will collect personal information from other sources.
By retaining a lawyer from Pushor Mitchell LLP for legal advice or representation, an individual consents to Pushor Mitchell LLP’s necessary collection, use or disclosure of the individual’s personal information in order to properly advise and represent the individual.
It is Pushor Mitchell LLP’s policy to collect personal information about individuals other than its clients in accordance with the provisions of the Act. Therefore, Pushor Mitchell LLP shall only collect, use, or disclose personal information when the individual’s consent has been obtained, or when the Act allows the collection, use, or disclosure without the individual’s consent, or when the Act deems the consent to have been given by the individual.
Pushor Mitchell LLP shall only, as a condition of supplying a product or service, require an individual to consent to Pushor Mitchell LLP’s collection, use, or disclosure of personal information when that collection, use, or disclosure is reasonably necessary to provide the product or service.
Where required by the Act, on or before collecting personal information about an individual Pushor Mitchell LLP shall make available to the individual, or to such other person(s) from whom the personal information is being collected, Pushor Mitchell LLP’s purposes for the collection of the personal information and the contact information for the Personal Information Administrator.
4. USE AND DISCLOSURE OF PERSONAL INFORMATION
Pushor Mitchell LLP shall only use or disclose personal information for purposes which are reasonably appropriate in the circumstances and which fulfill the purposes for which the personal information was collected or which are otherwise permitted by the Act.
5. ACCESS TO PERSONAL INFORMATION
When required by the Act Pushor Mitchell LLP shall provide to an individual, upon request of the individual: that individual’s personal information which is under the control of Pushor Mitchell LLP; details about the ways in which the individual’s personal information is being used by Pushor Mitchell LLP; and details about the individuals and organizations to whom the individual’s personal information has been disclosed.
When required by the Act, Pushor Mitchell LLP shall correct an error or omission in the individual’s personal information and send the corrected personal information to each individual or organization to whom the individual’s personal information was disclosed in the previous one year period. If Pushor Mitchell LLP does not change the personal information as a result of a request it shall make a notation that a change was requested.
In either case, Pushor Mitchell LLP will endeavor to respond to a request by an individual within 30 days or seek an extension in accordance with the Act.
6. CARE OF PERSONAL INFORMATION
Pushor Mitchell LLP shall make a reasonable effort to ensure that personal information collected by or on behalf of Pushor Mitchell LLP is accurate and complete. Pushor Mitchell LLP shall protect personal information in its custody or under its control by making reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, or disposal or similar risks.
7. RETENTION AND DESTRUCTION OF PERSONAL INFORMATION
As required by the Act, Pushor Mitchell LLP shall retain personal information for such reasonable period of time that the individual has a reasonable opportunity to obtain access to it. As required by the Act, Pushor Mitchell LLP shall destroy documents containing personal information or remove the means by which the personal information may be associated with a particular individual when the purpose for which the personal information was collected is no longer served by its retention and the retention is no longer required for legal or business purposes.
8. REQUESTS TO THE PERSONAL INFORMATION ADMINISTRATOR
An individual shall submit a request in writing to the Personal Information Administrator if the individual wishes to:
- have access to that individual’s personal information which is under the control of Pushor Mitchell LLP;
- have access to details about the ways in which that individual’s personal information is being used by Pushor Mitchell LLP;
- have access to details about the individuals and organizations to whom the individual’s personal information has been disclosed by Pushor Mitchell LLP;
- have access to details about Pushor Mitchell LLP’s policies and practices relating to personal information;
- have access to details relating to the complaint process set out herein; or
- correct an error or omission in that individual’s personal information.
9. COMPLAINTS RELATING TO PERSONAL INFORMATION
Pushor Mitchell LLP’s process to respond to complaints that may arise relating to the operation of the Act as it relates to Pushor Mitchell LLP is as set out below.
a. Submission of Complaints
An individual wishing to submit a complaint relating to Pushor Mitchell LLP’s collection, storage, use, or disclosure of that individual’s personal information may submit a complaint in writing to the Personal Information Administrator within 30 days of learning of the action complained of.
b. Review of Complaints
The Personal Information Administrator shall review complaints, give them and the underlying circumstances reasonable consideration, and provide the individual with a meaningful response within 30 days of receiving the complaint unless, due to the complexity of the complaint or other matters beyond the control of the Personal Information Administrator, reasonable further time is required.
c. Reconsideration of Complaints
If the individual’s complaint is not resolved at the initial step set out above, the Personal Information Administrator shall, upon the individual’s written request, submit the written complaint to a senior officer, manager, or other responsible person who shall review the complaint and the Personal Information Administrator’s response to the complaint and within 30 days shall provide the individual with a further, meaningful response.
d. Co-Operation of Individual Submitting Complaint
Where required by Pushor Mitchell LLP for the purpose of satisfying Pushor Mitchell LLP’s obligations under this process, the individual shall provide his or her co-operation and assistance to Pushor Mitchell LLP in its efforts to understand and assess the merits of that individual’s complaint.
d. Dismissal of Complaints
Pushor Mitchell LLP may dismiss a complaint for reasons including (but not limited to): the individual’s failure to raise or pursue the complaint in time manner; the individual’s failure to abide by his or her obligations under this process; the absence of merit or reasonableness (including frivolousness or vexatiousness) in the complaint; or the fact that the complaint or the proposed resolution is contrary to Pushor Mitchell LLP’s obligations under the Act or any other statute or law.
e. Confidentiality of Complaints
Except where disclosure is necessary for the purposes of investigating a complaint, implementing a resolution, or as required by law, Pushor Mitchell LLP shall make reasonable efforts to respect the sensitivity of the situation and to hold in confidence the individual’s identity and/or the nature of the complaint.
f. Other Proceedings
This process does not bar or prohibit individuals from accessing their rights in another forum, including under the processes provided in the Act. Where a complaint is raised in another forum, however, Pushor Mitchell LLP may halt (or refuse to initiate) any proceedings initiated or pending under this process.
10. THE PERSONAL INFORMATION ADMINISTRATOR
For the purposes set out herein and in the Act, the contact information for Pushor Mitchell LLP’s Personal Information Administrator is:
Lisa Hales
Human Resources
3rd Floor - 1665 Ellis Street, Kelowna, B.C.
250-869-1299
250-860-3505
bomford@pushormitchell.com
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