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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.
Canadian Intellectual Property Agency (the "Agency") 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 Agency 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.
Inquiries 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. |
