Privacy Law

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We, at JC LAW, recognize the importance of client confidentiality. As practicing lawyers we have a professional and ethical obligation to keep confidential all information we receive within a lawyer-client relationship subject to the client’s instructions to provide legal services.

Consent

When you initiate contact with us, we may determine that consent has been implied for us

to collect, use and disclose personal information in a reasonable manner. However,

in some situations, we will require express consent in writing, by the provision of a letter,

application form, or other document authorizing certain activities.

J.C. Law will handle all  your personal information in accordance with the Personal Information Protection and Electronic Documents Act (“PIPEDA”). We have an obligation to keep confidential all information we receive within a lawyer-client relationship.

“PIPEDA sets the ground rules for how private-sector organizations collect, use, and disclose personal information in the course of for-profit, commercial activities across Canada.

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What is Personal Information?

Personal information is data about an “identifiable individual”. It is information that on its own or combined with other pieces of data, can identify you as an individual.

WHAT DOES PIPEDA APPLY TO?

PIPEDA generally applies to personal information held by private sector organizations that are not federally-regulated, and conduct business in:

  • Manitoba

  • New Brunswick

  • Newfoundland and Labrador

  • Northwest Territories

  • Nova Scotia

  • Nunavut

  • Ontario

  • Prince Edward Island

  • Saskatchewan

  • Yukon.

PIPEDA’s 10 fair information principles form the ground rules for the collection, use and disclosure of personal information, as well as for providing access to personal information. They give individuals control over how their personal information is handled 

The Principles

  • An organization is responsible for personal information under its control. It must appoint someone to be accountable for its compliance with these fair information principles.

  • The purposes for which the personal information is being collected must be identified by the organization before or at the time of collection.

  • The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate.

  • The collection of personal information must be limited to that which is needed for the purposes identified by the organization. Information must be collected by fair and lawful means.

  • Unless the individual consents otherwise or it is required by law, personal information can only be used or disclosed for the purposes for which it was collected. Personal information must only be kept as long as required to serve those purposes.

  • Personal information must be as accurate, complete, and up-to-date as possible in order to properly satisfy the purposes for which it is to be used.

  • Personal information must be protected by appropriate security relative to the sensitivity of the information.

  • An organization must make detailed information about its policies and practices relating to the management of personal information publicly and readily available.

  • Upon request, an individual must be informed of the existence, use, and disclosure of their personal information and be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

  • An individual shall be able to challenge an organization’s compliance with the above principles. Their challenge should be addressed to the person accountable for the organization’s compliance with PIPEDA, usually their Chief Privacy Officer.

DISCLOSURE OF PERSONAL INFORMATION WITHOUT CONSENT:

3)when it is necessary to establish or collect our fees; or

4)if the information is already publicly known;

CHANGES TO THE PRIVACY STATEMENT

We may review and change our Privacy Statement from time to time in order to update our

privacy commitment to you in keeping with current privacy laws.

We will disclose your personal information without your consent under the circumstances mentioned below:

 1)when we are required or authorized by law to do so, for example, if a court issues a subpoena;

2) when the use of the information is necessary to respond to an emergency that threatens the

life, health or security of an individual or the public;