Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA. These obligations extend to lawyers and law firms, including Clement Syed Law Professional Corporation.
In addition, an Act respecting the Protection of Personal Information in the Private Sector has been in force in Quebec since 1994 and sets out rules regarding the collection, use and disclosure of personal information within that province.
Lastly, as a professional services firm, the firm has a professional and ethical obligations to keep confidential the information received in the context of a lawyer-client and agent-client relationship.
Personal information is defined in PIPEDA as information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. In other words, it does not include the information that one expects to find on a business card.
Consent to Collection of Personal Information
In most cases, the firm obtains your consent to collect, use and disclose your personal information.
Usually, if you retain this office, the firm assumes to have obtained your implied consent to the collection and use of your personal information, however, at times your express consent may be requested, either verbally or in writing. Generally, your personal information is collected directly from you at the start of or during the course of your retainer with the firm. Sometimes information about you may be obtained from other sources such as a government registry or other professionals who serve you.
Use of Personal Information at Clement Syed Law Professional Corporation
Your personal information is used to provide legal advice and services to you, to issue invoices and to maintain the firm's database of clients. In addition, if you apply for a position with Clement Syed Law Professional Corporation, your personal information will be used to assess your candidacy. Lastly, your contact information (name, e-mail and postal address) may be used in order to communicate with you about recent developments in the law, keep you abreast of Clement Syed Law Professional Corporation news and invite you to firm events.
Withdrawal of Consent
You may withdraw your consent to the collection, use and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to the collection, use and disclosure of your personal information may impact the firm's ability to represent you and provide you with legal advice.
Disclosure of Personal Information
Generally, your personal information is not disclosed to third parties without your consent unless permitted or required by applicable laws or court orders. The following are some examples your personal information may be disclosed: such disclosure is necessary to collect fees or disbursements; contract with a third party to provide the firm certain services such as archival file storage or insurance. (In such cases, contractual or other means are used to ensure the third party service provider is bound by obligations regarding privacy which are consistent with this policy); or engaging experts or other law firms on your behalf.
Accuracy of Your Information
It is important that your information on file be accurate and up-to-date. If, during the course of the retainer, any of your information changes, please inform the firm so that any necessary changes can be made. You may be asked from time to time whether your personal information is up-to-date.
Clement Syed Law Professional Corporation uses various safeguards to ensure that your personal information is protected against loss, theft, misuse, unauthorized access, disclosure, copying or alteration. These include: security of the physical premises; professional obligations; security software and firewalls to prevent unauthorized computer access or “hacking”; and internal passwords that restrict access to electronic files.
Access to your Personal Information
You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. For example, if the requested information would reveal personal information about another individual, your request for access may be limited or denied. If your request for access is denied, Clement Syed Law Professional Corporation will notify you in writing of the reason for the denial.
To request access or to amend your personal information, please contact the firm's Privacy Contact at the address below. Clement Syed Law Professional Corporation will respond within thirty (30) days of receipt of your written request.
Clement Syed Law Professional Corporation will respond to inquiries about the firm's policies and practices relating to its handling of your personal information. Inquiries should be directed to Clement Syed Law Professional Corporation's Privacy Contact using the contact information below. Clement Syed Law Professional Corporation will investigate all complaints and will respond within 30 days of receipt of a written inquiry. If the complaint is found to be justified, Clement Syed Law Professional Corporation will take appropriate measures to resolve it, including, if necessary, amending this Policy and its procedures.
If you have any questions or complaints about this Policy or the handling of your personal information, if you wish to withdraw your consent to the use of your personal information, or to request access to or update any of your information on file, please contact:
Clement Syed Law Professional Corporation
530 Brant Street
Burlington, Ontario L7R 2G7
If any complaint or inquiry is not handled to your complete satisfaction, you may contact:
Privacy Commissioner of Canada
112 Kent Street
Ottawa, Ontario K1A 1H3
Telephone: (613) 995-8210
Toll free: 1-800-282-1376
Commission d’acces a l’information du Quebec
480 St. Laurent
Montreal, Quebec H2Y 3Y7
Telephone: (514) 873-4196
Toll Free: 1-888-528-7741
Phone: (905) 336-8927