Introduction
Investigation Counsel Professional Corporation (“Investigation Counsel”) is in the business of conducting investigations and litigation. We are a provincially registered company with offices in Toronto, Ontario. We collect, use and disclose personal information on individuals daily. We understand the societal value in protecting personal information and ensuring its safekeeping. We at Investigation Counsel embrace the federal Personal Information Protection and Electronics Documents Act (PIPEDA) and acknowledge the importance of national standards to protect the personal information that we collect, use and disclose. We will only collect, use and disclose personal information on individuals where there are reasonable grounds that the law or breaches of agreements or other circumstances that permit us to legally collect this information under the laws of Canada. This includes collection, use and disclosure of personal information for due diligence purposes. The Investigation Counsel privacy policy complies with the Canadian Standards Association Model Code of Personal Information Privacy:
1. Accountability
Investigation Counsel will be responsible for all personal information under our control. We have designated our administrator, Jessica Fulton, as our Chief Privacy Officer. Upon receiving an enquiry, Ms. Fulton, will respond to you within 30 days. You may contact Js. Fulton at 416-637-3150 or email her at admin@investigationcounsel.com.
2. Identify Purposes
Investigation Counsel will identify the purpose for which we collect personal information on affected individuals at or before the time of collection. All assignments received from our clients are compliant with PIPEDA.
Investigation Counsel may identify any new purposes that arise during the course of dealings with personal information and obtain prior consent required for this new use, even if we have already identified certain initial purposes. However, we will only do this when the intended new use purpose truly constitutes a “new” use, i.e., when the new purpose being proposed is sufficiently different from the purpose initially identified.
3. Consent
We will obtain the appropriate consent from individuals for collection, use or disclosure of personal information, except where the law provides an exception. We may obtain express consent for the collection, user disclosure of personal information, or when we determine that consent has been applied by the circumstances.
Express consent is specific authorization given by the individual to Investigation Counsel, either orally or in writing. Implied consent is when Investigation Counsel has not received a specific consent but the circumstances allow us to collect, use, or disclose personal information.
In most incidences, obtaining the knowledge and consent of individuals would defeat the purpose of an investigation, in particular with respect to a breach of an agreement, contravention of a law or due diligence investigations. In such circumstances consent is often not obtained. Personal information will only be collected, used and disclosed by Investigation Counsel employees without consent in accordance with Section 7 of the Personal Information Protection and Electronics Documents Act, S.C. 2000, c.5 (PIPEDA) or under other lawful means.
4. Limiting Collection
The personal information that Investigation Counsel collects will be limited to that which is necessary for purposes we have identified. We will only collect personal information for specific, legitimate purposes. We will not collect personal information indiscriminately. We will only collect information by fair and lawful means and not by misleading or deceiving individuals about the purpose for which the information is being collected. Our policies and procedures relating to the limitations on collection of personal information will be regularly communicated to our investigators who deal with collection, use and disclosure of personal information.
5. Limiting Use, Disclosure, And Retention
Personal information will not be used or disclosed for purposes other than those for which it is collected, except with the consent of the individual or as permitted by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. Personal information that is no longer required to fulfill identified purposes will be destroyed, erased, or made anonymous.
Please note that there may be situations where Investigation Counsel uses, discloses or retains personal information for legitimate purposes not identified to the individual to which the information pertains including those situations referred to in Section 3.
6. Accuracy
The personal information Investigation Counsel collects will be accurate, complete and up-to-date as necessary for its intended purposes. Our goal is to minimize the possibility that inappropriate information may be used to make a decision about any individual whose personal information we process.
If a significant error or omission is identified, we will correct or amend the information as appropriate. Where necessary, we will send such corrected or amended information to third parties who have had access to the information in question.
7. Safeguards
Investigation Counsel will safeguard all personal information under our control in a manner that is appropriate to the sensitivity of the information. All Investigation Counsel staff, including investigators, counsel and administration staff have been properly trained in the policies of that pertain to these safeguards. We take precautions in the disposal or destruction of personal information to prevent unauthorized parties from gaining access to sensitive information.
8. Openness
Investigation Counsel will make readily available to individuals requesting specific information about our policies and procedures relating to the management of personal information that is under our control.
9. Individual Access
Upon request, an individual will be informed of the existence, use and disclosure of his/her personal information which is under our control, and may be given access to and be permitted to challenge the accuracy and the completeness of that information.
There are lawful exceptions that will prevent us from providing access, which include, but are not limited to the following:
- Personal information about another person might be revealed;
- Commercially confidential information might be revealed;
- Someone’s life or security might be compromised;
- The information was collected without consent for the purposes related to an investigation of a breach or an agreement or contravention of a law or other lawful exemption;
- The information was generated during the course of a formal dispute resolution process;
- The information is protected by the Solicitor/Client privilege.
10. Challenging Compliance
An individual may address a challenge concerning compliance with the aforementioned policies and procedures to our privacy officer Ms. Fulton