What Personal Information Do We Collect?
Personal information is any information that identifies the client, or by which the client’s identity could be deduced. It does not cover information about an individual that is available from a public source, such as a telephone directory, court record, or land registry office. It also does not cover aggregated data, used for statistical and reporting purposes, from which data the client’s identity cannot be determined. Gosselin Law Firm Professional Corporation endeavours to ensure that all personal information provided by the client, and in its possession, is accurate, current and as complete as is necessary for the purposes for which the personal information was collected, used and maintained in an active file. Upon notification by the client that the personal information requires correction or updating, we will make the necessary amendments to the client’s active file where applicable. Personal information contained in files that have been closed, or pertaining to matters of the client that have been resolved, will not be actively updated or maintained.
Purposes for Collection of Personal Information
Gosselin Law Firm Professional Corporation collects personal information for the following limited purposes:
How Do We Collect Personal Information?
We collect information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible we collect your personal information directly from you, at the start of a retainer and in the course of our representation. Sometimes we may obtain information about the client from other sources: for example,
In most cases, we shall ask the client to specifically consent, use, or disclose personal information. Normally, we ask for the client’s consent in writing, but in some circumstances, we may accept oral consent. Sometimes, consent may be implied through the client’s conduct with us. If the client requests additional services from Gosselin Law Firm Professional Corporation beyond that of the original retainer, the client is giving implied consent to the Firm using the personal information already held for the original purpose, as well as any new personal information collected for the new purpose and no signature will be required on a new or amending retainer.
Disclosure of Personal Information
Gosselin Law Firm Professional Corporation does not disclose the client’s personal information to any third party to enable them to market their products and services. We do not sell, barter, or lease personal information we obtain from our clients, to third parties. For example, we do not provide our client mailing lists to other law firms. Under certain circumstances, we will disclose your personal information:
1. When we are required or authorized by law to do so, for example if a court issues a subpoena;
2. When there is imminent risk of death or serious bodily harm, including psychological harm, to an identifiable person or group of persons;
3. When it is determined, by the Firm, that the client has deliberately provided incorrect information for fraudulent or illegal purposes;
4. When the client has consented to the disclosure;
5. When the legal services we are providing requires us to give information to third parties (for example a lender in a real estate mortgage transaction) the client’s consent will be implied, unless you tell us otherwise;
6. Where it is necessary to establish or collect fees;
8. If we engage expert witnesses on the client’s behalf;
9. If we retain other law firms in other jurisdictions, on the client’s behalf;
10. When required, to defend against allegations of criminal or civil liability, or professional malpractice or misconduct, by the client or former client;
11. If the information is already publicly known.
Gosselin Law Firm Professional Corporation takes all reasonable precautions to ensure that the client’s personal information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect the client’s information are:
1. Premises security;
2. Restricted file access to personal information;
3. Deploying technological safeguards like security software and firewall to prevent hacking or unauthorized computer access;
4. Internal password and security policies.
Access to Personal Information In Our Possession
A client may ask for access to any personal information we hold about that client. Subject to the exceptions listed below, summary information is available on request. More detailed requests which require archive or other retrieval costs may be subject to our normal professional and disbursement fees. Where the information requested is stored off-site, we reserve the right to charge the individual seeking access, the cost to have such information retrieved from the off-site storage facility. The Personal Information Protection and Electronic Documents Act and Federal Privacy Legislation allow exceptions to the disclosure of information to the client:
1. No access will be granted if the information is protected by solicitor-client privilege or litigation privilege;
2. Access will be denied if the individual seeking access fails to produce sufficient identification to verify that they are the individual about whose personal information access is being sought;
3. No access will be granted to personal information that is not about the individual seeking access;
4. No access will be granted to information that is part of a criminal investigation;
5. No access will be granted where such access would harm or interfere with law enforcement activities and other investigative functions of a body authorized by statute to perform such functions;
6. No access will be granted to information where such access might threaten the life, safety and security, including psychological safety, of the individual seeking access;
7. No access will be granted to the individual who is a minor or mentally incompetent;
8. No access will be granted if the information requested relates to existing or anticipated legal proceedings against the individual seeking access;
9. No access will be granted if the request would have an unreasonable impact on other people’s privacy;
10. Access will be denied if the denial is required to protect our Firm’s rights and property;
11. No access will be granted if to do so would prejudice negotiations with the client;
12. We reserve the right to refuse access that we believe to be repetitious, frivolous, or vexatious.
Communication With Us
You should be aware that e-mail is not a 100% secure medium, and you should be aware of this when contacting us to send personal or confidential information.
Requests For Access
If you have any questions, or wish to access your personal information, please send an email with your enquiries. If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at 30 Victoria Street, Gatineau, Quebec, K1A 1H3, Tel: 1-800-282-1376
If you apply to Gosselin Law Firm Professional Corporation for a job, we need to consider your personal information, as part of our review process. We normally retain information from candidates after a decision has been made, unless you ask us not to retain the information. If we offer you a job, which you accept, the information will be retained in accordance with our privacy procedures for employee records.