Introduction
GREG MONFORTON (GM) recognizes and respects his subscribers’ personal information and endeavor to safeguard that information from unauthorized use, retention, or disclosure to third parties. It is upon this fundamental principle that he adheres to the Law Society of Upper Canada’s Rules of Professional Conduct regarding the security of his subscribers’ personal information, common law principles of solicitor-subscriber privilege and, where applicable, litigation-privilege. In addition, the protection of his subscribers’ personal information is governed by GM privacy policy (the “Privacy Policy”), as follows:
GM Privacy Policy assures you as an existing or future subscriber, that in retaining our services to represent you or your business, the entire GM team will handle your file in accordance with this policy pursuant to all applicable Federal and Provincial legislation including, but not limited to, the Personal Information Protection and Electronic Documents Act (“PIPEDA”).
Scope of the Privacy Policy
This Privacy Policy governs personal information collected from the subscriber, other lawyers in the course of representing the user or providing legal services to the subscriber, as well as organisations that have information relevant and necessary to fulfilling the purpose for which the services of GM have been retained.
Personal information is defined under PIPEDA as any information that is identifiable or directly attributable to an individual. 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 subscriber’s identity cannot be determined.
This Privacy Policy applies to GM shareholders, partners, associates, staff and contracted employees. As well, GM ensures that all third party service providers sign confidentiality agreements prior to any transfer of a subscriber’s personal information in the course of providing the services for which GM was retained.
Purposes for Collecting Personal Information
GM collects personal information for the following limited purposes:
- to represent the subscriber as set out in the retainer agreement;
- to establish and maintain subscriber lists for collection of legal fees, record keeping and statistical purposes; and
- to establish and maintain mailing lists for newsletters, notification of workshops and seminars, or legal updates that GM believes might be informative or of benefit to the subscriber.
Consent to the Collection, Use & Disclosure of Personal Information
When a subscriber retains the services of GM, he or she will be asked to sign a retainer agreement that sets out the purpose for which GM has been retained. Upon signing this retainer, the subscriber consents to GM collecting, using and disclosing personal information obtained for the limited purpose for which GM was retained, as well as those purposes listed above in this Privacy Policy.
GM will not use subscriber personal information for any purposes other than that consented to by the subscriber, either by express or implied consent. GM does not sell, barter, or lease personal information it obtains from its subscriber to third parties (i.e. GM would not provide our subscriber mailing list to another law firm or business).
If the subscriber requests additional services of GM beyond that of the original retainer, the subscriber is giving implied consent to GM 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 agreement.
Under PIPEDA and other Federal and Provincial Legislation, GM may disclose personal information without subscriber consent to:
- government or legal enforcement agencies if GM determines that the subscriber has provided incorrect information for fraudulent or illegal purposes;
- government or legal enforcement agencies if the information is collected in the midst of a criminal investigation;
- legal enforcement agency if GM determines that there is imminent risk of death or serious bodily harm, including psychological harm, to an identifiable person or group of persons;
- disclosure to a third party individual or organisation if so ordered by a Court or Tribunal of competent jurisdiction; and
- defend against allegations of criminal or civil liability, or professional malpractice or misconduct, by the subscriber or former subscriber.
Accuracy of a Subscriber’s Personal Information
GM endeavors to ensure that all personal information provided by the subscriber 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 a subscriber that the personal information requires correction or updating, GM will make the necessary amendments to the subscriber’s active file where applicable.
Personal information contained in files that have been closed, or pertaining to matters of the subscriber that have been resolved, will not be actively updated or maintained.
GM will retain personal information until the matter is closed or the retainer is terminated by either the subscriber or GM. All personal information will be returned to the subscriber and only information pertaining to the services or litigation for which GM was retained will be maintained in the file once it is closed.
Closed files are retained for the period prescribed by relevant Federal and Provincial legislation.
Safeguards
GM has implemented a number of physical, organisational and technological safeguards appropriate to the sensitivity of the subscriber’s personal information, including but not limited to:
Physical
All subscriber meetings are held in the GM offices and access to those offices is restricted by electronic key access.
Subscriber files are maintained in filing cabinets, located in areas where access is restricted to authorized personnel. Subscribers only have walk-through access to these areas if they are escorted by their lawyer or a GM authorized employee.
Highly sensitive information such as financial account information and physical evidence, are stored in a locked office, vault or cabinet with no available access to anyone but GM personnel.
Organisational
Only GM lawyers and employees working on the subscriber’s file will have access to the personal information contained in the file.
Any third party individual or organisation is required to sign a non-disclosure agreement prior to the subscriber’s personal information being transferred to a third party as required to fulfill the purposes for which GM was retained.
Technological
GM utilizes the most current firewall, virus protection and other technological safeguards to protect personal information that is retained on the computer network. GM has developed and implemented safe Internet and email use protocols for its lawyers and employees to reduce the risk of inadvertent disclosure as a result of Internet-sourced viruses or cookies.
Regarding electronic transmission of personal information (i.e. email), there is no method of transmitting or storing data that is completely secure. GM uses all available technological security in the transmission of the subscriber’s personal information, either in the course of communicating with the subscriber, or in the course of communication with opposing or allied legal counsel and third party service providers. Notwithstanding these technological safeguards, all Internet transmissions are susceptible to possible loss, mis-routing, interception and misuse. For this reason, as part of the retainer that the subscriber signs with GM, consent will be obtained from the subscriber to transmit information via the Internet.
Web Site
Our website contains links to other sites, which are not governed by this privacy policy.
On our website, like other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information
Openness
GM makes available its privacy policies and procedures regarding the handling of personal information that it collects for the duration of the retainer on the Internet website at www.GM.com. As well, any inquiries regarding personal information management practices may be directed to the Chief Privacy Officer.
Individual Access
Under PIPEDA, an individual is entitled to access to the personal information held about them with the following exceptions as permitted under the Federal Privacy Legislation:
- No access will be granted if the information is protected by solicitor-subscriber privilege or litigation privilege;
- GM will deny access 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;
- No access will be granted to personal information that is not about the individual seeking access;
- No access will be granted to information that is part of a criminal investigation;
- 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;
- 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;
- No access will be granted to the individual who is a minor or mentally incompetent;
- GM reserves the right to refuse access that it believes is repetitious, frivolous, or vexatious.
- Upon receiving a request for access in writing, GM will endeavor to have the information available to the individual seeking access within 60 days of verification of the individual’s identity.
Where possible, GM will provide the requested information at nominal cost to the individual. Where the information requested is stored off-site, GM reserves the right to charge the individual seeking access, the cost to have such information retrieved from the off-site storage facility.
The individual entitled to access may challenge the completeness of their personal information under GM care and control. Upon successful demonstration that there is an error in the personal information held by GM, GM will amend the information where appropriate.
Investigating Complaints
GM will investigate all concerns or complaints respecting the handling of personal information under the control of GM that are received in writing. As promptly as possible, GM will report to the individual the results of the investigation and, where the complaint is found to be justified, steps will be taken to resolve the matter.
If the individual is dissatisfied with the report provided by GM or feels that the corrective action taken by GM is insufficient, the individual may direct a complaint to the Federal Privacy Commissioner in writing.
Amendment to the GM Privacy Policy
This Privacy Policy is subject to amendment in response to developments in the privacy legislation and notification of any changes in this policy will be posted on GM Internet website. Any changes in the Privacy Policy will apply to personal information collected from the date of the posting of the revised Privacy Policy on GM Internet website.
