The Personal Information Protection Act of Alberta regulates the method with which private organizations within Alberta collect, use, keep, secure and disclose personal information. “Personal Information” means all information about an identifiable individual.
Chinook Law recognizes the importance of privacy and recognizes the sensitivity of personal information received by us over the course of our legal practice.
Chinook Law recognizes our professional obligation to maintain the confidentiality of our clients’ information.
Chinook Law recognizes our obligations concerning the personal information of all individuals that we collect, use or disclose in our practice.
To to be able to provide legal advice to our clients, Chinook Law require access to all relevant facts and information that relate to our Contingency Fee Agreement and to the representation of our clients.
This information will necessarily include personal information about our clients and individuals other than our client.
Collection, Use, and Disclosure of Personal Information:
By retaining Chinook Law for legal advice or representation, our client consents to our collection, use or disclosure of the client’s personal information in order to properly advise and represent the individual.
When Chinook Law collect, use or disclose personal information, we will make reasonable efforts to ensure that it is accurate and complete.
Chinook Law will expend all reasonable efforts to collect personal information directly from the person to whom the information pertains.
When necessary, Chinook Law will collect personal information from other sources.
It is Chinook Law’s policy to collect personal information about individuals other than our clients in accordance with the provisions of the Personal Information Protection Act.
The Personal Information Protection Act deems that an individual has consented to collection, use or disclosure of personal information about that individual if, at the time the consent is deemed to be given, the purpose would be considered obvious to a reasonable person.
In such circumstances, Chinook Law will collect, use or disclose personal information without obtaining a written or verbal consent to do so.
The Personal Information Protection Act permits Chinook Law to collect, use or disclose personal information about an individual in certain circumstances without the individual’s consent. Those include (but are not limited to) circumstances in which:
The collection, use or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way;
It is reasonable to expect that the collection or use of personal information with the consent of the individual would compromise the availability or accuracy of the information, and the collection or use of the information is necessary for an investigation or proceeding;
It is reasonable to expect that the disclosure of personal information with the consent of the individual would compromise an investigation or proceeding, and the disclosure of the information is necessary for an investigation or proceeding;
The personal information is available to the public from a prescribed source; and
The collection, use or disclosure of personal information is required or authorized by law.
Security of Personal Information:
Chinook Law recognizes our professional and legal obligations to protect the confidential information of our clients.
Chinook Law recognizes our legal obligations to protect the personal information we have gathered about our clients and about other individuals during the course of our practice of law.
Chinook Law has made arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information.
Access of Personal Information:
The Personal Information Protection Act permits individuals to submit written requests to Chinook Law to provide them access to Personal Information regarding:
Their own personal information under Chinook Law’s custody or control.
Information about how their Personal Information under Chinook Law’s control has been and is being used.
Names of the individuals and organizations to whom their personal information under Chinook Law’s control has been disclosed by Chinook Law.
Chinook Law will make best efforts to respond to requests in the time allowed by the Personal Information Protection Act and will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably possible.
All such requests may be subject to fees and disbursements the law permits Chinook Law to charge.
Limitations – An individual’s ability to access his or her personal information under Chinook Law’s control is not absolute.
The client’s file contains personal information of a third party and this information cannot be severed from the client’s personal information to maintain the privacy of the third party information;
The disclosure would reveal the identity of an individual who has provided personal information about another individual and the individual providing the personal information does not consent to disclosure of his or her identity.
The disclosure can reasonably be expected to cause immediate or grave harm to the safety or to the physical or mental health of the individual who made the request.
The disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request.
Chinook Law is required or authorized by law not to grant access to personal information.
The personal information is protected by solicitor-client privilege.
The disclosure of the personal information would reveal confidential commercial information that, if disclosed, could, in the opinion of a reasonable person, harm the competitive position of an organization.
The personal information was collected without consent for the purposes of an investigation, and the investigation and associated proceedings and appeals have not been completed.
The personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act under a collective agreement, an enactment or by a Court.
The personal information relates to an existing or anticipated legal proceeding against the client, including a proceeding to recover unpaid statements of account for legal services provided by our firm.
