Last updated January 20, 2015
Privacy
Lawyers have a professional and ethical responsibility to safeguard client information in strict confidence under the doctrine of solicitor/client privilege. Since January 1, 2004, law firms and other businesses in Canada are required to comply with the federal Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA sets out requirements for the collection, use and disclosure of personal information in the course of commercial activities. This is my privacy policy.
I collect only the personal information required to ensure you receive the highest standard of legal services and advice, and I safeguard that information for as long as it is necessary to retain it. Personal information that is not retained is shredded by reputable commercial on-site shredding companies.
Personal Information
"Personal information" means information, recorded or not, about an identifiable individual and includes such information as an individual’s name, home address, gender, age, marital status, financial information, nationality, health information, employment information, family status, opinions about an individual, and any other information that may be linked to that individual.
"Personal information" does not mean business identification information such as name, title, business address, telephone number or other contact information of an employee, officer or director of an organization.
Consent
In most instances, I will require your consent before collecting, using, or disclosing your personal information. This consent may be provided in writing, verbally or it may be implied through your request for legal services.
You can revoke your consent to the collection, use and disclosure of your personal information at any time subject to legal restrictions that may apply. However, revoking your consent will likely mean that I will not be able to provide legal services to you and I will advise you accordingly.
Privacy Policy – Collecting, Use, Disclosure
I only collect the personal information needed to effectively represent you. The kind and amount of information collected depends on the nature of the services you have requested.
As a potential new client, I will require your name, contact information, and the name of any other party involved in your matter in order to determine if there is a conflict of interest in representing you. If I am unable to represent you, you will be provided with written or verbal notice, as the case may be. No physical or computer file is opened under your name and the only personal information retained is the record of the letter or verbal notice that I cannot represent you which is maintained in a physical and computer file.
If I do represent you, a physical and computer file will be opened under your name or the name of your organization and such further information, including personal information, necessary to provide you with full representation, will be collected and retained in your file.
By retaining me, you consent to the collection, use and disclosure of the personal information needed to provide quality legal advice or to properly represent you in the matter for which I have been retained. You also consent to me disclosing personal information to staff, associates and other lawyers and professionals assisting me on the file.
From time to time personal contact information may also be used to distribute legal information of a general nature to you or to seek your input on the quality of the legal services that I provide. If you do not wish to have your personal contact information used for these secondary purposes, please advise me.
Upon the completion of your matter, your files will be retained for a reasonable period of time so long as the information may be required for follow-up or defending against any claims that may be brought against me in respect of the services performed or advice given. Records will be held for a minimum of ten (10) years.
You should also be aware that the Act also identifies limited circumstances where an individual’s consent is not required for the release of personal information.
Safeguarding your Information
I maintain confidential hard copy and computer files. Staff, lawyers and other professionals assisting me are trained to maintain confidentiality.
When information is no longer required or a matter is closed, all hard copy file information including personal information, unless I return it directly to you, is placed in secure storage. I ensure by contract that anyone handling your files safeguards your confidentiality.
Access
You have the right, upon request, to be informed whether or not I hold any personal information about you.
Subject to some exceptions, you have a right to review the personal information I have about you and to be advised of what use or disclosure has been made of the information. You may need to provide me with sufficient information to allow me to respond to your inquiry. A reasonable fee will be charged for information searches.
A request for information should be made in writing to the Privacy Officer which I appoint from time to time. A response from the Privacy Officer or a delegate will be made within 30 days and, if that is not possible, you will be advised within that 30 day period if more than 30 days is required to respond to your request.
If after reviewing your personal information you believe it is inaccurate or incomplete, I will work with you to correct it. Documentation in support of your claim may be required.
Privacy Officer
I have appointed a Privacy Officer to assist staff and lawyers who work with me in complying with PIPEDA and to assist clients in exercising their rights under the Act. Please direct questions or concerns to
Privacy Officer
McKiggan Hebert
903-5670 Spring Garden Road
Halifax, NS
B3J 1H6
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