The Personal Information Protection Act (“the Act”) regulates the way private sector organizations within Alberta collect, use and disclose personal information. “Personal Information” means information about an identifiable individual. Cory J. McAuley Professional Corporation (the “Firm”) recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of our legal practice.

The Firm also recognizes our professional and ethical obligation to maintain the confidentiality of our clients’ information, and our obligations concerning all individuals’ personal information which we collect, use or disclose in our practice. This policy has been developed with those obligations in mind.

Our Need For Personal Information

To give legal advice to the Firm’s clients, the Firm needs to collect all relevant facts and information that relate to the retainer and to the representation of the Firm’s clients. We also require information to manage and develop the Firm’s business. This information will necessarily include personal information about the Firm’s clients and about individuals other than our clients.

Collection, Use and Disclosure of Personal Information

Where practical, the Firm will try to collect personal information directly from the person to whom the information pertains. Where necessary, the Firm will collect personal information from other sources. The Firm will only collect the personal information necessary for the purposes stated in the previous paragraph.

The Act provides that an individual is deemed to consent to the collection, use or disclosure of personal information about that individual for a particular purpose if the individual voluntarily provides the information for that purpose, and it is reasonable that a person would voluntarily provide that information.

By retaining the Firm for legal advice or representation, the Firm considers that an individual consents to our collection, use or disclosure of the individual’s personal information as necessary to properly advise and represent the individual.

It is the Firm’s policy to collect personal information about individuals other than the Firm’s clients in accordance with the provisions of the Act.

When the Firm collects personal information about individuals directly from them, except when their consent to the collection is deemed, the Firm will tell them the purpose for which the information is collected, and the name of a person who can answer questions about the collection.

The Act also permits the Firm to collect, use or disclose personal information about an individual in some circumstances without the individual’s consent. Such circumstances include (but are not limited to) where:

• the collection, use or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way;
• collection, use, or disclosure is reasonable for the purposes of an investigation or proceeding;
• the personal information is available to the public from a prescribed source; or
• the collection, use, or disclosure is required or authorized by law.

When the Firm collects, uses or discloses personal information, the Firm will make reasonable efforts to ensure that it is accurate and complete. The Act also allows the Firm, for legal or business purposes, to retain personal information for as long as is reasonable.

The Firm may partner with third parties to provide specific services related to collection of funds and payment of our accounts. The Firm will share names, financial information or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Security of Personal Information

The Firm recognizes its professional and legal obligations to protect the confidential information of our clients. The Firm also recognizes our legal obligations to protect the personal information the Firm has gathered about the Firm’s clients and about other individuals during the course of our practice of law.

The Firm has therefore made arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information.

Request for Access to Personal Information

The Act permits individuals to submit written requests to us to provide them with:

• their personal information under the Firm’s custody or control;
• information about the purposes for which their personal information under the Firm’s custody or control has been and is being used by the Firm; and
• the names of persons to whom and the circumstances in which their personal information has been and is being disclosed by the Firm.

The Firm will respond to requests in the time allowed by the Act and will make efforts to assist applicants and to respond as accurately and completely as reasonably possible. All requests may be subject to any fees and disbursements the law permits the Firm to charge.

An individual’s ability to access his or her personal information under the Firm’s control is not absolute. The law provides that the Firm must not disclose personal information where:

• 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;
• the disclosure would reveal personal information about another individual; or
• the disclosure would reveal the identity of an individual who has in confidence provided the Firm with an opinion about another individual and the individual providing the opinion does not consent to the disclosure of his or her identity.

The Act further provides that the Firm may choose not to disclose personal information where:

• the personal information is protected by any legal privilege;
• the disclosure of the information would reveal confidential commercial information and it is not unreasonable to withhold that information;
• the personal information was collected by the Firm for an investigation or legal proceeding;
• the disclosure of the personal information might result in similar information no longer being provided to the Firm when it is reasonable that it would be provided;
• 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 an agreement,
  • under an enactment, or
  • by a court; or
• the personal information relates to or may be used in the exercise of prosecutorial discretion.

The Act indicates that it is not to be applied so as to affect any legal privilege. The Firm will not disclose information that is privileged where the applicant is not the client in whom the privilege is vested.

Requests for Correction of Personal Information

The Act permits individuals to submit written requests to the Firm to correct errors or omissions in their personal information that is in the Firm’s custody or control. The Firm will:

• correct the personal information and, if reasonable to do so, send correction notifications to any other organizations to whom we disclosed the incorrect information; or
• decide not to correct the personal information but annotate the personal information that a correction was requested but not made.

Contacting or Communicating with the Firm

If you have any questions, with respect to the Firm’s policy concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under the Firm’s care and control, please contact the Firm’s privacy officer at:

Cory McAuley – cmcauley@mcauleypc.com

If you are dissatisfied with the Firm’s handling of your personal information, the Firm invites you to contact the above privacy officer in writing, setting out the reasons for your concern. If you remain dissatisfied after our privacy officer has reviewed and responded to your concern, you may wish to contact the Office of the Information and Privacy Commissioner at:

410, 9925 – 109 Street
Edmonton, AB T5K 2J8
Telephone 780.422.6860 or Fax 780.422.5682