As a firm of lawyers and professional supporting staff, Dunphy Best Blocksom LLP accepts the obligations imposed by the Personal Information Protection Act (Alberta), the Personal Information Protection and Electronic Documents Act (Canada) and the Canadian Standards Association Model Code for the Protection of Personal Information, which it incorporates, and any changes to those Acts or additional Acts that are subsequently enacted that address the collection, use, storage and protection of personal information.
Personal Information means information about an identifiable individual. This includes the individual’s name, address, contact numbers, age, sex, marital/family status, any identifying numbers, financial information, educational history, health situation, and so on. It is information which may identify a person, or by which a person’s identity could be deduced.
It is a necessary part of operating a law firm such as Dunphy Best Blocksom LLP to collect and use such information in providing clients with legal services. Dunphy Best Blocksom has committed to collecting such information only by lawful and fair means that are not unreasonably intrusive.
Wherever possible, Dunphy Best Blocksom LLP will collect a client’s Personal Information directly from the client, at the start of our relationship with that client. However, sometimes such information may be obtained from other sources, such as a government agency, a client’s employer, or a client’s accountant. Dunphy Best Blocksom LLP will seek a clients’ consent to collect such additional information. This consent may be obtained orally, implicitly, or in writing.
Use and Disclosure of Personal Information
Personal Information will be used only to provide legal advice and services to a client, to administer a client’s file with our firm and to include a client in any direct marketing undertaken by our firm.
Dunphy Best Blocksom will not disclose a client’s Personal Information to a third party to enable that party to market their products or services.
Further Details Regarding Use and Disclosure of Personal Information
Personal information is shared with Dunphy Best Blocksom LLP’s employees and consultants in circumstances where such use and disclosure is necessary for the purposes of providing legal services for the client.
Dunphy Best Blocksom LLP may be required to share or disclose Personal Information in additional circumstances, including:
When required or authorized by law to do so.
Where an expert witness is engaged on behalf of a client.
Where a law firm in another jurisdiction is retained on behalf of a client.
Assumed Consent for Use of Personal Information
Consent for Personal Information to be used for a particular purpose is assumed in cases where the client volunteers information for an obvious purpose.
Withdrawal of Consent for Use of Personal Information
A client may withdraw consent to the use and disclosure of Personal Information at any time, unless the Personal Information is necessary for Dunphy Best Blocksom LLP to fulfill its legal obligations. It will be understood that Dunphy Best Blocksom LLP may in certain circumstances collect, use or disclose Personal Information without consent as authorized by law, for example, where to do so is reasonable for a legal proceeding, to collect a debt owed to Dunphy Best Blocksom LLP, or in a life threatening emergency.
Dunphy Best Blocksom LLP will use all appropriate precautions to ensure that a client’s Personal Information is kept safe from loss, unauthorized access or disclosure.
Access to Personal Information
A client may request access to any Personal Information Dunphy Best Blocksom LLP holds about that client. Requests involving archived information, or requiring copying or other retrieval costs may be subject to appropriate fees and charges.
A client’s rights to access their Personal Information is not absolute. This right may be denied in some circumstances: for example, when so required by law; where such information relates to legal proceedings against the client; where granting such access would have an unreasonable effect on other people’s privacy; in order to protect Dunphy Best Blocksom LLP’s rights and property; and where the request is frivolous or vexatious.
A comprehensive explanation will be provided where access to such information is denied.
Dunphy Best Blocksom LLP will take all reasonable measures to ensure any information collected is correct or to correct any errors relating to a client’s Personal Information in the possession of the firm.
Where legal and practicable, it may be that general matters can be dealt with without providing a client’s identity. However, for some purposes, such as money laundering and terrorism legislation, it is necessary to confirm the identity of all new clients, or to make reports to appropriate authorities.
Employment with Dunphy Best Blocksom LLP
Applications to Dunphy Best Blocksom LLP may require consideration of Personal Information as part of the firm’s review process. Such information is retained after a decision has been made, unless the prospective employee particularly asks that the information not be retained by the firm. If the employee does take up employment with Dunphy Best Blocksom, such information will be retained in accordance with privacy procedures for employment records.
E-mail is not a totally secure medium, and this must be taken into account when using e-mail to transmit personal or confidential information.