Financial Fitness Centre Privacy Policy

Transcription

1 Financial Fitness Centre Privacy Policy Date of Original Issue: Jan 15,2004 Date of Last Review: Jan 21,2004 Date Review Approved: Jan 28, Table of Contents Preamble:... 1 Application:... 2 Definitions:... 2 The Ten Privacy Principles:... 4 Principle 1: Accountability- Privacy Officers... 4 Principle 2: Identifying Purpose... 4 Principle 3: Consent... 6 Principle 4: Limiting Collection... 8 Principle 5: Limiting Use, Disclosure and Retention... 8 Principle 6: Accuracy Principle 7: Safeguards Principle 8: Openness Principle 9: Individual Access Principle 10: Challenging Compliance Preamble: In 2000 the federal government of Canada enacted The Protection of Personal Information and Electronic Documents Act ( PIPEDA ) which states that effective January 1, 2004, all organizations that collect, use or disclose personal information in the course of their commercial activities will be subject to PIPEDA or substantially similar provincial legislation (collectively privacy legislation ). Privacy legislation requires that the consent of an individual be obtained for the collection and use of his or her personal information, that steps are taken to protect personal information and that one or more individuals be appointed to monitor compliance with the provisions of applicable privacy legislation. 1 P a g e

2 Financial Fitness Centre (FFC) is committed to controlling the collection use and disclosure of personal information provided by our clients and employees and has adopted this privacy policy to ensure the accuracy, confidentiality and integrity of such personal information. Application: This privacy policy applies to personal information that Financial Fitness Centre collects, uses or discloses in respect of any of its clients or employees in the course of its commercial activities. It does not, however, apply in respect of the collection use and disclosure of the following information by FFC: Information that is publicly available, such as a client s name, address, telephone number and electronic address, when listed in a directory or made available by directory assistance the name, title, business address or telephone number of an employee of an organization The application of this Privacy Policy is subject to the requirements or provisions of any applicable legislation, regulations, tariffs or agreements (such as collective agreements), or the order of any court or other lawful authority. Definitions: The following defined terms are used throughout this policy: FFC means Financial Fitness Centre Collection means the act of gathering, acquiring, recording or obtaining personal information from any source, including third parties, by any means. Consent means voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either express or implied and can be provided directly by the individual or by an authorized representative. Express consent can be given orally, electronically or in writing but is always unequivocal and does not require an inference on the part of FFC. Implied consent is consent that can reasonably be inferred from an individual s action or inaction. 2 P a g e

3 Client means an individual who uses the services of FFC Disclosure means making personal information available to third parties outside of Financial Fitness Centre. Employee means an employee or former employee of Financial Fitness Centre and for the purposes of this policy includes the directors, members and volunteers of FFC. Personal Information means information about an identifiable individual recorded in any form and includes, but is not limited to, such things as race, ethnic origin, nationality, colour, age, gender, marital status, religion, education, medical information, criminal information, performance reviews, trade union membership, employment and financial history, income, address and phone number, address, numerical identifiers such as social insurance numbers, views and personal opinions. Personal information also includes credit information, case histories, counselling notes, recorded complaints, record of appointments and in the case of an employee, includes information found in personal employment files, performance appraisals and medical and benefits information. Publicly available information, such as a public directory listing of names, addresses, telephone numbers and electronic addresses, however, is not considered personal information. Privacy legislation - means The Personal Information Protection and Electronic Documents Act (Canada) and/or substantially similar provincial legislation. Third Party means an individual other than the client/employee or his or her agent or an organization other than FFC. Use - means the treatment, handling and management of personal information by Financial Fitness Centre. 3 P a g e

4 The Ten Privacy Principles: There are ten principles of fair information practices that have been identified by the Canadian Standards Association and are contained in the PIPEDA legislation. FFC has adopted these principles as minimum requirements to be adhered to for the protection of personal information collected from the clients and employees of FFC. Principle 1: Accountability- Privacy Officers FFC is responsible for the personal information under its control and shall designate one or more individuals who shall be accountable for the agency s compliance with the legislation s privacy principles. 1.1 Accountability for compliance with the policies and procedures set out in this privacy policy rests with the Executive Director of the FFC, even though others within the agency may be responsible for the day to day collection and processing of personal information. The Privacy Compliance Officer, may from time to time, designate an individual to act on his or her behalf. 1.2 The name and contact information of the Privacy Compliance Officer shall be made available on the FFC website and upon request. 1.3 FFC has implemented policies and practices to give effect to the principles and procedures set out in this privacy policy including: a) implementing procedures to protect personal information such as the adoption of physical, organization and technological security measures; b) establishing procedures to receive and respond to complaints and inquiries through a confidential address and dedicated phone line; c) training and communicating to staff information about the privacy policy and practices; d) developing public information to explain the privacy policy and procedures. Principle 2: Identifying Purpose FFC will identify the purpose for which personal information is collected at or before the time the information is collected. The purposes for which information is collected, used or disclosed by FFC must be those that a reasonable person would consider are appropriate in the circumstances. 4 P a g e

5 2.1 FFC will document the purposes for which information is collected in order to comply with the Openness principle (principle 8) and the Individual Access principle (principle 9). 2.2 Identifying the purposes for which information is collected at or before the time of collection allows FFC to determine the information it needs to collect to fulfill these purposes. The Limiting Collection principle (principle 4) requires FFC to collect only that information necessary for the purposes that have been identified. 2.3 The identified purposes for which personal information is collected shall be specified at or before the time of collection to the client or employee from whom the personal information is collected. Depending upon the way in which the information is collected, this shall be done orally or in writing. 2.4 When FFC proposes to use personal information that has been collected for a purpose not previously identified, it will identify the new purpose before using such personal information. Unless the new purpose is required by law, or consent is not otherwise required pursuant to privacy legislation, the consent of the individual shall be obtained before the information is used for the new purpose. 2.5 Individuals responsible for collecting personal information on behalf of FFC will explain to clients and/or employees the purposes for which the information is being collected. 2.6 The purposes for which the personal information of employees is collected may include, but is not limited to: a) administering payroll and employee benefit programs; b) conducting evaluations and discipline; c) effecting employee training; d) conducting internal reviews; e) investigations and complaint resolution processes; f) effecting the administration of the collective agreement; g) participating in union negotiations and labour arbitrations; h) complying with legal and regulatory obligations; 5 P a g e

6 i) communicating professional certification credentials to clients and potential contractors. 2.7 The purposes for which personal information of clients is collected may include but is not limited to: a) providing advice and information on personal money management issues; b) providing advice, information and options for debt repayment to FFC clients through communication with their various creditors; c) communicating with clients and their creditors. 2.8 The aggregation of anonymous or non-personal information may be used for technical, research and analytical purposes. Information collected through surveys, existing files and public archives may be used to identify services and programmes that benefit the community we serve, to target the marketing of our programmes, to apply for funding, to maintain the financial support and cooperation of our stakeholders. 2.9 The agency shall ensure that any third party to whom personal information is disclosed is in compliance with PIPEDA as well. Principle 3: Consent The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except where consent is not required by privacy legislation 3.1 Consent is required for the collection of personal information and the subsequent use and disclosure of this information. Generally, FFC will seek the consent for the use or disclosure at the time of collection. In certain circumstances, consent may be sought after the information is collected but before it is used (for example, when FFC wants to use the information for a purpose not previously identified.) In obtaining consent, FFC shall use reasonable efforts to ensure that a client or employee is advised of the identified purposes for which personal information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the client or employee. 3.2 In certain circumstances personal information may be collected, used or disclosed without the knowledge and consent of the individual if the use of personal information is clearly in the interests of the individual and consent cannot be obtained in a timely way. An example may be when the individual 6 P a g e

7 is seriously ill or mentally incapacitated, or if seeking the consent of the individual might defeat the purpose of collecting the information such as in the investigation of a breach of agreement or a contravention of a federal or provincial law. Personal information may also be used or disclosed without the knowledge or consent of the individual in the case of an emergency where the life, health or security of an individual is threatened. FFC may disclose personal information to a lawyer representing the agency, to comply with a subpoena, warrant or other court order, or as may otherwise be required by law. 3.3 FFC will not as a condition of the provision of service, require an individual to consent to the collection, use or disclosure of information beyond that required to fulfill the explicitly specified and legitimate purposes. 3.4 The way in which FFC seeks consent may vary, depending on the circumstance and type of information collected. FFC will generally seek express consent when the information is likely to be considered sensitive. The agency will rely on implied consent only where the collection and use of information is directly related to a transaction or exchange of information in which the client is directly participating. Consent may be given by an authorized representative (such as a legal guardian or a person having power of attorney.) 3.5 Consent may be obtained in any one of the following ways: a) An application form may be used to seek consent, collect information and inform the individual of the use that will be made of the information. By completing and signing the form, the individual is giving consent to the collection and specified uses; b) Consent may be given orally when information is collected over the telephone; c) Consent may be given at the time the individual uses the service. 3.7 Generally, the acceptance of employment by an individual constitutes implied consent for FFC to collect, use and disclose personal information for all identified purposes. 3.8 An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. FFC will inform individuals of the implications of withdrawing consent. 7 P a g e

8 Principle 4: Limiting Collection FFC shall limit the collection of personal information to that which is necessary for the purposes identified by the agency. Personal information shall be collected by fair and lawful means. 4.1 FFC will not collect personal information indiscriminately. Both the type and the amount of information collected shall be limited to that which is necessary to fulfill the purposes identified. FFC shall specify the type of information collected as part of its information handling policies and practices, in accordance with the openness principle (Principle 8). 4.2 The requirement that personal information be collected by fair and lawful means is intended to prevent FFC from collecting information by misleading or deceiving individuals about the purpose for which information is being collected. Consent to the collection of personal information must not be obtained through deception. Principle 5: Limiting Use, Disclosure and Retention Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfillment for which it was collected. 5.1 Where FFC intends to use personal information for a purpose not previously identified, the agency shall document the new purpose and shall obtain the consent of the individual prior to using the information for the new purpose. 5.2 FFC may disclose the personal information of its employees: a) to human resources, payroll, benefits, information management, medical and security personnel; b) to third party service providers for the purposes of administering the the above programs; c) to union representatives and labour arbitrators; d) to internal or external legal counsel and auditors; e) to the Privacy Officer of FFC or her designate; f) to third parties for the development, enhancement or marketing of FFC programmes and services; 8 P a g e

9 g) in context of providing references regarding current or former employees; h) in response to requests from prospective employers and/or financial institutions; i) to accreditation reviewers in accordance with OAFFC standards; j) where disclosure is required by law. 5.3 FFC may disclose the personal information of its clients: a) to credit grantors and reporting agencies; b) to any third party the client or counselor may deem as having an interest in the client s financial outcome where the client consents to such disclosure; c) to internal or external legal counsel and auditors; d) to accreditation reviewers in accordance with OAFFC standards; e) where disclosure is required by law. 5.4 Except as required or permitted by law, when disclosure is made to a party other than FFC or a third party provider of personal information processing services, the consent of the individual shall be obtained and reasonable steps shall be taken to ensure that any such third party has personal information privacy procedures and policies in place. 5.5 Personal information shall be kept only as long as necessary or relevant for the identified purposes or as required by law. Depending on the circumstances, where personal information has been used to make a decision about a client or an employee, FFC shall retain, for a period of time that is reasonably sufficient to allow for access by the client or employee, either the actual information or the rationale for making the decision. 5.6 FFC follows the guidelines and procedures set out in the OAFFC accreditation standards for the retention of personal information. With regard to client information retention: FFC retains the hardcopy client assessment files for 24 months, after which the files are destroyed by shredding by either a FFC employee or a licensed and bonded third party. Debt Management Programme file documentation is retained for a period of seven years from the date the Debt Management 9 P a g e

10 Programme is successfully completed or closed, after which the files are destroyed in the same manner as the counselling files. Bankruptcy files are retained for a period of one year after the second counselling session has been completed, after which the files are destroyed by shredding either by a FFC employee or a licensed and bonded third party. FFC electronic counselling and third party case histories are permanently deleted upon closure of the file. Demographic information taken during intake is permanently deleted on the first day of the 24 month following the closure of the file. FFC electronic Debt Management files are kept active for seven years after the debts under administration have been paid in full, or alternatively until there is a default in payment or a request by the client to self-administer the repayment of their debts. After this time, the electronic files are permanently deleted from the FFC system. Electronic back ups of all files are retained for a period of two years. 5.7 Personal information that is no longer required to fulfill the identified purposes or that is not required to be retained pursuant to any applicable law, is destroyed, erased or made anonymous. FFC shall review the personal information in its custody and control on a periodic basis in order to ensure that personal information no longer required to be retained has been destroyed, erased or made anonymous. 5.8 FFC retains personal information of employees for the entire term of their employment with the agency and for a period of up to seven years following the termination of their employment. After this time hard copy and electronic files pertaining to this employee are destroyed by shredding, permanent deletion or are made anonymous. Principle 6: Accuracy Personal information shall be accurate, complete and up-to-date as is necessary for the purposes for which it is to be used. 6.1 FFC recognizes that is it crucial for our client s creditors to have current and accurate information to assist them in making important decisions regarding the acceptance of our debt management programmes and other credit solutions. FFC shall ensure to the best of its ability that the information it holds is accurate, complete, current and relevant to the identified purposes. 10 P a g e

11 FFC shall seek to minimize the possibility that inappropriate information may be used to make a decision about a client or employee. 6.2 FFC will not routinely update personal information, unless this is necessary to fulfill the purposes for which the information was collected. Personal information about clients and employees shall be updated only as and when necessary to fulfill the identified purposes or upon notification by the individual. Principle 7: Safeguards Personal information shall be protected by security safeguards appropriate to the sensitivity of the information 7.1 FFC will implement security safeguards to protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. 7.2 The nature of the safeguards will vary depending upon (i) the sensitivity of the information that has been collected, (ii) the amount distribution and format of the information, and (iii) the method of storage. 7.3 Physical measures such as locked fire resistant filing cabinets and vaults and restricted access to offices, organizational measures such as levels of permission and need to know basis and technological measures such as passwords, VPN connection and firewalls have been adopted by FFC. 7.4 The employees of FFC shall sign a statement of confidentiality agreeing to hold all sensitive information confidential. 7.5 The server environment shall be managed appropriately and firewall infrastructure strictly adhered to. Security practices shall be reviewed on a regular basis and up to date technology employed to ensure that the confidentiality and privacy of the information is not compromised Principle 8: Openness FFC shall make readily available to its clients and employees specific information about its policies and practices relating to the management of personal information. 11 P a g e

12 8.1 FFC will be open about its policies and practices with respect to the management of personal information. Clients and employees shall be able to acquire information about the agency s policies and practices with respect to the management of personal information without unreasonable effort. 8.2 Such information shall be made available through the website and at the main administrative office and the Sarnia branch office and shall include: a) The name address and title of the Privacy Compliance Officer; b) The means of gaining access to the type of information held by FFC and a general account of its usage; c) Copies of any information that explains the agency policies, standards and codes; d) A description of what personal information is made available and to whom. Principle 9: Individual Access An individual shall be informed of the existence use and disclosure of his or her personal information and shall be given access to that information except where FFC is permitted or required by law not to disclose personal information to the client or the employee. An individual client or employee shall be able to a challenge the accuracy and completeness of the information disclosed to him or her and have it amended as appropriate. 9.1 Upon request FFC shall inform an individual client or employee whether it holds personal information about that individual (except where permitted or required by law not to disclose personal information) and shall afford the individual a reasonable opportunity to review the personal information in his or her file at minimal or no cost to the individual. FFC shall provide an account of the use that has been made or is being made of the personal information and an account of the third parties to which the personal information has been disclosed. Where reasonably possible FFC shall indicate the source of the personal information. 9.2 In order to safeguard personal information, a client or employee may be required to provide sufficient identification information to permit FFC to account for the existence use and disclosure of personal information and to authorize access to the individual s file. Any such information shall be used only for this purpose. 12 P a g e

13 9.3 In certain situations, FFC may not be able to provide access to all of the personal information that they hold about a client or employee. If access to personal information cannot be provided, FFC shall provide the reasons for denying access upon request. 9.4 FFC will respond to an individual s request within thirty (30) days of the request being received. The time for request may be extended for up to an additional thirty (30) days if meeting the time limit would unreasonably interfere with the activities of the agency, or if the time required to undertake any consultations necessary to respond to the request would make the time limit impracticable to meet. FFC may also extend the time for responding fore such period of time as is necessary to be able to convert the personal information into an alternative format. FFC will provide notice to the individual of any extension taken within thirty (30) days of the individual s request and will advise the individual of the right to make a complaint to the Privacy Commissioner about the extension. The agency will provide the requested information or make it available in a form that is generally understandable. 9.5 FFC shall promptly correct or complete any personal information found to be inaccurate or incomplete. Any unresolved differences as to the accuracy or completeness shall be noted in the individual s file. Where appropriate, FFC shall transmit to third parties having access to the personal information in question any amended information or the existence of any unresolved differences. 9.6 A client can obtain or seek access to his or her individual file by contacting the contacting the main administrative office of the FFC. An employee can obtain information or seek access to his or her individual file by contacting his or her immediate supervisor. Principle 10: Challenging Compliance An individual client or employee shall be able to address a challenge concerning compliance with the principles in this privacy policy to the Privacy Compliance Officer FFC shall maintain procedures for addressing and responding to all inquiries or complaints from its clients and employees about the agency s handling of personal information FFC will inform their clients and employees about the existence of these procedures as well as the availability of complaint procedures. 13 P a g e

14 10.3 FFC shall investigate all complaints concerning compliance with this Privacy policy. If a complaint is found to be justified, FFC shall take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. A client or employee shall be informed of the outcome of the investigation regarding his or her complaint If an individual is not satisfied with the response from the Privacy Compliance Officer, he or she may have recourse to additional remedies under applicable privacy legislation. Effective date: This policy is effective as of January 1, P a g e