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Privacy Policy

Quorum Business Lawyers

A. INTRODUCTION

The Personal Information Protection Act of British Columbia (“the Act”) regulates the way private sector organizations within British Columbia collect, use, keep, secure and disclose personal information. Quorum Business Lawyers (QBL) realize the importance of privacy and the sensitivity of personal information received by us in the course of our legal practice.

We recognize our professional obligation to maintain the confidentiality of our clients’ information, and our obligations concerning the personal information of all individuals that we collect, use or disclose in the course of our practice. This policy has been developed with those obligations in mind.

B. DEFINITIONS

The following are definitions of important terms used in this policy:

“contact information” means information that allows one individual to contact another individual at a place of business such as his or her business address and telephone number, position, name or title.

“personal information” means all information about an identifiable individual, such as his or her name, home address, social insurance number, sex, income or family status, but does not include contact information or work product information.

“work product information” means information that is prepared or collected by an individual or group of individuals as a part of the individual’s or group’s responsibilities or activities related to their employment or business.  For example, a work-related report prepared and signed by an employee would be work product information, but if the report contained personal information about the organization’s customers, that portion of the report would remain the personal information of customers.

C. SCOPE AND APPLICATION OF THIS POLICY

This policy applies to all personal information about any individuals that is collected, used or disclosed by us in the course of our practice.

D. PURPOSE FOR COLLECTION OF PERSONAL INFORMATION

In order to provide legal services to our clients and effectively represent them, we require all relevant facts and information that relate to our retainer. This information will necessarily include personal information about them and others .

We also collect personal information to meet legal and regulatory requirements and for such other purposes that are identified to our clients and individuals other than our clients.

E. CONSENT

By retaining this firm for legal advice or representation, an individual consents to our necessary collection, use or disclosure of the individual’s personal information in order to properly advise and represent them. Where practical, we endeavour to collect personal information directly from the person to whom the information pertains. When necessary, we will collect personal information from other sources.

The Act deems that an individual has consented to the 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, we will collect, use or disclose personal information without obtaining a written or verbal consent to do so.

The Act also permits us to collect, use or disclose personal information about an individual in some 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.

However, even though the Act permits us to collect, use and disclose personal information in certain circumstances, we have a duty of confidentiality to our clients and thus, we will hold in strict confidence all information concerning the business and affairs of our clients acquired in the course of our practice and we will not disclose any information unless the disclosure is authorized by our clients or is required by law or by a court.

When we collect, use or disclose personal information, we will make reasonable efforts to ensure that it is accurate and complete.

An individual may, upon reasonable notice to us, withdraw consent to the collection, use or disclosure of personal information about the individual at any time. If an individual withdraws consent, we will stop collecting, using or disclosing the personal information, unless it is permitted by law. We will advise such individual of the consequences of withdrawing his or her consent, as it may compromise our ability to continue to represent them.

F. LIMITATION ON COLLECTION, USE OR DISCLOSURE OF PERSONAL INFORMATION

It is our policy to collect personal information about our clients and individuals other than our clients in accordance with the provisions of the Act. We will only collect and use personal information that is necessary to fulfill the purpose we have identified in this policy or identified at the time of collection, unless we obtain consent from the individual or are otherwise permitted by law to do so.  If we need to use or disclose the personal information for a new purpose, we will obtain consent from our clients and individuals other than our clients.  

G. RETENTION OF PERSONAL INFORMATION

We will only retain personal information as long as necessary for the purpose for which the personal information was obtained, unless required by law.  The Act requires us to retain personal information for at least a year.

H. SECURITY OF PERSONAL INFORMATION

We recognize our professional and legal obligations to protect the confidential and personal information we have gathered about our clients and about other individuals during the course of our practice of law.

Therefore, we will use reasonable security measures appropriate to the sensitivity of the information to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information in our custody and control.

I. REQUESTS FOR ACCESS OR CORRECTION TO PERSONAL INFORMATION

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

  • their personal information under our custody or control;
  • information about how their personal information under our control has been and is being used by us;
  • the names of the individuals and organizations to whom their personal information under our control has been disclosed by us.

An individual’s ability to access his or her personal information under our control is not absolute. The Act provides that we must not disclose personal information when:

  • 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 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 would reveal personal information about another individual; or
  • 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 Act further provides that we are not required to disclose personal information when:

  • 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; or
  • 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,

                under an enactment, or

                by a court.

Furthermore, the law permits individuals to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control. We 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.

We will respond to requests for access or correction to personal information from individuals within 30 days of the request, unless an extension has been granted. We will make a reasonable effort 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 us to charge.

If we are not going to comply with all or part of a given request, we will provide the individual with the reasons for the refusal and the provision of the Act on which the refusal is based.

J. CONTACTING OR COMMUNICATING WITH US

If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact our Privacy Officer at:


Quorum Business Lawyers
1450 – 1075 West Georgia Street
Vancouver, British Columbia V6E 3C9
Telephone: (604) 682-0701

If you are dissatisfied with our handling of your personal information, we invite you to contact our Privacy Officer in writing, setting out the reasons for your concern. If, after our Privacy Officer has reviewed and responded to your concern, you remain dissatisfied, you may wish to contact the Office of the Information and Privacy Commissioner at:

P.O. Box 9038, Stn Prov Govt
Victoria; BC V8W 9A4
Telephone (250) 387-5629
Fax (250) 387-1696