On January 1, 2001, Part 1 of the federal government's new privacy legislation, the Personal Information Protection and Electronic Documents Act (the "Act"), came into force. The Act applies to federal works, like CHUM Limited ("CHUM"), in respect of personal information ("Personal Information") that the organization "collects, uses or discloses in the course of commercial activity" and Personal Information about "an employee of the organization that organization collects, uses or discloses in connection with the operation of the federal work."
Personal Information has been defined in the Act as "information about an identifiable individual" but "does not include the name, title or business address or telephone number of an employee of an organization."
The development and implementation of CHUM privacy framework take into account the purposes of the Act. Section 3 of the Act reads as follows:
3. The purpose of this Part is to establish, in an era in which technology increasingly facilitates the circulation and exchange of information, rules to govern the collection, use and disclosure of personal information in a manner that recognizes the right of privacy of individuals with respect to their personal information and the need of organizations to collect, use or disclose personal information for purposes in the circumstances.
The CHUM privacy framework can be found in two documents:
The CHUM Limited Privacy Code (the "CHUM Privacy Code"): This document sets out in detail CHUM's commitment to the principles of the Act. It is the governing document concerning CHUM's collection, use and disclosure of Personal Information. It is available both internally and to the public upon request to the CHUM Privacy Officer (details of the CHUM Privacy Officer below).
The CHUM Limited Privacy Brochure (the "CHUM Privacy Brochure"): This document, the CHUM Privacy Brochure is primarily a document for the public, and is a summary of the CHUM Privacy Code with essential information on how to make an access request to the Privacy Officer. It is available in hard copy format or on the CHUM website at www.chumlimited.com.
Statement of Compliance CHUM is committed to control the collection, use and disclosure of Personal Information in accordance with the Act. CHUM has adopted the Canadian Standards Association's Model Code for the Protection of Personal Information which is recognized as the national standard for the collection, use and disclosure of Personal Information and which principles are reflected in Schedule 1 to the Act.
As such, CHUM will meet the following requirements, unless exempted by law or under the Act:
1. Accountability CHUM is responsible for Personal Information under its control and shall designate a Privacy Officer who will be accountable for CHUM's compliance with the Act.
2. Identifying Purposes The purposes for which Personal Information is collected shall be identified by CHUM at or before the time the Personal Information is collected.
3. Consent The knowledge and consent of the individual are required for the collection, use or disclosure of Personal Information, except where exempted under the Act.
4. Limiting Collection The collection of Personal Information shall be limited to that which is necessary for the purposes identified by CHUM. Personal Information shall be collected by fair and lawful means.
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 permitted or required by law. Personal Information shall be retained only as long as necessary for the fulfillment of those purposes.
6. Accuracy Personal Information shall be as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
7. Safeguards Personal Information shall be protected by security safeguards appropriate to the sensitivity of the Personal Information.
8. Openness CHUM shall make readily available to individuals specific information about its policies and practices relating to the management of Personal Information.
9. Individual Access Upon request, an individual shall be informed of the existence, use and disclosure of his or her Personal Information and shall be given access to that Personal Information. An individual shall be able to challenge the accuracy and completeness of the Personal Information and have it amended as appropriate.
10. Challenging Compliance An individual shall be able to address a challenge concerning compliance with the above principles to the Privacy Officer for CHUM.
The CHUM Privacy Officer Although it is the responsibility of all CHUM employees to be responsible for insuring that the collection, use and disclosure of Personal Information is carried out in accordance with the Act, CHUM has appointed a Privacy Officer who will oversee implementation, compliance and complaints with respect to the application of the Act within CHUM.
If you have a question concerning the CHUM privacy framework
Or would like a copy of any of the above-mentioned documents
Or would like to launch an access request
Or would like to challenge CHUM's compliance with the principles of the Act outlined above you should contact the CHUM Privacy Officer at:
CHUM Limited 299 Queen St. W. Toronto, Ontario M5V 2Z5 (416) 591-5757 Email: firstname.lastname@example.org
If you are not satisfied with the response from the Privacy Officer, you may have recourse to the Office of the Privacy Commissioner at:
Federal Privacy Commissioner 112 Kent Street Ottawa, Ontario K1A 1H3