The Personal Information Protection Act (“the Act”) regulates the way private sector organizations within British Columbia collect, use, keep, secure and disclose personal information. “Personal Information” means all information about an identifiable individual. Marla B. Gilsig, Barrister & Solicitor (“Ms. Gilsig”) understands the importance of privacy and recognizes the sensitivity of personal information received by her in the course of her legal practice.
Ms. Gilsig acknowledges her professional obligation to maintain the confidentiality of client information, and recognizes her obligations concerning personal information that she collects, uses or discloses in her practice. This policy has been developed with those obligations in mind.
Need for Personal Information
In order to provide legal advice to her clients, Ms. Gilsig needs access to all relevant facts and information that relate to her retainer and to the representation of her clients. This information will necessarily include personal information about her clients and other individuals.
Collection, Use and Disclosure of Personal Information
Where practical, Ms. Gilsig collects personal information directly from the person to whom the information pertains. When necessary, she may collect personal information from other sources. By retaining Ms. Gilsig for mediation, legal advice or representation, you consent to her collection, use or disclosure of your personal information in order to properly advise and represent you.
It is Ms. Gilsig’s policy to collect personal information about individuals other than her clients in accordance with the provisions of the Act. The Act deems that an individual has consented to her 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, she will collect, use or disclose personal information without obtaining a written or verbal consent to do so.
The Act also permits her 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; or
- the collection, use or disclosure of personal information is required or authorized by law.
When Ms. Gilsig collects, uses or discloses personal information, she will make reasonable efforts to ensure that it is accurate and complete.
Security of Personal Information
Ms. Gilsig recognizes that she has professional and legal obligations to protect the confidential information of her clients. She recognizes as well her legal obligations to protect the personal information she has gathered about her clients and about other individuals during the course of her practice of law.
She has therefore made arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information.
Requests for Access to Personal Information
The Act permits individuals to submit written requests to Ms. Gilsig to provide them with:
- their personal information under her custody or control;
- information about how their personal information under her control has been and is being used by her;
- the names of the individuals and organizations to whom their personal information under her control has been disclosed by her.
Ms. Gilsig will respond to requests in the time allowed by the Act and 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 her to charge.
An individual’s ability to access his or her personal information under Ms. Gilsig’s control is not absolute. The Act provides that she 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;
- 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 Ms. Gilsig is 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;
- 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:
(i) under a collective agreement,
(ii) under an enactment, or
(iii) by a court.
Requests for Correction of Personal Information
The law permits individuals to submit written requests to Ms. Gilsig to correct errors or omissions in their personal information that is in her custody or control. She will:
- correct the personal information and, if reasonable to do so, send correction notifications to any other organizations to whom she 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 Us
If you have any questions with respect to Ms. Gilsig’s policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under her care and control our Privacy Officer is Ms. Gilsig.
Ms. Gilsig can be contacted as follows:
By phone: 604-222-2902
By fax: 604-222-2971
By regular mail to:
Marla B. Gilsig
Barrister & Solicitor
3819 West 30th Avenue
Vancouver, BC V6S 1W9
If you are dissatisfied with Ms. Gilsig’s handling of your personal information, you are invited to contact her in writing, setting out the reasons for your concern. If, after she 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