REASONS FOR COLLECTING PERSONAL INFORMATION
Lamers Law collects personal information for the following limited purposes: (i) to represent the client, including maintenance of a file for future reference or future retainer; (ii) to establish and maintain client lists for collection of legal fees, record keeping and statistical purposes; and (iii) to establish and maintain mailing lists for newsletters, notification of workshops and seminars, or legal updates that Lamers Law believes might be informative or of benefit to the client.
CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF PERSONAL INFORMATION
ACCURACY OF A CLIENT’S PERSONAL INFORMATION
Lamers Law endeavours to ensure all personal information in Lamers Law’s possession is accurate, current and as complete as is necessary for the purposes for which the personal information was collected, used and maintained. Upon notification and verification that the personal information requires correction or updating, Lamers Law will make the necessary amendments. Personal information contained in files that have been closed, or pertaining to matters of the client that have been resolved, will not be actively updated or maintained. Personal information pertaining to the services for which Lamers Law was retained will be maintained in the file once it is closed. Closed files are retained for the period prescribed by relevant Federal and Provincial legislation, and for lengthier periods if Lamers Law deems such lengthier period is appropriate in the circumstances of the legal services provided.
Lamers Law has implemented a number of physical, organizational and technological safeguards appropriate to the sensitivity of the client’s personal information, including but not limited to: (i) Physical Access – Offices utilized by Lamers Law are restricted. Client files are maintained in areas where access is restricted to authorized personnel. Clients only have walk-through access to these areas if they are escorted by their lawyer or a Lamers Law authorized employee. Highly sensitive information such as financial account information, estate information, and similar are stored in secured cabinets with no available access other than to Lamers Law; (ii) Organizational – Only Lamers Law lawyers and employees working on the client’s file will have authorized access to personal information contained in a file or otherwise maintained; (iii) Technological – Lamers Law utilizes current firewall, virus protection and other technological safeguards to protect personal information that is retained on the Lamers Law computer network. Lamers Law has developed and implemented safe online and email use protocols to reduce the risk of inadvertent disclosure as a result of viruses or cookies. Regarding electronic transmission of personal information (i.e., email), there is no method of transmitting or storing data that is completely secure. Lamers Law uses commercially reasonable technological security in the transmission of the client’s personal information, either in the course of communicating with the client, or in the course of communication with opposing or allied legal counsel and third parties. Notwithstanding these technological safeguards, all Internet transmissions are susceptible to possible loss, misrouting, interception and misuse. For this reason, any retainer of Lamers Law includes a deemed consent from the client to transmit information via the internet.
Under PIPEDA, an individual is entitled to access to the personal information held about them with the following permitted exceptions: (i) No access will be granted if the information is protected by solicitor-client privilege or litigation privilege; (ii) Lamers Law will deny access if the individual seeking access fails to produce sufficient identification to verify that they are the individual about whose personal information access is being sought; (iii) No access will be granted to personal information that is not about the individual seeking access; (iv) No access will be granted to information that is part of a criminal investigation; (v) No access will be granted where such access would harm or interfere with law enforcement activities and other investigative functions of a body authorized by statute to perform such functions; (vi) No access will be granted to information where such access might threaten the life, safety and security, including psychological safety, of the individual seeking access; (vii) No access will be granted to the individual who is a minor or mentally incompetent; (viii) Lamers Law reserves the right to refuse access that it believes is repetitious, frivolous, or vexatious. Upon receiving a request for access in writing, Lamers Law will endeavour to have the information available to the individual seeking access within 60 days of verification of the individual’s identity. Where possible, Lamers Law will provide the requested information at nominal cost to the individual. Where the information requested is stored off-site, Lamers Law reserves the right to charge the individual seeking access the cost to have such information retrieved from the off-site storage facility. The individual entitled to access may challenge the completeness of their personal information under Lamers Law’s care and control. Upon successful demonstration that there is an error in the personal information held by Lamers Law, we will amend the information where appropriate.
Lamers Law will investigate all concerns or complaints respecting the handling of personal information under the control of Lamers Law that are received in writing. As promptly as possible, Lamers Law will report to the individual the results of the investigation and, where the complaint is found to be justified, steps will be taken to resolve the matter. If the individual is dissatisfied with the report provided by Lamers Law, or feels that the corrective action taken by Lamers Law is insufficient, the individual may direct a complaint to the Federal Privacy Commissioner in writing at:
Office of the Privacy Commissioner of Canada
30, Victoria Street
Gatineau, QC K1A 1H3
or online via:
If a question arises regarding access to your personal information held by Lamers Law, or there is a concern about the manner in which Lamers Law collects, uses, retains and discloses your personal information as a client of Lamers Law, please contact: (i) by Mail: Lamers Law, PO Box 4021, RPO Thickson, Whitby, ON L1R 0J7; (ii) by Telephone: (905) 410-2219; or (iii) by Email: email@example.com.