Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act ("PIPEDA") and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA. These obligations extend to lawyers and law firms, including Kazen Law Professional Corporation.
Additionally, as a professional services firm, we have professional and ethical obligations to keep confidential the information we receive in the context of a lawyer-client and agent-client relationship.
According to PIPEDA, personal information is information about an identifiable individual. It includes but is not limited to age and date of birth, home address, social insurance number, gender, education, training, employment history, work experience, emergency contact information, personal information regarding spouse or children, financial information, and medical information. It does not include the name, title or business address or telephone number of an employee of an organization.
Collection of Personal Information
We collect information as is needed to allow us to represent clients in the tasks for which we have been engaged. We collect information only by fair and lawful means. Generally, we collect personal information directly from the client at the commencement of the lawyer-client or agent-client relationship.
In some circumstances, your consent is implied through the nature of an engagement by you. In other cases, we may ask you to specifically consent to the collection, use, or disclosure of your personal information. In such cases, we may ask for your consent in writing, but in some circumstances, we may accept you oral consent.
Use of Personal Information
We use your personal information to provide legal advice and services to you, to issue invoices, and to administer our record keeping and billing databases. We do not generally disclose your personal information to any third party unless necessary to fulfill the tasks for which we are engaged or unless we are compelled to do so by an order of a Court of competent jurisdiction or otherwise by law. The circumstances in which we may disclose your personal information include, but are not limited to: where necessary to collect fees and disbursements, when engaging experts or other law firms on your behalf, when you have explicitly or implicitly consented to the disclosure, and where the information is already in the public domain.
Withdrawal of Consent
You may withdraw your consent to our collection, use and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to our collection, use and disclosure of your personal information may impact our ability to represent you and provide you with legal advice.
We use various safeguards to prevent against the misuse of your personal information. These safeguards include internet security software, internal passwords, and security of our physical premises.
Access to Personal Information
You have a right to access to your personal information subject to certain exceptions prescribed by law. These exceptions include, but are not limited to: denial of access required by law, denial of access to protect the privacy of others, denial of access to protect our rights, when information relates to existing or anticipated legal proceedings against you, when to do so would prejudice negotiations with you, and where the request is frivolous or vexatious. If we deny your request for access to, or refuse a request to correct information, we shall explain why.
If you have any questions or concerns about the privacy of your personal information, please contact Samuel Kazen at:
120 Carlton Street, Suite 215
If any complaint or inquiry is not handled to your satisfaction, you may contact:
Privacy Commissioner of Canada
112 Kent Street
Toll free: 1-800-282-1376