As of January 2019:
Sack (Q.C.) and Bogle Law has certain statutory obligations concerning the personal information in our control. Briefly, “personal information” means information about an identifiable individual; in other words, it is information by which the identity of an individual could be deduced, such as residential address and telephone number, email address, personal information related to corporate involvements, billing history, tax records and medical records. However, it does not include the name, position or title, business address or business telephone number of an employee of an organization. It also excludes specified publicly-available information, such as information listed in a public telephone directory.
As a law firm, Sack (Q.C.) and Bogle Law has a professional obligation to keep confidential all information received within the realm of the lawyer-client relationship and has always adhered to the required confidentiality practices. To ensure accountability for all personal information collected by firm members, we have developed appropriate policies and practices, trained those firm members that deal with your personal information and appointed an internal Privacy Officer to ensure compliance with our professional obligations and all applicable privacy laws.
Collection of Personal Information
We collect information only by lawful and fair means and not in any unreasonable or intrusive way. We may collect information by way of verbal or written correspondence including faxes, emails and telephone inquiries. Wherever possible, personal information is collected directly from the individual either at the start of a retainer or during the course of the representation. Depending on the work we are conducting for you, information may also be obtained from other sources; for example, from:
- our clients;
- insurance companies;
- real estate agents in a property transaction;
- witnesses in litigation matters;
- other parties to a transaction or file you have retained us to work on;
- government agencies or registries; and
- accountants and other consultants.
It is important to note that at Sack (Q.C.) and Bogle Law we only collect personal information which an individual would reasonably expect us to collect and in order to provide legal services, our standard business practice is that we do not ask for written consent for us to use your personal information. In most cases, consent to the collection and use of personal information will be implied when we are provided with information we require to successfully meet the requirements of the client retainer and provide effective representation. In rare cases, we will ask for your formal consent to our collection or use of your personal information.
Use and Disclosure of Personal Information
Sack (Q.C.) and Bogle Law professionals (including paralegals, articling students and law students) and their support staff (including assistants), as well as the firm’s management and administrative staff, use the personal information of clients for the purposes of client work. This includes providing legal and related services to individuals and corporations, for precedents usage, to administer client accounts, including time, billing and contact information databases, to perform conflict searches, to enhance our relationship with clients and to provide legal updates which we believe to be of relevance to our clients. In addition, we may send use your personal information to send holiday cards and other greetings from firm lawyers whom you know. If an individual is already a client of Sack (Q.C.) and Bogle Law, or has been in the past, we maintain their client information to facilitate the provision of ongoing services, or anticipated future services. We may use their contact information to create Working Group Lists for future files and for mailings, as explained above. An individual may request that they not receive information about our services or about new developments in the law, and we will adjust our mailing lists accordingly. The firm does not disclose personal information to any third party to enable them to market their products or services, but it may disclose personal information in certain circumstances, as set out below.
Subject to our professional obligations to keep client information confidential, under certain circumstances the firm will disclose personal information to a third party without express client consent, including, where required, or authorized, by law (e.g. if a court issues a subpoena) or where the legal services you have retained us to provide requires us to give personal information to a third party (e.g. to a lender in a real estate mortgage transaction, to a government agency for permit applications, consents or at its request, etc., to a party who, in the reasonable judgement of Sack (Q.C.) and Bogle Law, is providing or seeking information as your agent and any other party, organization or enterprise when required for services to and for clients).
Where Sack (Q.C.) and Bogle Law is required to disclose personal information of clients to third parties for data processing (e.g. for contracted services such as photocopying, computer backup services or archival storage services) or other third party services related to services rendered to and for clients, we will ensure that those third parties agree to only use the personal information for the specified administrative purposes and agree to provide a level of protection to the information comparable to that adopted by Sack (Q.C.) and Bogle Law.
Safeguarding Your Personal Information
Sack (Q.C.) and Bogle Law takes all reasonable precautions to ensure that personal information is kept safe from loss or theft, unauthorized copying, use, access, modification or disclosure. Among the steps taken are:
- premises security restricting access to offices and equipment;
- restricted file access to personal information (e.g. estate and wills information is stored within the Pension, Trusts & Estates Department and not accessible to other firm members);
- technology safeguards, including security software, firewalls to prevent hacking or unauthorized computer access;
- circulating this policy to all Sack Q.C. and Bogle Law members and personnel with strict instructions to act in accordance with its principles (e.g. limiting access to client information on a “need to know” basis); and
- internal password and security policies.
We note that while we take all appropriate steps to safeguard personal information under our control, there is an inherent risk involved in the exchange of information using any form of communication, such as email, telephone, fax transmission and courier service. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information during such transfers.
Access To Personal Information
Individuals may write to our Privacy Officer at the address below to request access to personal information held about them. Sack (Q.C.) and Bogle Law will provide access to this information in the manner provided for in the applicable legislation. If required or authorized by law, access to personal information may be denied.
Sack (Q.C.) and Bogle Law will correct any information used in the course of providing services to clients that is shown to it to be inaccurate, incomplete or not up to date. Note that certain personal information is stored for historical purposes and is not updated. During the course of any engagement or any other exchange of information, any updates to client information will be immediately entered into our systems.
If a request for access or a request to correct information is denied, Sack (Q.C.) and Bogle Law will provide an explanation of the reasons for such refusal.
Privacy Information for Website Visitors
If you have any questions or wish to ask us about our personal information management, please write to our offices at:
Sack (Q.C.) and Bogle Law
191 Eglinton Ave.
East Suite #202
Toronto, ON M4P 1K1
Sack (Q.C.) and Bogle Law will investigate any complaints relating to our information management practices. Wherever it is legal and practical, Sack (Q.C.) and Bogle Law will consider offering the opportunity to deal with general inquiries without an individual disclosing their name or other identifying information.
For more information about your personal privacy rights contact the Privacy Commissioner of Canada at www.privcom.gc.ca or 1-800-282-1376 or contact the Freedom of Information and Privacy Coordinator at:
200 First Ave W
PO Box 4100
North Bay, ON P1B 9M3