The Ten Principles of PIPEDA Summarized
Accountability: organizations are accountable for the personal information they collect, use, retain and disclose in the course of their commercial activities, including, but not limited to, the appointment of a Chief Privacy Officer;
Identifying Purposes: organizations are to explain the purposes for which the information is being used at the time of collection and can only be used for those purposes;
Consent: organizations must obtain an Individual’s express or implied consent when they collect, use, or disclose the individual’s personal information;
Limiting Collection: the collection of personal information must be limited to only the amount and type that is reasonably necessary for the identified purposes;
Limiting Use, Disclosure and Retention: personal information must be used for only the identified purposes, and must not be disclosed to third parties unless the Individual consents to the alternative use or disclosure;
Accuracy: organizations are required to keep personal information in active files accurate and up-to-date;
Safeguards: organizations are to use physical, organizational, and technological safeguards to protect personal information from unauthorized access or disclosure.
Openness: organizations must inform their clients and train their employees about their privacy policies and procedures;
Individual Access: an individual has a right to access personal information held by an organization and to challenge its accuracy if need be; and
Provide Recourse: organizations are to inform clients and employees of how to bring a request for access, or complaint, to the Chief Privacy Officer, and respond promptly to a request or complaint by the individual.
An individual’s express, written consent will be obtained before or at the time of collecting personal information. The purposes for the collection, use or disclosure of the personal information will be provided to the individual at the time of seeking his or her consent. Once consent is obtained from the individual to use his or her information for those purposes, CAPERACE has the individual's implied consent to collect or receive any supplementary information that is necessary to fulfil the same purposes. Express consent will also be obtained if, or when, a new use is identified.
Limiting Use, Disclosure and Retention
Use of Personal Information
Personal information will be used for only those purposes to which the individual has consented with the following exceptions, as permitted under PIPEDA:
CAPERACE will use personal information without the individual's consent, where:
the organization has reasonable grounds to believe the information could be useful when investigating a contravention of a federal, provincial or foreign law and the information is used for that investigation;
an emergency exists that threatens an individual’s life, health or security;
the information is for statistical study or research;
the information is publicly available;
the use is clearly in the individual’s interest, and consent is not available in a timely way;
knowledge and consent would compromise the availability or accuracy of the information, and
collection is required to investigate a breach of an agreement.
Disclosure and Transfer of Personal Information
Personal information will be disclosed to only those CAPERACE employees, members of CAPERACE committees, and Directors that need to know the information.
PIPEDA permits CAPERACE to disclose personal information to third parties, without an individual's knowledge and consent, to:
a lawyer representing CAPERACE;
collect a debt owed to CAPERACE by the individual or client;
comply with a subpoena, a warrant or an order made by a court or other body with appropriate jurisdiction;
a law enforcement agency in the process of a civil or criminal investigation;
a government agency or department requesting the information; or,
as required by law.
PIPEDA permits CAPERACE to transfer personal information to a third party, without the individual's knowledge or consent, if the transfer is simply for processing purposes and the third party only uses the information for the purposes for which it was transferred. CAPERACE will ensure, by contractual or other means, that the third party protects the information and uses it only for the purposes for which it was transferred.
Retention of Personal Information
Personal information will be retained in client files as long as the file is active and for such periods of time as may be prescribed by applicable laws and regulations.
CapeRace endeavours to ensure that any personal information provided by the individual in his or her active file(s) is accurate, current and complete as is necessary to fulfill the purposes for which the information has been collected, used, retained and disclosed. Individuals are requested to notify CAPERACE of any change in personal or business information.
Information contained in inactive files is not updated.
All inactive files or personal information no longer required are shredded prior to disposal to prevent inadvertent disclosure to unauthorized persons.
Technological Safeguards: Personal information contained in CAPERACE computers and electronic databases are password protected in accordance with CAPERACE 's Information Security Policy. Access to any of the CAPERACE 's computers also is password protected. CAPERACE 's Internet router or server has firewall protection sufficient to protect personal and confidential business information against virus attacks and "sniffer" software arising from Internet activity. Personal information is not transferred to volunteer committee members, the Board of Directors, or third parties by e-mail or other electronic form.
CapeRace will endeavour to make its privacy policies and procedures known to the individual via this Privacy. This document will also be available on CAPERACE ’s website: www.CapeRace.com
An Individual who wishes to review or verify what personal information is held by CAPERACE, or to whom the information has been disclosed (as permitted by the Act), may make the request for access, in writing, to the CAPERACE 's Chief Privacy Officer. Upon verification of the individual's identity, the Chief Privacy Officer will respond within 60 days.
If the individual finds that the information held by CAPERACE is inaccurate or incomplete, upon the individual providing documentary evidence to verify the correct information, CAPERACE will make the required changes to the individual's active file(s) promptly.
If an individual has a concern about CAPERACE 's personal information handling practises, a complaint, in writing, may be directed to the CAPERACE 's Chief Privacy Officer.
Upon verification of the individual's identity, CAPERACE 's Chief Privacy Officer will act promptly to investigate the complaint and provide a written report of the investigation's findings to the individual.
Where CAPERACE 's Chief Privacy Officer makes a determination that the individual's complaint is well founded, the Chief Privacy Officer will take the necessary steps to correct the offending information handling practise and/or revise CAPERACE 's privacy policies and procedures.
Where CAPERACE 's Chief Privacy Officer determines that the individual's complaint is not well founded, the individual will be notified in writing.
If the individual is dissatisfied with the finding and corresponding action taken by CAPERACE 's Chief Privacy Officer, the individual may bring a complaint to the Federal Privacy Commissioner at the address below:
112 Kent Street, Ottawa,
Ontario K1A 1H3
Tel 1-800-282-1376Website address: www.privcom.gc.ca
1661 Vandorf Sdrd.
L4G 7C3Email address:email@example.com
Amendment to CAPERACE 's Privacy Policies