Our Strict Privacy Policy
R. T. Brockbank & Associates Inc. is
currently licenced and regulated by the Ministry of Community Safety
and Correctional Services – Private Security and Investigative
Services Branch. R. T. Brockbank & Associates Inc. acknowledges the
existence of the Federal Personal Information Protection and
Electronics Documents Act (PIPEDA).
The Council of Private Investigators
of Ontario (CPIO) with additional Provincial Investigative
Associations lobbied and had PIPEDA, provide private investigation
firms with the designation of "Investigative Body" status.
"Investigative Body" status allows for the collection and
dissemination of information without the individual's consent. The
Federal Regulatory Body defined a private investigative firm as one
"licensed by a province to engage in the business of providing
private investigators or detectives and that has a privacy code that
is compliant with the Canadian Standards Association Standard
CAN/CSA-Q830-96, Model Code for the Protection of Personal
Information, as amended from time to time, and (ii) that is a
member in good standing of a professional association that
represents the interest of private investigators or detectives and
that has such a privacy code." Any privacy related issues may be
directed to Robert Brockbank and he will reply in kind.
Ten interrelated principles form the
basis of the Canadian Standards Association Model Code for the
Protection of Personal Information. Each principle is a core element
in the Council of Private Investigators - Ontario (CPIO) Code of
Privacy.
1. Accountability
R. T. Brockbank & Associates Inc. is
responsible fo personal information under its control and compliance
with the following principles;
R. T. Brockbank &
Associates Inc. is committed to:
- Safeguarding personal information against improper
dissemination
- Educating our staff through training about PIPEDA and the
CPIO'S Code of Privacy
The CPIO'S Ethics
Committee is accountable for enforcement of the CPIO'S Code of
Privacy. An annual report of the Ethics Committee will be posted on
the CPIO'S website.
2. Identifying
Purposes
R. T. Brockbank &
Associates Inc. will identify the purposes for which personal
information is collected at or before the time of collection. Our
firm will collect personal information to facilitate the
investigation of potential contraventions of the law, breaches of
agreements that may result in pending civil litigation or for
intellectual purposes.
3. Consent
We will obtain the
appropriate consent of the individual as required for the
collection, use, or disclosure of personal information, except when
PIPEDA allows an exception.
In most instances,
obtaining the knowledge and consent of individuals would defeat the
purpose of an investigation. Personal information will only be
collected, used and disclosed by R. T. Brockbank & Associates Inc.
without consent in accordance with section 7 of the Personal
Information Protection and Electronic Documents Act (PIPEDA), S.C.
2000, c.5 (PIPEDA).
4. Limiting
Collection
The personal
information that we shall collect will be limited to that which is
necessary for the purposes identified by R. T. Brockbank &
Associates Inc.
We will collect
information about individuals only if we deem reasonable grounds
exist to believe that the information relates to dishonest conduct,
pending civil litigation, breaches of agreements or contraventions
of the laws of Canada, a Province, or a foreign jurisdiction.
5. Limiting Use,
Disclosure, and Retention
Personal information
shall not be used or disclosed for purposes other than those for
which it was collected, except with the consent of the individual or
as required by law. Personal information shall be retained only as
long as necessary for the fulfillment of those purposes or as
required by the Ministry of Community Safety and Correctional
Services.
R. T. Brockbank &
Associates Inc. may only use or disclose personal information for
the purposes for which it was collected. R. T. Brockbank &
Associates Inc. may only keep personal information for as long as
may be necessary to satisfy such purpose or unless governed by a
specific law. We may disclose personal information only to law
enforcement agencies, regulatory bodies, other Investigative Bodies
or our clients for the purpose for which the personal information
was collected.
6. Accuracy
Personal information
shall be as accurate, complete, and up-to-date as is necessary for
the purposes for which it is to be used.
We will ensure to the
best of our ability that the personal information we collect, use,
and disclose is accurate, complete, current, and relevant to the
stated purpose.
7. Safeguards
Security safeguards
appropriate to the sensitivity of the information shall protect
personal information.
R. T. Brockbank &
Associates Inc. will ensure that personal information is stored in
secure electronic and hard copy files. Hard copy files will be
stored in locked file cabinets with restricted access. Electronic
files will be stored in secure systems that include power-on
password protection and a secure firewall.
8. Openness
R. T. Brockbank &
Associates Inc. shall make readily available to individuals specific
information about its policies and practices relating to the
management of personal information.
We will make available
to the public easily understandable information about our privacy
policy, both in hard copy and on CPIO'S web site
www.cpio.org.
9. Individual
Access
Upon request with a
bona fide reason as deemed by R. T. Brockbank & Associates Inc., an
individual shall be informed of the existence, use, and disclosure
of his or her personal information and shall be given access to that
information. An individual may be given the opportunity to examine
the accuracy and completeness of the information and have it amended
as appropriate.
In accordance with
paragraph 9(3)(c.1) of PIPEDA, if such disclosure does not defeat
the purposes for which the information was collected, R. T.
Brockbank & Associates Inc. will, upon request by an individual,
advise the individual whether we have personal information
concerning him or her, what that information is, what it is being
used for and to whom their information has been disclosed.
If the individual can
provide proof of an error in the personal information held by R. T.
Brockbank & Associates Inc., we will amend the information and send
the corrected information to others who have used the incorrect
information. If the individual challenges certain information, but
cannot disprove its accuracy, we will note the challenge so that
those using the information will be aware of the unresolved
challenge.
If R. T. Brockbank &
Associates Inc. deny an individual's request for access, we will
state the reasons for the denial and advise the individual of
his/her right to appeal to the Office of the Privacy Commissioner of
Canada or Ontario as the case may be.
A few lawful
exceptions are listed below, but not limited to, which will prevent
us from responding to an individual's request for access to their
personal information;
-
Personal
information about another individual either related or
non-related to the investigation might be revealed.
-
Commercially
confidential information might be revealed.
-
The information
was collected without consent for the purposes related to an
investigation of a breach or an agreement, pending civil
litigation or contravention of a law or other lawful exemption.
-
The information is
protected by the Solicitor/Client privilege.
-
When restricted
from providing this disclosure by the Ministry of Community
Safety and Correctional Services – Private Security and
investigative Services Act, 2005.
10. Challenging
Compliance
An individual shall be
able to address a challenge concerning compliance with the above
principles to the designated individual or individuals accountable
for the organization's privacy compliance.
In addition,
individuals may send complaints with respect to the decisions by R.
T. Brockbank & Associates Inc. in compliance with its own privacy
policies and procedures to the CPIO'S
Ethics Committee. The CPIO Ethics Committee will
investigate the complaint and respond to the individual. If the CPIO
Ethics Committee finds that R. T. Brockbank & Associates Inc. is in
violation of the CPIO Code of Privacy, we will have thirty days in
which to change its policies or procedures. If the individual is
still not satisfied, he/she will be advised by the CPIO Ethics
Committee of his or her right to appeal to the Office of the Privacy
Commissioner of Canada or Ontario. |