Policy Statement and Purpose
Bird Richard recognizes the importance of privacy and the sensitivity of personal information it collects about its employees and clients. As lawyers, we have a professional obligation to keep confidential all information that is collected within a solicitor-client relationship. We are committed to protecting any personal information we hold.
All businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act, which incorporates the Canadian Standards Association Model Code for the Protection of Personal Information. These obligations extend to lawyers and law firms, including Bird Richard. To ensure that our lawyers and staff are accountable and responsible for the personal information Bird Richard collects, uses and discloses, we have trained our lawyers and staff about our policies and practices.
How do we collect, use and disclose personal information?
Bird Richard collects, uses and discloses personal information only by lawful and reasonable means.
Collection of Personal Information
In most cases, we will seek your specific consent to collect personal information. Nonetheless, in the course of our client representation, there will be cases where personal information about an individual will be collected without consent and in the context of a solicitor-client relationship. In some cases, consent may also be implied through conduct.
Use of Personal Information
We use personal information to provide legal advice and services to our clients, to administer client billings, and for direct marketing purposes. If we have collected and are using your personal information for any marketing activities, and you advise us that you no longer wish to receive new information about our services or new developments in the law, we will not send you any further marketing material.
Disclosure of Personal Information
Under certain circumstances, Bird Richard will disclose personal information it has collected:
- When we are required or authorized by law to do so, for example if a court issues a subpoena;
- When there is consent to disclose the personal information;
- When the legal services we are providing to your organization requires us to give personal information to a third party;
- When it is necessary to establish or collect a fee;
- If we engage a third party to provide administrative services to Bird Richard (such as
- If the information is already publicly known.
Securing Personal Information
Bird Richard takes all reasonable precautions to ensure that personal information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect personal information are:
- Premises security;
- Restricted file access to personal information;
- Deploying technological safeguards to prevent unauthorized access;
- Internal passwords.
Access to Personal Information
A request may be made, in writing, to our Chief Privacy Officer, Reyna Goudreau, to access any personal information Bird Richard holds about you. Retrieval and copying costs will be charged subject to our normal disbursement and professional fees.
The right of access to one’s personal information is not absolute.
We may refuse access when:
- Denial of access is required or authorized by law, including all claims of privilege;
- Denial of access is required to protect the firm’s rights and property;
- The information relates to existing or anticipated legal proceedings against you;
- Access to the information would have an unreasonable impact on a third party;
- Access would compromise or prejudice negotiations with you;
- The request is frivolous or vexatious;
- The information requested reveals confidential commercial information;
- The information was collected for purposes relating to the investigation of a breach of an agreement or contravention of the law of Canada or a province;
- The information was generated in the course of a formal dispute resolution process.
Communicating with Bird Richard
Our clients should be aware that, despite the security measures taken by Bird Richard, e-mail is not a 100% secure medium of communication, and should be aware of this reality when communicating any information of a confidential nature.
If you apply to Bird Richard for a job, we consider your personal information as part of the review process. We normally retain information from candidates after a decision has been made, unless you ask us not to retain the information. If we offer you a position with the firm, which you accept, the information will be retained in accordance with our privacy procedures for employment records. Personal information contained in employee files is used to manage the employment relationship and to meet applicable provincial and federal laws.
Questions or Concerns
508-130 Albert Street