The Institute of Law Clerks of Ontario ("ILCO") recognizes the importance of privacy and the sensitivity of personal information. As an association, we have a professional obligation to maintain the confidentiality of all personal information that we receive. This Privacy Policy outlines how ILCO will collect, use and disclose personal information while protecting our members privacy rights pursuant to the Personal Information and Electronic Documents Act (the "PIPEDA").
Member's Privacy Rights
As of January 1, 2004, all organizations that collect, use and/or disclose personal information in the course of commercial activities must comply with the PIPEDA. Organizations must now obtain members' and student's consent to use, collect or disclose their personal information for commercial purposes. Organizations must also provide information about its privacy practices, such as the adoption of a corporate privacy policy, to members and students.
Why Does ILCO Require Personal Information?
ILCO is a profession organization for Law Clerks for the purpose of providing an organized network for the promotion of unity, cooperation and mutual assistance amount Law Clerks in Ontario. It is the mandate of ILCO to provide and promote general and legal education to its members and students for the purpose of increasing their knowledge, efficiency and professional ability. We require personal information from our members and students in order to provide those services.
Personal information means any information about an identifiable individual (whether recorded or not), but does not include the name, title, business address or telephone number of an employee of an organization. Examples of personal information are:
- age, name, name of school attended, employers name and address,
- opinions, evaluations, comments, social status, or disciplinary actions; and
- members and student files.
What Personal Information Does ILCO Collect?
ILCO collects personal information from members and students in many areas. In membership applications, we require personal information to maintain a database of all members such as names, addresses, dates of birth, employers both past and current, and education information. In education and continuing legal education registrations, we require personal information to maintain a database of all members and students who register and write the ILCO provincial examinations or register to attend a program. Information collected could include names, addresses, dates of birth, schools attended and employers information.
How Does ILCO Collect Personal Information?
ILCO collects personal information in accordance with the PIPEDA. The collection, use and disclosure of member's and student's personal information depends on the type of services ILCO offers members or students.
Consent
Members and students knowledge and consent are required before ILCO may collect, use or disclose members and students personal information, except in situations otherwise permitted by law. Consent means that members clearly understand what information is or may be collected, in what circumstances the information may be collected, and by what means. In most cases, we request that members and students provide us with explicit oral or written consent, if we collect, use or disclose clients' personal information. In limited situations, members' and students' consent may be implied through conduct with us. If any of the personal information that we collect is sensitive, we will obtain additional written or oral consent from members and students, before collecting, using or disclosure the personal information. Members and students may withdraw their consent at any time upon reasonable notice in writing. However, withdrawing consent may affect ILCO's ability to continue to provide members and students with professional services.
Use of Personal Information
ILCO uses members' and students' personal information to provide membership and educational services. ILCO will not disclose members' and students' personal information to any third party to enable them to market their products and services.
Disclosure of Personal Information
Under the following circumstances, ILCO will disclose members' and students' personal information:
- when required or authorized by law to do so;
- when members and students have consented to the disclosure;
- if the information is already publicly known.
Updating Personal Information
As we use members' and students' personal information to administer our association, it is important that the information be accurate and up-to-date. If during any personal information changes, we request that members and students inform us so that we can make any necessary changes and update our files.
Is Clients' Personal Information Secure?
ILCO takes all reasonable precautions to ensure that members' and students' personal information is kept safe from loss, unauthorized access, modification or disclosure. The steps taken to ensure clients' personal information is protected are as follows:
- restricted access to personal information;
- deploying technological safeguards like security software and firewalls to prevent hacking or unauthorized computer access; and
- internal password and security policies.
Access to Personal Information
Members and students can challenge the accuracy and completeness of their personal information and request that it be amended. A summary of members' and students' information is available on request. More detailed requests which require archive or other retrieval costs may be subject to fees. Please make your request in writing to our office at 20 Adelaide Street East, Suite 502, Toronto, Ontario, M5C 2T6 stating as specifically as possible what personal information you are requesting. We will respond to such requests within 30 days and will advise members and students within 30 days if we cannot respond within that time.
If ILCO holds personal information about members and students that is not accurate, complete and up-to-date, we will take reasonable steps to correct it once we are advised that it is incorrect.
Members' and students' rights to access personal information held by us are not absolute. We may deny access when:
- denial of access is required or authorized by law;
- information relates to existing or anticipated legal proceedings against a member or student;
- when granting members and students access would have an unreasonable impact on other people's privacy;
- when to do so would prejudice other members or students;
- to protect ILCO's rights and property;
- where the request is frivolous or vexatious.
If we deny members and students requests for access to personal information or refuse to correct personal information, we will explain to member and students the reasons for our refusal.
Communicating With Us
When communicating with us, members and students should be aware that e-mail is not a 100% secure medium for information. If member and students want to ensure the confidence of the personal information they send to us, they should use more secure mediums such as the telephone, letters or direct contact.
Changes to Our Privacy Policy
ILCO regularly reviews all of its policies and procedures and may change its Privacy Policy from time to time as considered necessary.
Questions
If you have any questions regarding our Privacy Policy, please our office at 416-214-6252.