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free Tribunal forms. Please use this following link to the Ontario Rental Tribunal Housing Site. Cut
and paste in your browser for this link too
work. thank you
http://www.orht.gov.on.ca
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Take our FREE PRIVACY ASSESSMENT then contact us. We are a FIRM like
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and only have you in mind. Thank you too
all who need to ask us for ADVICE. FREE ADVICE.
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Inc. CANADA'S PRIVACY TRAINING COMPANY FOR
THE PRIVATE SECTOR. Landlords should not be naive in
believing that a standard lease holds them
LEGAL UNDER THE PRIVACY LAWS OF CANADA. You must have a PRIVACY OFFICER ON STAFF- WE OFFER OURS
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Email canadianaplinc@yahoo.com
TO PROTECT CANADIAN BUSINESSES AND
TO INSTILL DIGNITY IN LANDLORD MEMBERS
WITH STRENGHT IN NUMBERS
AND INTEGRITY WITH A VOICE We are registered members of the International
Associations of Privacy Professionals
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4.1 Principle 1 - Accountability
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An organization is responsible for personal
information under its control and shall designate
an individual or individuals who are accountable
for the organization's compliance with
the following principles.
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4.1.1
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Accountability for the organization's
compliance with the principles rests with
the designated individual(s), even though
other individuals within the organization
may be responsible for the day-to-day collection
and processing of personal information. In
addition, other individuals within the organization
may be delegated to act on behalf of the
designated individual(s).
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4.1.2
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The identity of the individual(s) designated
by the organization to oversee the organization's
compliance with the principles shall be made
known upon request.
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4.1.3
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An organization is responsible for personal
information in its possession or custody,
including information that has been transferred
to a third party for processing. The organization
shall use contractual or other means to provide
a comparable level of protection while the
information is being processed by a third
party.
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4.1.4
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Organizations shall implement policies and
practices to give effect to the principles,
including
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(a) implementing procedures to protect personal
information; |
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(b) establishing procedures to receive and
respond to complaints and inquiries; |
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(c) training staff and communicating to staff
information about the organization's
policies and practices; and |
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(d) developing information to explain the organization's
policies and procedures. |
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4.2 Principle 2 - Identifying Purposes
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The purposes for which personal information
is collected shall be identified by the organization
at or before the time the information is
collected.
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4.2.1
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The organization shall document the purposes
for which personal information is collected
in order to comply with the Openness principle
(Clause 4.8) and the Individual Access principle
(Clause 4.9).
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4.2.2
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Identifying the purposes for which personal
information is collected at or before the
time of collection allows organizations to
determine the information they need to collect
to fulfil these purposes. The Limiting Collection
principle (Clause 4.4) requires an organization
to collect only that information necessary
for the purposes that have been identified.
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4.2.3
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The identified purposes should be specified
at or before the time of collection to the
individual from whom the personal information
is collected. Depending upon the way in which
the information is collected, this can be
done orally or in writing. An application
form, for example, may give notice of the
purposes.
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4.2.4
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When personal information that has been collected
is to be used for a purpose not previously
identified, the new purpose shall be identified
prior to use. Unless the new purpose is required
by law, the consent of the individual is
required before information can be used for
that purpose. For an elaboration on consent,
please refer to the Consent principle (Clause
4.3).
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4.2.5
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Persons collecting personal information should
be able to explain to individuals the purposes
for which the information is being collected.
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4.2.6
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This principle is linked closely to the Limiting
Collection principle (Clause 4.4) and the
Limiting Use, Disclosure, and Retention principle
(Clause 4.5).
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4.3 Principle 3 - Consent
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The knowledge and consent of the individual
are required for the collection, use, or
disclosure of personal information, except
where inappropriate.
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Note: In certain circumstances personal information
can be collected, used, or disclosed without
the knowledge and consent of the individual.
For example, legal, medical, or security
reasons may make it impossible or impractical
to seek consent. When information is being
collected for the detection and prevention
of fraud or for law enforcement, seeking
the consent of the individual might defeat
the purpose of collecting the information.
Seeking consent may be impossible or inappropriate
when the individual is a minor, seriously
ill, or mentally incapacitated. In addition,
organizations that do not have a direct relationship
with the individual may not always be able
to seek consent. For example, seeking consent
may be impractical for a charity or a direct-marketing
firm that wishes to acquire a mailing list
from another organization. In such cases,
the organization providing the list would
be expected to obtain consent before disclosing
personal information.
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4.3.1
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Consent is required for the collection of
personal information and the subsequent use
or disclosure of this information. Typically,
an organization will seek consent for the
use or disclosure of the information at the
time of collection. In certain circumstances,
consent with respect to use or disclosure
may be sought after the information has been
collected but before use (for example, when
an organization wants to use information
for a purpose not previously identified).
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4.3.2
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The principle requires ``knowledge and consent''.
Organizations shall make a reasonable effort
to ensure that the individual is advised
of the purposes for which the information
will be used. To make the consent meaningful,
the purposes must be stated in such a manner
that the individual can reasonably understand
how the information will be used or disclosed.
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4.3.3
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An organization shall not, as a condition
of the supply of a product or service, require
an individual to consent to the collection,
use, or disclosure of information beyond
that required to fulfil the explicitly specified,
and legitimate purposes.
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4.3.4
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The form of the consent sought by the organization
may vary, depending upon the circumstances
and the type of information. In determining
the form of consent to use, organizations
shall take into account the sensitivity of
the information. Although some information
(for example, medical records and income
records) is almost always considered to be
sensitive, any information can be sensitive,
depending on the context. For example, the
names and addresses of subscribers to a newsmagazine
would generally not be considered sensitive
information. However, the names and addresses
of subscribers to some special-interest magazines
might be considered sensitive.
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4.3.5
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In obtaining consent, the reasonable expectations
of the individual are also relevant. For
example, an individual buying a subscription
to a magazine should reasonably expect that
the organization, in addition to using the
individual's name and address for mailing
and billing purposes, would also contact
the person to solicit the renewal of the
subscription. In this case, the organization
can assume that the individual's request
constitutes consent for specific purposes.
On the other hand, an individual would not
reasonably expect that personal information
given to a health-care professional would
be given to a company selling health-care
products, unless consent were obtained. Consent
shall not be obtained through deception.
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4.3.6
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The way in which an organization seeks consent
may vary, depending on the circumstances
and the type of information collected. An
organization should generally seek express
consent when the information is likely to
be considered sensitive. Implied consent
would generally be appropriate when the information
is less sensitive. Consent can also be given
by an authorized representative (such as
a legal guardian or a person having power
of attorney).
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4.3.7
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Individuals can give consent in many ways.
For example:
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(a) an application form may be used to seek
consent, collect information, and inform
the individual of the use that will be made
of the information. By completing and signing
the form, the individual is giving consent
to the collection and the specified uses; |
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(b) a checkoff box may be used to allow individuals
to request that their names and addresses
not be given to other organizations. Individuals
who do not check the box are assumed to consent
to the transfer of this information to third
parties; |
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(c) consent may be given orally when information
is collected over the telephone; or |
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(d) consent may be given at the time that individuals
use a product or service. |
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4.3.8
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An individual may withdraw consent at any
time, subject to legal or contractual restrictions
and reasonable notice. The organization shall
inform the individual of the implications
of such withdrawal.
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4.4 Principle 4 - Limiting Collection
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The collection of personal information shall
be limited to that which is necessary for
the purposes identified by the organization.
Information shall be collected by fair and
lawful means.
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4.4.1
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Organizations shall not collect personal
information indiscriminately. Both the amount
and the type of information collected shall
be limited to that which is necessary to
fulfil the purposes identified. Organizations
shall specify the type of information collected
as part of their information-handling policies
and practices, in accordance with the Openness
principle (Clause 4.8).
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4.4.2
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The requirement that personal information
be collected by fair and lawful means is
intended to prevent organizations from collecting
information by misleading or deceiving individuals
about the purpose for which information is
being collected. This requirement implies
that consent with respect to collection must
not be obtained through deception.
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4.4.3
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This principle is linked closely to the Identifying
Purposes principle (Clause 4.2) and the Consent
principle (Clause 4.3).
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4.5 Principle 5 - Limiting Use, Disclosure,
and Retention
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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 fulfilment of
those purposes.
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4.5.1
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Organizations using personal information
for a new purpose shall document this purpose
(see Clause 4.2.1).
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4.5.2
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Organizations should develop guidelines and
implement procedures with respect to the
retention of personal information. These
guidelines should include minimum and maximum
retention periods. Personal information that
has been used to make a decision about an
individual shall be retained long enough
to allow the individual access to the information
after the decision has been made. An organization
may be subject to legislative requirements
with respect to retention periods.
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4.5.3
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Personal information that is no longer required
to fulfil the identified purposes should
be destroyed, erased, or made anonymous.
Organizations shall develop guidelines and
implement procedures to govern the destruction
of personal information.
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4.5.4
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This principle is closely linked to the Consent
principle (Clause 4.3), the Identifying Purposes
principle (Clause 4.2), and the Individual
Access principle (Clause 4.9).
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4.6 Principle 6 - Accuracy
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Personal information shall be as accurate,
complete, and up-to-date as is necessary
for the purposes for which it is to be used.
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4.6.1
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The extent to which personal information
shall be accurate, complete, and up-to-date
will depend upon the use of the information,
taking into account the interests of the
individual. Information shall be sufficiently
accurate, complete, and up-to-date to minimize
the possibility that inappropriate information
may be used to make a decision about the
individual.
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4.6.2
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An organization shall not routinely update
personal information, unless such a process
is necessary to fulfil the purposes for which
the information was collected.
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4.6.3
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Personal information that is used on an ongoing
basis, including information that is disclosed
to third parties, should generally be accurate
and up-to-date, unless limits to the requirement
for accuracy are clearly set out.
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4.7 Principle 7 - Safeguards
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Personal information shall be protected by
security safeguards appropriate to the sensitivity
of the information.
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4.7.1
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The security safeguards shall protect personal
information against loss or theft, as well
as unauthorized access, disclosure, copying,
use, or modification. Organizations shall
protect personal information regardless of
the format in which it is held.
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4.7.2
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The nature of the safeguards will vary depending
on the sensitivity of the information that
has been collected, the amount, distribution,
and format of the information, and the method
of storage. More sensitive information should
be safeguarded by a higher level of protection.
The concept of sensitivity is discussed in
Clause 4.3.4.
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4.7.3
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The methods of protection should include
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(a) physical measures, for example, locked
filing cabinets and restricted access to
offices; |
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(b) organizational measures, for example, security
clearances and limiting access on a ``need-to-know''
basis; and |
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(c) technological measures, for example, the
use of passwords and encryption. |
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4.7.4
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Organizations shall make their employees
aware of the importance of maintaining the
confidentiality of personal information.
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4.7.5
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Care shall be used in the disposal or destruction
of personal information, to prevent unauthorized
parties from gaining access to the information
(see Clause 4.5.3).
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4.8 Principle 8 - Openness
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An organization shall make readily available
to individuals specific information about
its policies and practices relating to the
management of personal information.
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4.8.1
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Organizations shall be open about their policies
and practices with respect to the management
of personal information. Individuals shall
be able to acquire information about an organization's
policies and practices without unreasonable
effort. This information shall be made available
in a form that is generally understandable.
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4.8.2
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The information made available shall include
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(a) the name or title, and the address, of
the person who is accountable for the organization's
policies and practices and to whom complaints
or inquiries can be forwarded; |
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(b) the means of gaining access to personal
information held by the organization; |
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(c) a description of the type of personal information
held by the organization, including a general
account of its use; |
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(d) a copy of any brochures or other information
that explain the organization's policies,
standards, or codes; and |
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(e) what personal information is made available
to related organizations (e.g., subsidiaries). |
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4.8.3
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An organization may make information on its
policies and practices available in a variety
of ways. The method chosen depends on the
nature of its business and other considerations.
For example, an organization may choose to
make brochures available in its place of
business, mail information to its customers,
provide online access, or establish a toll-free
telephone number.
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4.9 Principle 9 - Individual Access
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Upon request, 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
shall be able to challenge the accuracy and
completeness of the information and have
it amended as appropriate.
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Note: In certain situations, an organization
may not be able to provide access to all
the personal information it holds about an
individual. Exceptions to the access requirement
should be limited and specific. The reasons
for denying access should be provided to
the individual upon request. Exceptions may
include information that is prohibitively
costly to provide, information that contains
references to other individuals, information
that cannot be disclosed for legal, security,
or commercial proprietary reasons, and information
that is subject to solicitor-client or litigation
privilege.
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4.9.1
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Upon request, an organization shall inform
an individual whether or not the organization
holds personal information about the individual.
Organizations are encouraged to indicate
the source of this information. The organization
shall allow the individual access to this
information. However, the organization may
choose to make sensitive medical information
available through a medical practitioner.
In addition, the organization shall provide
an account of the use that has been made
or is being made of this information and
an account of the third parties to which
it has been disclosed.
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4.9.2
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An individual may be required to provide
sufficient information to permit an organization
to provide an account of the existence, use,
and disclosure of personal information. The
information provided shall only be used for
this purpose.
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4.9.3
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In providing an account of third parties
to which it has disclosed personal information
about an individual, an organization should
attempt to be as specific as possible. When
it is not possible to provide a list of the
organizations to which it has actually disclosed
information about an individual, the organization
shall provide a list of organizations to
which it may have disclosed information about
the individual.
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4.9.4
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An organization shall respond to an individual's
request within a reasonable time and at minimal
or no cost to the individual. The requested
information shall be provided or made available
in a form that is generally understandable.
For example, if the organization uses abbreviations
or codes to record information, an explanation
shall be provided.
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4.9.5
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When an individual successfully demonstrates
the inaccuracy or incompleteness of personal
information, the organization shall amend
the information as required. Depending upon
the nature of the information challenged,
amendment involves the correction, deletion,
or addition of information. Where appropriate,
the amended information shall be transmitted
to third parties having access to the information
in question.
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4.9.6
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When a challenge is not resolved to the satisfaction
of the individual, the substance of the unresolved
challenge shall be recorded by the organization.
When appropriate, the existence of the unresolved
challenge shall be transmitted to third parties
having access to the information in question.
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4.10 Principle 10 - Challenging Compliance
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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
compliance.
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4.10.1
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The individual accountable for an organization's
compliance is discussed in Clause 4.1.1.
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4.10.2
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Organizations shall put procedures in place
to receive and respond to complaints or inquiries
about their policies and practices relating
to the handling of personal information.
The complaint procedures should be easily
accessible and simple to use.
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4.10.3
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Organizations shall inform individuals who
make inquiries or lodge complaints of the
existence of relevant complaint procedures.
A range of these procedures may exist. For
example, some regulatory bodies accept complaints
about the personal-information handling practices
of the companies they regulate.
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4.10.4 |
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4.1 Principle 1 - Accountability
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An organization is responsible for personal
information under its control and shall designate
an individual or individuals who are accountable
for the organization's compliance with
the following principles.
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4.1.1
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Accountability for the organization's
compliance with the principles rests with
the designated individual(s), even though
other individuals within the organization
may be responsible for the day-to-day collection
and processing of personal information. In
addition, other individuals within the organization
may be delegated to act on behalf of the
designated individual(s).
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4.1.2
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The identity of the individual(s) designated
by the organization to oversee the organization's
compliance with the principles shall be made
known upon request.
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4.1.3
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An organization is responsible for personal
information in its possession or custody,
including information that has been transferred
to a third party for processing. The organization
shall use contractual or other means to provide
a comparable level of protection while the
information is being processed by a third
party.
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4.1.4
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Organizations shall implement policies and
practices to give effect to the principles,
including
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(a) implementing procedures to protect personal
information; |
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(b) establishing procedures to receive and
respond to complaints and inquiries; |
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(c) training staff and communicating to staff
information about the organization's
policies and practices; and |
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(d) developing information to explain the organization's
policies and procedures. |
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4.2 Principle 2 - Identifying Purposes
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The purposes for which personal information
is collected shall be identified by the organization
at or before the time the information is
collected.
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4.2.1
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The organization shall document the purposes
for which personal information is collected
in order to comply with the Openness principle
(Clause 4.8) and the Individual Access principle
(Clause 4.9).
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4.2.2
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Identifying the purposes for which personal
information is collected at or before the
time of collection allows organizations to
determine the information they need to collect
to fulfil these purposes. The Limiting Collection
principle (Clause 4.4) requires an organization
to collect only that information necessary
for the purposes that have been identified.
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4.2.3
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The identified purposes should be specified
at or before the time of collection to the
individual from whom the personal information
is collected. Depending upon the way in which
the information is collected, this can be
done orally or in writing. An application
form, for example, may give notice of the
purposes.
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4.2.4
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When personal information that has been collected
is to be used for a purpose not previously
identified, the new purpose shall be identified
prior to use. Unless the new purpose is required
by law, the consent of the individual is
required before information can be used for
that purpose. For an elaboration on consent,
please refer to the Consent principle (Clause
4.3).
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4.2.5
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Persons collecting personal information should
be able to explain to individuals the purposes
for which the information is being collected.
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4.2.6
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This principle is linked closely to the Limiting
Collection principle (Clause 4.4) and the
Limiting Use, Disclosure, and Retention principle
(Clause 4.5).
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4.3 Principle 3 - Consent
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The knowledge and consent of the individual
are required for the collection, use, or
disclosure of personal information, except
where inappropriate.
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Note: In certain circumstances personal information
can be collected, used, or disclosed without
the knowledge and consent of the individual.
For example, legal, medical, or security
reasons may make it impossible or impractical
to seek consent. When information is being
collected for the detection and prevention
of fraud or for law enforcement, seeking
the consent of the individual might defeat
the purpose of collecting the information.
Seeking consent may be impossible or inappropriate
when the individual is a minor, seriously
ill, or mentally incapacitated. In addition,
organizations that do not have a direct relationship
with the individual may not always be able
to seek consent. For example, seeking consent
may be impractical for a charity or a direct-marketing
firm that wishes to acquire a mailing list
from another organization. In such cases,
the organization providing the list would
be expected to obtain consent before disclosing
personal information.
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4.3.1
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Consent is required for the collection of
personal information and the subsequent use
or disclosure of this information. Typically,
an organization will seek consent for the
use or disclosure of the information at the
time of collection. In certain circumstances,
consent with respect to use or disclosure
may be sought after the information has been
collected but before use (for example, when
an organization wants to use information
for a purpose not previously identified).
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4.3.2
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The principle requires ``knowledge and consent''.
Organizations shall make a reasonable effort
to ensure that the individual is advised
of the purposes for which the information
will be used. To make the consent meaningful,
the purposes must be stated in such a manner
that the individual can reasonably understand
how the information will be used or disclosed.
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4.3.3
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An organization shall not, as a condition
of the supply of a product or service, require
an individual to consent to the collection,
use, or disclosure of information beyond
that required to fulfil the explicitly specified,
and legitimate purposes.
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4.3.4
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The form of the consent sought by the organization
may vary, depending upon the circumstances
and the type of information. In determining
the form of consent to use, organizations
shall take into account the sensitivity of
the information. Although some information
(for example, medical records and income
records) is almost always considered to be
sensitive, any information can be sensitive,
depending on the context. For example, the
names and addresses of subscribers to a newsmagazine
would generally not be considered sensitive
information. However, the names and addresses
of subscribers to some special-interest magazines
might be considered sensitive.
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4.3.5
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In obtaining consent, the reasonable expectations
of the individual are also relevant. For
example, an individual buying a subscription
to a magazine should reasonably expect that
the organization, in addition to using the
individual's name and address for mailing
and billing purposes, would also contact
the person to solicit the renewal of the
subscription. In this case, the organization
can assume that the individual's request
constitutes consent for specific purposes.
On the other hand, an individual would not
reasonably expect that personal information
given to a health-care professional would
be given to a company selling health-care
products, unless consent were obtained. Consent
shall not be obtained through deception.
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4.3.6
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The way in which an organization seeks consent
may vary, depending on the circumstances
and the type of information collected. An
organization should generally seek express
consent when the information is likely to
be considered sensitive. Implied consent
would generally be appropriate when the information
is less sensitive. Consent can also be given
by an authorized representative (such as
a legal guardian or a person having power
of attorney).
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4.3.7
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Individuals can give consent in many ways.
For example:
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(a) an application form may be used to seek
consent, collect information, and inform
the individual of the use that will be made
of the information. By completing and signing
the form, the individual is giving consent
to the collection and the specified uses; |
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(b) a checkoff box may be used to allow individuals
to request that their names and addresses
not be given to other organizations. Individuals
who do not check the box are assumed to consent
to the transfer of this information to third
parties; |
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(c) consent may be given orally when information
is collected over the telephone; or |
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(d) consent may be given at the time that individuals
use a product or service. |
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4.3.8
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An individual may withdraw consent at any
time, subject to legal or contractual restrictions
and reasonable notice. The organization shall
inform the individual of the implications
of such withdrawal.
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4.4 Principle 4 - Limiting Collection
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The collection of personal information shall
be limited to that which is necessary for
the purposes identified by the organization.
Information shall be collected by fair and
lawful means.
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4.4.1
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Organizations shall not collect personal
information indiscriminately. Both the amount
and the type of information collected shall
be limited to that which is necessary to
fulfil the purposes identified. Organizations
shall specify the type of information collected
as part of their information-handling policies
and practices, in accordance with the Openness
principle (Clause 4.8).
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4.4.2
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The requirement that personal information
be collected by fair and lawful means is
intended to prevent organizations from collecting
information by misleading or deceiving individuals
about the purpose for which information is
being collected. This requirement implies
that consent with respect to collection must
not be obtained through deception.
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4.4.3
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This principle is linked closely to the Identifying
Purposes principle (Clause 4.2) and the Consent
principle (Clause 4.3).
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4.5 Principle 5 - Limiting Use, Disclosure,
and Retention
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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 fulfilment of
those purposes.
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4.5.1
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Organizations using personal information
for a new purpose shall document this purpose
(see Clause 4.2.1).
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4.5.2
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Organizations should develop guidelines and
implement procedures with respect to the
retention of personal information. These
guidelines should include minimum and maximum
retention periods. Personal information that
has been used to make a decision about an
individual shall be retained long enough
to allow the individual access to the information
after the decision has been made. An organization
may be subject to legislative requirements
with respect to retention periods.
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4.5.3
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Personal information that is no longer required
to fulfil the identified purposes should
be destroyed, erased, or made anonymous.
Organizations shall develop guidelines and
implement procedures to govern the destruction
of personal information.
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4.5.4
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This principle is closely linked to the Consent
principle (Clause 4.3), the Identifying Purposes
principle (Clause 4.2), and the Individual
Access principle (Clause 4.9).
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4.6 Principle 6 - Accuracy
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Personal information shall be as accurate,
complete, and up-to-date as is necessary
for the purposes for which it is to be used.
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4.6.1
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The extent to which personal information
shall be accurate, complete, and up-to-date
will depend upon the use of the information,
taking into account the interests of the
individual. Information shall be sufficiently
accurate, complete, and up-to-date to minimize
the possibility that inappropriate information
may be used to make a decision about the
individual.
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4.6.2
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An organization shall not routinely update
personal information, unless such a process
is necessary to fulfil the purposes for which
the information was collected.
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4.6.3
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Personal information that is used on an ongoing
basis, including information that is disclosed
to third parties, should generally be accurate
and up-to-date, unless limits to the requirement
for accuracy are clearly set out.
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4.7 Principle 7 - Safeguards
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Personal information shall be protected by
security safeguards appropriate to the sensitivity
of the information.
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4.7.1
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The security safeguards shall protect personal
information against loss or theft, as well
as unauthorized access, disclosure, copying,
use, or modification. Organizations shall
protect personal information regardless of
the format in which it is held.
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4.7.2
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The nature of the safeguards will vary depending
on the sensitivity of the information that
has been collected, the amount, distribution,
and format of the information, and the method
of storage. More sensitive information should
be safeguarded by a higher level of protection.
The concept of sensitivity is discussed in
Clause 4.3.4.
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4.7.3
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The methods of protection should include
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(a) physical measures, for example, locked
filing cabinets and restricted access to
offices; |
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(b) organizational measures, for example, security
clearances and limiting access on a ``need-to-know''
basis; and |
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(c) technological measures, for example, the
use of passwords and encryption. |
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4.7.4
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Organizations shall make their employees
aware of the importance of maintaining the
confidentiality of personal information.
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4.7.5
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Care shall be used in the disposal or destruction
of personal information, to prevent unauthorized
parties from gaining access to the information
(see Clause 4.5.3).
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4.8 Principle 8 - Openness
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An organization shall make readily available
to individuals specific information about
its policies and practices relating to the
management of personal information.
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4.8.1
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Organizations shall be open about their policies
and practices with respect to the management
of personal information. Individuals shall
be able to acquire information about an organization's
policies and practices without unreasonable
effort. This information shall be made available
in a form that is generally understandable.
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4.8.2
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The information made available shall include
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(a) the name or title, and the address, of
the person who is accountable for the organization's
policies and practices and to whom complaints
or inquiries can be forwarded; |
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(b) the means of gaining access to personal
information held by the organization; |
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(c) a description of the type of personal information
held by the organization, including a general
account of its use; |
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(d) a copy of any brochures or other information
that explain the organization's policies,
standards, or codes; and |
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(e) what personal information is made available
to related organizations (e.g., subsidiaries). |
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4.8.3
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An organization may make information on its
policies and practices available in a variety
of ways. The method chosen depends on the
nature of its business and other considerations.
For example, an organization may choose to
make brochures available in its place of
business, mail information to its customers,
provide online access, or establish a toll-free
telephone number.
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4.9 Principle 9 - Individual Access
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Upon request, 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
shall be able to challenge the accuracy and
completeness of the information and have
it amended as appropriate.
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Note: In certain situations, an organization
may not be able to provide access to all
the personal information it holds about an
individual. Exceptions to the access requirement
should be limited and specific. The reasons
for denying access should be provided to
the individual upon request. Exceptions may
include information that is prohibitively
costly to provide, information that contains
references to other individuals, information
that cannot be disclosed for legal, security,
or commercial proprietary reasons, and information
that is subject to solicitor-client or litigation
privilege.
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4.9.1
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Upon request, an organization shall inform
an individual whether or not the organization
holds personal information about the individual.
Organizations are encouraged to indicate
the source of this information. The organization
shall allow the individual access to this
information. However, the organization may
choose to make sensitive medical information
available through a medical practitioner.
In addition, the organization shall provide
an account of the use that has been made
or is being made of this information and
an account of the third parties to which
it has been disclosed.
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4.9.2
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An individual may be required to provide
sufficient information to permit an organization
to provide an account of the existence, use,
and disclosure of personal information. The
information provided shall only be used for
this purpose.
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4.9.3
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In providing an account of third parties
to which it has disclosed personal information
about an individual, an organization should
attempt to be as specific as possible. When
it is not possible to provide a list of the
organizations to which it has actually disclosed
information about an individual, the organization
shall provide a list of organizations to
which it may have disclosed information about
the individual.
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4.9.4
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An organization shall respond to an individual's
request within a reasonable time and at minimal
or no cost to the individual. The requested
information shall be provided or made available
in a form that is generally understandable.
For example, if the organization uses abbreviations
or codes to record information, an explanation
shall be provided.
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4.9.5
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When an individual successfully demonstrates
the inaccuracy or incompleteness of personal
information, the organization shall amend
the information as required. Depending upon
the nature of the information challenged,
amendment involves the correction, deletion,
or addition of information. Where appropriate,
the amended information shall be transmitted
to third parties having access to the information
in question.
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4.9.6
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When a challenge is not resolved to the satisfaction
of the individual, the substance of the unresolved
challenge shall be recorded by the organization.
When appropriate, the existence of the unresolved
challenge shall be transmitted to third parties
having access to the information in question.
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4.10 Principle 10 - Challenging Compliance
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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
compliance.
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4.10.1
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The individual accountable for an organization's
compliance is discussed in Clause 4.1.1.
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4.10.2
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Organizations shall put procedures in place
to receive and respond to complaints or inquiries
about their policies and practices relating
to the handling of personal information.
The complaint procedures should be easily
accessible and simple to use.
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4.10.3
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Organizations shall inform individuals who
make inquiries or lodge complaints of the
existence of relevant complaint procedures.
A range of these procedures may exist. For
example, some regulatory bodies accept complaints
about the personal-information handling practices
of the companies they regulate.
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4.10.4 |
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PRINCIPLES SET OUT IN THE NATIONAL STANDARD
OF CANADA ENTITLED MODEL CODE FOR THE PROTECTION
OF PERSONAL INFORMATION, CAN/CSA-Q830-96 |
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4.1 Principle 1 - Accountability |
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An organization is responsible for personal
information under its control and shall designate
an individual or individuals who are accountable
for the organization's compliance with
the following principles. |
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4.1.1 |
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Accountability for the organization's
compliance with the principles rests with
the designated individual(s), even though
other individuals within the organization
may be responsible for the day-to-day collection
and processing of personal information. In
addition, other individuals within the organization
may be delegated to act on behalf of the
designated individual(s). |
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4.1.2 |
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The identity of the individual(s) designated
by the organization to oversee the organization's
compliance with the principles shall be made
known upon request. |
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4.1.3 |
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An organization is responsible for personal
information in its possession or custody,
including information that has been transferred
to a third party for processing. The organization
shall use contractual or other means to provide
a comparable level of protection while the
information is being processed by a third
party.
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The identified purposes should be specified
at or before the time of collection to the
individual from whom the personal information
is collected. Depending upon the way in which
the information is collected, this can be
done orally or in writing. An application
form, for example, may give notice of the
purposes. |
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4.2.4 |
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When personal information that has been collected
is to be used for a purpose not previously
identified, the new purpose shall be identified
prior to use. Unless the new purpose is required
by law, the consent of the individual is
required before information can be used for
that purpose. For an elaboration on consent,
please refer to the Consent principle (Clause
4.3). |
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4.2.5 |
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Persons collecting personal information should
be able to explain to individuals the purposes
for which the information is being collected.
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4.2.6 |
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This principle is linked closely to the Limiting
Collection principle (Clause 4.4) and the
Limiting Use, Disclosure, and Retention principle
(Clause 4.5). |
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4.3 Principle 3 - Consent |
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The knowledge and consent of the individual
are required for the collection, use, or
disclosure of personal information, except
where inappropriate. |
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The principle requires ``knowledge and consent''.
Organizations shall make a reasonable effort
to ensure that the individual is advised
of the purposes for which the information
will be used. To make the consent meaningful,
the purposes must be stated in such a manner
that the individual can reasonably understand
how the information will be used or disclosed.
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4.3.3 |
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An organization shall not, as a condition
of the supply of a product or service, require
an individual to consent to the collection,
use, or disclosure of information beyond
that required to fulfil the explicitly specified,
and legitimate purposes. |
WHAT WE HAVE DISPLAYED HERE IN TEXT IS A
VERY SMALL PORTION OF WHAT IT IS THAT YOU
MUST DO TO COMPLY WITH THE PRIVACY LAWS.
READING IT IS LIKE A GOVERNMENT MANUAL AND
MANY MANY PEOPLE, ADMINISTRATORS, COMPANY
OWNERS JUST DO NOT UNDERSTAND WHAT "COMPLIANCE
MEANS". WE ARE HERE TO SHOW YOU
BEFORE PROBLEMS BECOME IMINENT TO YOU AND
YOUR BUSINESS. EMAIL US FOR HELP OR
CALL THE COSTS FAR OUTWEIGHT THE RISKS AND
FINES. CALL 519-216-7333 OR EMAIL US AT CANADIANAPLINC@YAHOO.CA |
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