OUR PRACTICE

PRIVACY POLICY

CONTACT US

Your Privacy Rights

The Personal Information Protection Act ("the Act") regulates the way private sector organizations within British Columbia collect, use, keep, secure and disclose personal information. "Personal Information" means all information about an identifiable individual. McGrady & Company recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of our legal practice.

We recognize our professional obligation to maintain the confidentiality of our clients’ information, and recognize our obligations concerning the personal information that we collect, use or disclose in our practice. This policy, which outlines how we manage your personal information and safeguard your privacy, has been developed with those obligations in mind.

TOP

In order to be able to give legal advice to our clients, we need access to all relevant facts and information that relate to our retainer and to the representation of our clients. This information will necessarily include personal information about our clients and about individuals other than our clients.

TOP

Where practical, we endeavour to collect personal information directly from the person to whom the information pertains. When necessary, we will collect personal information from other sources.

By retaining McGrady & Company for legal advice or representation, an individual consents to our necessary collection, use or disclosure of the individual’s personal information in order to properly advise and represent the individual.

TOP

It is our policy to collect personal information about individuals other than our clients in accordance with the provisions of the Personal Information Protection Act.

The Act deems that an individual has consented to our collection, use or disclosure of personal information about that individual if, at the time the consent is deemed to be given, the purpose would be considered obvious to a reasonable person. In such circumstances, we will collect, use or disclose personal information without obtaining a written or verbal consent to do so.

The Act also permits us to collect, use or disclose personal information about an individual in some circumstances without the individual’s consent. Those include (but are not limited to) circumstances in which:

• the collection, use or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way;

• it is reasonable to expect that the collection or use of personal information with the consent of the individual would compromise the availability or accuracy of the information, and the collection or use of the information is necessary for an investigation or proceeding;

• it is reasonable to expect that the disclosure of personal information with the consent of the individual would compromise an investigation or proceeding, and the disclosure of the information is necessary for an investigation or proceeding;

• the personal information is available to the public from a prescribed source;

• the collection, use or disclosure of personal information is required or authorized by law.

When we collect, use or disclose personal information, we will make all reasonable efforts to ensure that it is accurate and complete.

TOP

Under certain circumstances, McGrady & Company will disclose your personal information:

• when we are required or authorized by law to do so, for example if a court issues a subpoena;

• when you have consented to the disclosure;

• when the legal services we are providing to you requires us to give your information to third parties your consent will be implied, unless you tell us otherwise;

• where it is necessary to establish or collect fees;

• if we engage a third party to provide administrative services to us (like computer back-up services or archival file storage) and the third party is bound by our privacy policy;

• if we engage expert witnesses on your behalf;

• if we retain other law firms in other jurisdictions, on your behalf;

• if the information is already publicly known.

TOP

You may ask us for any personal information we hold about you and we will make a reasonable effort to assist and respond as accurately and completely as reasonably possible. All requests may be subject to our normal professional fees and disbursements.

Your ability to access your personal information under our control is not absolute. The Act provides that we must not disclose personal information when:

• the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;

• the disclosure can reasonably be expected to cause immediate or grave harm to the safety or to the physical or mental health of the individual who made the request;

• the disclosure would reveal personal information about another individual;

• the disclosure would reveal the identity of an individual who has provided personal information about another individual and the individual providing the personal information does not consent to disclosure of his or her identity.

The Act further provides that we are not required to disclose personal information when:

• the personal information is protected by solicitor-client privilege;

• the personal information was collected without consent for the purposes of an investigation, and the investigation and associated proceedings and appeals have not been completed;

• the personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act:

1. under a collective agreement,

(ii) under an enactment, or

2. by a court.

Since we use your personal information to provide legal services to you, it is important that the information be accurate and up-to-date.

If during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes.

If it is established that McGrady & Company holds information about you that is not accurate, complete and up-to-date, we will take reasonable steps to correct it.

TOP

We recognize our professional and legal obligations to protect the confidential information of our clients. We recognize as well our legal obligations to protect the personal information we have gathered about our clients and about other individuals during the course of our practice of law.

We have therefore made arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information.

You should be aware that e-mail is not a 100% secure medium, and you should be aware of this when contacting us to send personal or confidential information.

TOP

If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact our Privacy Officer in writing at:

McGrady & Company Privacy Officer

Box 12101, Nelson Square, #1105 - 808 Nelson Street

Vancouver, British Columbia V6Z 2H2

If you are dissatisfied with our handling of your personal information, we invite you to contact our Privacy Officer in writing, setting out the reasons for your concern. If, after our Privacy Officer has reviewed and responded to your concern, you remain dissatisfied, you may wish to contact the Office of the Information and Privacy Commissioner at:

P.O. Box 9038, Stn Prov Govt
Victoria; BC V8W 9A4
Telephone (250) 387-5629
Fax (250) 387-1696

TOP