Your Privacy Rights
From January 1, 2004, all businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act and the Canadian Standards Association Model Code for the Protection of Personal Information, which it incorporates. These obligations extend to lawyers, law firms and law practices, including Horowitz Injury Law. The Act gives you rights concerning the privacy of your personal information.
Horowitz Injury Law is responsible for the personal information we collect and hold. To ensure this accountability, we have developed this policy, and trained our staff about our policies and practices.
Why Does Horowitz Injury Law Need Personal Information?
Horowitz Injury Law provides legal services to a wide range of clients. If we did not collect and use your personal information we could not provide you with legal services.
What personal information do we collect?
Personal information is any information that identifies you, or by which your identity could be deduced.
How do we collect your personal information?
We collect information only by lawful and fair means and not in an unreasonably intrusive way.
Wherever possible we collect your personal information directly from you, at the start of a retainer and in the course of our representation.
Sometimes we may obtain information about you from other sources: for example,
- Your insurance company;
- Your treating health practitioners;
- From a government agency or registry;
- Your employer;
- Your accountant.
In most cases, we shall ask you to specifically consent, if we collect, use, or disclose your personal information. Normally, we ask for your consent in writing, but in some circumstances, we may accept your oral consent. Sometimes, your consent may be implied through your conduct with us.
Use of Your Information
We use your personal information primarily to provide legal advice and services to you or to administer our client (time and billing) databases.
Disclosure of your Personal Information
Under certain circumstances, Horowitz Injury Law 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 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 expert witnesses on your behalf;
- If we retain other law firms in other jurisdictions, on your behalf;
- If the information is already publicly known.
Updating Your Information
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.
Is My Personal Information Secure?
Horowitz Injury Law takes all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect your information are:
- Premises security;
- Restricted file access to personal information;
- Deploying technological safeguards like security software and firewalls
to prevent hacking or unauthorized computer access;
- Internal password and security policies.
Access to Your Personal Information
You may ask for access to any personal information we hold about you.
Summary information is available on request. More detailed requests which require archive or other retrieval costs may be subject to our normal professional and disbursement fees.
If Horowitz Injury Law holds information about you and you can establish that it is not accurate, complete and up-to-date, Horowitz Injury Law will take reasonable steps to correct it.
Can I be Denied Access to My Personal Information?
Your rights to access your personal information are not absolute.
We may deny access when:
- Denial of access is required or authorized by law (for example, when a record containing personal information about you is subject to a claim of legal professional privilege by one of our clients);
- Information relates to existing or anticipated legal proceedings against you;
- When granting you access would have an unreasonable impact on other people’s privacy;
- When to do so would prejudice negotiations with you;
- To protect our firm’s rights and property;
- Where the request is frivolous or vexatious.
- If we deny your request for access to, or refuse a request to correct information, we shall explain why.
Can I request anonymity?
Whenever it is legal and practicable, we may offer the opportunity to deal with general inquiries without providing your name (for example, by accessing general information on our website).
Certain laws require us to confirm the identity of our clients. It may also require us to disclose information to FINTRAC in relation to certain large cash transactions.
To help us make credit decisions about clients, prevent fraud, confirm the identity of new clients and prevent money-laundering, we may on occasion, request information about you from the files of consumer reporting agencies.
Communicating with Us
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.
Requests for Access
If you have any questions, or wish to access your personal information, please write to us at:
If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at:
112 Kent Street
Ottawa, ON K1A 1H3