Last Updated: August 4, 2020
- Identify purposes of collection and obtain consent. Before collecting any personal information from anyone, explain to them why and how Anipet wishes to collect and use their personal information, including to whom the information may be disclosed. Then, obtain consent to the collection, use and disclosure the personal information. The safest and most reliable way to obtain consent is in writing, signed by the individual whose personal information will be collected, used or disclosed.
In many provinces, Anipet is not required to obtain consent from its employees regarding the collection, use and disclosure of their personal information; as long as those collections, uses and disclosures are reasonable for establishing, managing or terminating their employment relationship. However, some provinces still require Anipet to give employees written notice of the purposes for which Anipet will collect, use and disclose employee personal information. Please let me know if you need any help with this.
- Limit collection, use and disclosure. Do not collect, use or disclose personal information for any purpose unless you have received consent to do so (or unless otherwise permitted or required by law). Also, do not collect, use or disclose more information than is reasonably necessary under the circumstances.
- Destroy information. Destroy personal information once it is no longer needed for the purposes for which it was collected. The exception is that when Anipet uses information to make a decision about an individual, Anipet must retain the information for as long as necessary to allow the individual to exhaust any recourse they may have under the legislation, and in many cases, at least a year.
- Ensure accuracy. Ensure that Anipet’s records of each individual’s personal information are kept accurate and complete. Also, allow any individual to challenge the accuracy of his or her personal information, and correct any inaccuracies upon request of the individual.
- Provide access. Tell an individual about the existence, use and disclosure of his or her personal information, upon request. Give the individual access to such information, (with some qualifications: e.g., Anipet must not disclose information including another individual unless that individual has consented). Provide the information in a clear and understandable format as soon as possible after the request, but no later than 30 days thereafter. Anipet must do so at little or no cost to the requesting individual.
- Protect information. Protect personal information from unauthorized access and disclosure. The required level of protection varies with the sensitivity of the information. For example, sensitive health or family information should be strongly protected (e.g. by storing such information in locked filing cabinets, restricting access to the information and, when electronically stored, by using technological protections such as password and encryption).
- Breach Reporting: Obtain legal advice if there is a privacy breach. Many provinces have now have mandatory breach reporting laws which apply to certain types of privacy breaches.
- Notify Individuals. Notify individuals if Anipet will be storing their personal information outside of Canada or providing the information to a service provider that is located outside of Canada or that is subject to the jurisdiction of a country other than Canada. Have policies regarding the transfer of personal information outside of Canada and about the collection, use, disclosure or storage of personal information by Anipet or its foreign service providers.
- Appoint a Privacy Compliance Officer. Designate a person who will be accountable for Anipet’s privacy matters. This person will manage inquiries and complaints from employees and the public. This person’s name and contact information must be made available to the public upon request.
- Quebec. There may be some differences regarding your privacy obligations in Quebec. You will likely also need to translate the policy into French for use in Quebec. One of our Montreal lawyers can help you with this if you wish.