TRAM Privacy Policy PIPEDA
PERSONAL INFORMATION PROTECTION POLICY
Telephone Retirees Association of Manitoba - TRAM
June 2011
The Telephone Retirees Association of Manitoba (TRAM) has created this Privacy Policy to comply with Canada’s Personal Information Protection and Electronic Document Act (“PIPEDA”) in order to demonstrate its commitment to the privacy of its membership. This Policy Statement explains TRAM’s practices with respect to the collection, use, retention, security, disclosure and disposal of a member’s personal information.
For the purposes of this Privacy Policy the term “personal information” means information about an identifiable individual, in any form such as:
- Name, ID numbers, address, home phone number, email address;
- Dues, length of membership, member files, membership status.
The term “personal information” does not include information that does not identify specific individuals, such as aggregate statistics or anonymous data.
This Privacy Policy does not apply to publicly available information.
TRAM will conduct periodic reviews of this Privacy Policy to make sure that it remains current with evolving member expectations.
TRAM fully supports the principals of the Personal Information Protection and Electronic Documents Act and its ten privacy principals as follows:
1. Accountability
TRAM is responsible for personal information under its control and shall designate an individual or individuals who are accountable for TRAM’s compliance with the applicable Privacy Legislation. TRAM’s Privacy Officer is listed under paragraph 10 of this policy statement.
2. Identifying Purposes
TRAM collects, uses, obtains and discloses information about our members for the following purposes:
- To manage communication on a regular basis with our members regarding pension matters such as before the Pension Lawsuit;
- To fulfill our agreements/commitments with our members;
- For internal purposes such as check-off matters;
- To operate/manage and organize our business, including maintaining accounting records; and
- For any other purpose or issues that TRAM pursues on behalf of our members; such as Blue Cross improvements.
We do not sell, rent or authorize access to any personal information, collected about or from our members, to third parties.
Information collected in the context of our member/association relationship is ordinarily available to TRAM when reasonably required for any and all of the purposes listed above.
3. Consent
TRAM will collect, use, retain and disclose personal information about our members only with their knowledge and consent. The type of knowledge and consent required will vary according to the sensitivity of the information. Subsequent use of member personal information will also require the knowledge and consent of the member.
At all times, TRAM will take reasonable steps to ensure that a member, for whom information is being collected, understands the intended use of the same.
The personal information collected by TRAM will only be that information which is required for the representation of an individual by TRAM. Consent can be obtained explicitly (as in the case of sensitive or highly sensitive information) or implied (as in the case of less sensitive information). The way in which consent is obtained will vary depending on the sensitivity of the personal information being collected. A member’s consent can be given in several ways by such individual:
- Application forms (which give the individual the opportunity to provide consent to the collection for specified purposes);
- Orally (over the phone);
- Orally (in person).
TRAM can collect personal information about a member without the knowledge or consent of the member only if the collection of such information is clearly in the interests of the members and consents cannot be obtained quickly.
Personal information can be collected by TRAM about a member without consent if:
- Collection of personal information without the consent of the member can be done when the collection is only for journalistic, artistic or literary purposes.
- Collection of personal information without the consent of the member can be done when the information is already publicly available and specified by the regulations of “PIPEDA”.
In relation to information identified by TRAM in the course of carrying out its business activities, TRAM becomes aware that the member has broken the law or is about to break the law; personal information may be used to assist in an investigation. The laws affected can be the laws of Canada, of a Province or Territory, or of a foreign jurisdiction. The grounds for making this kind of determination must be reasonable.
TRAM will use personal information of a member, without the individual’s consent; if the information is being used with respect to an emergency threatening an individual’s life, health or security.
TRAM can use personal information about a member if it has been collected and the collection is in the interests of the member and consent cannot be obtained quickly.
Disclosure of personal information without the consent of the member can be done when the matter is a case of law or of law enforcement. This includes disclosing personal information:
- To government or government agents, or a government institution (or part of an institution);
- In an emergency;
- For statistical or scholarly research;
- If the information is publicly available;
- If it is required by law.
If you wish to expand, narrow or withdraw your authorization to our collection, use or disclosure of your information, TRAM will ordinarily record your request and honour it, provided we have reasonable notice and can do so lawfully.
TRAM has an ongoing process which allows us to re-verify personal information of members on a regular basis, as is appropriate. TRAM does not make any assumption as to continued accuracy of personal information, which has been provided by a member (e.g. home address).
All members are asked periodically to re-verify their personal information and if we do not receive a reply to a request for verification, TRAM will assume that our records of personal information are accurate.
Members may withdraw consent at any time. Withdrawal is subject to reasonable notice provided by the member to TRAM. TRAM is responsible for notifying the member of any implications resulting from the withdrawal of consent. Withdrawal of consent is also subject to legal or contractual restrictions, where applicable.
4. Limited Collection
Collection of personal information is limited to that which is required to fulfill the purposes outlined in Section 2 above (“Identifying Purposes”), which we may change from time to time. Any use of personal information, by TRAM for any purpose other than the one identified at the time of collection requires the consent of the member, unless it is required by law or in situations hereinbefore set forth, (paragraph 3 - Consent).
5. Limited Use, Disclosure and Retention
TRAM will only retain personal information for as long as is reasonably necessary. Personal information shall not be disclosed for purposes other than those for which it was collected, except with the consent of the individual, or when it is reasonably necessary for us to have personal information to respond to any issues arising out of our relationship that may need to be addressed at a later date, or for matters set forth in paragraph 3 - Consent. Personal information shall be retained only as is necessary for the fulfillment of those purposes.
TRAM may provide personal information to other persons only:
- When we have a member’s consent, whether express or implied;
- To our legal council who assist us, and whom we can reasonably trust to respect privacy;
- When we are required or permitted by law to do so, or when we need to disclose the information to protect the interest of TRAM in the context of a legal or administrative proceeding;
- When the life, health and security of the member is threatened; or
- In regard to matters set forth in paragraph 3 - Consent.
6. Accuracy
TRAM makes reasonable efforts to keep personal information as accurate, complete and up-to-date as necessary for the purposes for which it is used. If a member finds any errors in the personal information, which we have about him/her, he/she must let us know and we will make the appropriate corrections and make sure they are conveyed to anyone we may have misinformed. For personal information that remains in dispute, we will make a note of a member’s opinion in our records.
7. Safeguards
Security safeguards appropriate to the sensitivity of the information shall protect the personal information. TRAM will ensure that all personal documents and related information are stored in a safe and secure manner. Only authorized representatives of TRAM can access stored electronic information.
Our legal councils, as part of their contract with TRAM, are bound to maintain confidentiality and may not use personal information for any unauthorized purpose. Also, when we provide personal information in response to a legal inquiry we disclose only the information that is legally required.
Certain Executive Board members may have access to general information about our members through our database software program. Access to a member’s information is restricted to certain specified individuals who require that information for TRAM purposes.
Computer servers that store personal information are kept in a secure environment.
Paper copies of information are kept in a secure environment.
When personal information is no longer reasonably necessary, it will be destroyed, erased or made anonymous, in an appropriate manner, depending upon the nature and source of the personal information.
8. Openness
TRAM’s Personal Information Protection Policy is available to any member requesting it. TRAM’s Privacy Policy is available on our website.
9. Individual Access
Upon request, a member shall be informed of the existence, use or disclosure of his/her personal information and shall be given access to that information. A member shall be able to challenge the accuracy and completeness of the information and have it amended as may be appropriate.
TRAM will respond to a member’s request within thirty (30) days.
Please note that we may not be able to provide personal information about the member from our records if it contains references to other members/persons, is subject to legal privilege, contains information proprietary to TRAM or cannot be disclosed for other legal reasons.
In the case of a disagreement relating to a request for rectification, TRAM retains the right not to make any form of rectification if we can prove that the file does not need to be rectified. TRAM is not required to make any rectification if the information was communicated to TRAM by the member or was collected with the consent of the member.
10. Updating this Privacy Policy
TRAM reserves the right to make reasonable changes to our Privacy Policy from time to time. Substantial changes will only come into effect after they have been implemented for a reasonable length of time. The revised version will be deemed to be an integral part of our agreement with you, as a member.
For More Information
If you have any concerns or questions about privacy and confidentiality - or any concerns about the way a request for personal information was handled - please direct your complaints or inquiries to our Privacy Officer.
Susan Bilyk - Second Vice-President in charge of membership
Telephone Retirees Association of Manitoba - TRAM
P. O. Box 54028, Winnipeg, MB R3J 3Z3
Telephone: (204) 792-3926 Fax: (204) 255-0619
slbilyk@mts.net