We want to make sure that we comply with the new legal obligations imposed by the federal government’s Personal Information Protection and Electronic Documents Act (“PIPEDA“) regarding the collection, use and disclosure of personal information in commercial activities.
SCOPE AND APPLICATION
At the same time, we are still required to comply with our obligations under The Community Child Day Care Standards Act (Manitoba) and the Child Day Care Regulations.
Principle 1 – Accountability
We are responsible for personal information in our possession or under our control.
(b) developing information materials to explain our policies and procedures;
(c) training our employees, independent contractors, directors, therapists, volunteers, work experience students and educational or regulatory observers about our policies and procedures; and
(d) establishing procedures to receive and respond to inquiries or complaints.
Principle 2 – Identifying Purposes for Collection of Personal Information
We will identify the purposes for which personal information is collected at or before the time the information is collected.
2.1 We collect personal information only for the following purposes:
(a) to identify the children in our care and their families, as well as our other constituents;
(b) to establish and maintain responsible relationships with the children in our care and their families, as well as with our other constituents;
(c) to understand, develop and/or enhance the needs, desires, concerns and opinions of the children in our care and their families, as well as our other constituents;
(d) to provide the services expected of a licensed child care facility to the children in our care and their families, all with a view to advancing the goals of our Mission Statement;
(e) to manage and develop our business and operations; and
(f) to meet legal and regulatory requirements.
2.2 When personal information that has been collected is to be used or disclosed for a purpose not previously identified, the new purpose will be identified prior to use. Unless the new purpose is permitted or required by law, consent will be required before the personal information will be used or disclosed for the new purpose.
Principle 3 – Obtaining Consent for Collection, Use or Disclosure of Personal Information
The knowledge and consent of an individual who is an adult or of the parent/legal guardian of a child in our care are required for the collection, use or disclosure of personal information, except where inappropriate.
3.1 In obtaining consent, we will use reasonable efforts to ensure that an individual is advised of the identified purposes for which personal information is being collected and will be used or disclosed. Purposes will be stated in a manner that can be reasonably understood by that individual.
3.2 Generally, we will seek consent to use and disclose personal information at the same time as we collect the information. However, we may seek consent to use and disclose personal information after it has been collected, but before it is used or disclosed for a new purpose.
3.3 In determining the appropriate form of consent, we will take into account the sensitivity of the personal information and the reasonable expectations of the individual (or his/her parents/legal guardians) to whom the personal information relates.
3.4 Consent can be provided in writing, orally or electronically. Consent can be express or it may be implied in appropriate circumstances. Express consent happens whenever there is no doubt that an adult individual has expressly told us, in writing, orally or electronically, that we can collect, use or disclose his/her personal information or that of his/her child(ren). Implied consent happens whenever we can reasonably assume, from an adult individual’s action or inaction, that we have his/her consent to collect, use or disclose his/her personal information or that of his/her child(ren). We will try to obtain express consent whenever it would be reasonable for an individual to assume that we would do so.
3.5 An individual who is an adult or the parent/legal guardian of a child in our care may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Individuals may contact us for more information regarding the implications of withdrawing consent.
3.6 In certain circumstances, personal information can be collected, used or disclosed without the knowledge and consent of the individual (or his/her parents/legal guardians). For example:
(a) if it is clearly in the interests of the individual and consent cannot be obtained in a timely way, such as when the individual is seriously ill or mentally incapacitated;
(b) if seeking the consent of the individual might defeat the purpose for collecting the information, such as in the investigation of a breach of an agreement or a contravention of a federal or provincial law, or that of a foreign jurisdiction;
(c) if there is an emergency where the life, health or security of an individual is threatened; or
(d) if disclosure is to a lawyer representing us, to comply with a subpoena, warrant or other court order, or is otherwise required or authorized by law.
Principle 4 – Limiting Collection of Personal Information
We will limit the collection of personal information to that which is necessary for the purposes that we have identified. We will collect personal information by fair and lawful means.
4.1 Generally, we will collect personal information from the individual (or his/her parents/legal guardians) to whom it relates.
4.2 We may also collect personal information from other sources including employers or personal references, or other third parties who represent that they have the right to disclose the information.
Principle 5 – Limiting Use, Disclosure, and Retention of Personal Information
We will not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the appropriate individual who is an adult or the parent/legal guardian of a child in our care, or as required by law. We will retain personal information only as long as necessary for the fulfillment of the purposes for which it was collected.
5.1 With the exception of those circumstances where disclosure is required or permitted by law, we will make sure that any disclosure of personal information is made on a “need to know” and, where applicable, on a confidential basis, and in accordance with the provisions of The Community Child Day Care Standards Act (Manitoba) and the Child Day Care Regulations. We will use contractual or other means to protect the information and to make sure that the information is used only for the purpose(s) for which it was disclosed.
5.2 Subject to the foregoing, we may disclose an individual’s personal information to:
(a) our employees, independent contractors, directors, therapists, volunteers, work experience students and educational or regulatory observers; or
(b) a third party who requires personal information in order to:
(i) provide (or assist us in providing) for the physical, emotional, social and/or intellectual well being and/or safety of the children in our care; or
(ii) assist us in our general administration and/or operations (which includes record keeping, debt collection and fund-raising activities); or
(iii) assist us in providing products and/or services to the children in our care and their families, or to our other constituents; or
(c) a public authority or agent of a public authority if, in our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by the disclosure of the information; or
(d) a third party who requires such information and who is part of our organizational group; or
(e) a third party with whom we are negotiating for the purpose of them taking over some or all of our services and/or other activities; or
(f) representatives of other licensed child care facilities if an individual has not promptly satisfied his/her debts to us; or
(g) a third party where that individual (if he/she is an adult, otherwise his/her parent/legal guardian) has consented to such disclosure; or
(h) a third party where such disclosure is required or permitted by law.
5.3 We will keep personal information only as long as it remains necessary or relevant for the identified purposes or as required by law. Depending on the circumstances, where personal information has been used to make a decision about an individual, we will retain, for a period of time that is reasonably sufficient to allow for access by that individual (or his/her parents/legal guardians), either the actual information or the rationale for making the decision.
5.4 We will maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to personal information that is no longer necessary or relevant for the identified purposes or required by law to be retained. Such information will be destroyed, erased or made anonymous.
5.5 Donors and sponsors may be named unless a particular donor/sponsor wishes to remain anonymous.
Principle 6 – Accuracy of Personal Information
Personal information will be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.
6.1 Personal information used by us will be sufficiently accurate, complete, and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about an individual.
6.2 We will update personal information about an individual as necessary to fulfill the identified purposes or upon notification by that individual (if he/she is an adult, otherwise his/her parent/legal guardian).
Principle 7 – Security Safeguards
We will protect personal information through the use of security safeguards appropriate to the sensitivity of the information.
7.1 We will use appropriate security measures to protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction, regardless of the format in which it is held.
7.2 We will protect personal information disclosed to third parties by contractual or other means stipulating the purposes for which it is to be used and the necessity to provide a comparable level of protection.
Principle 8 – Openness Concerning Policies and Procedures
We will make readily available to the parents/legal guardians of the children in our care, as well as to other individuals whose personal information we collect, use or disclose in the course of commercial activities, specific information about our policies and procedures relating to our management of personal information.
Principle 9 – Access to Personal Information
We will inform an individual (if he/she is an adult, otherwise his/her parent/legal guardian) of the existence, use and disclosure of his/her personal information (or that of his/her child) upon request, and will give the individual access to that information. An individual (if he/she is an adult, otherwise his/her parent/legal guardian) will be able to challenge the accuracy and completeness of the information and request to have it amended as appropriate.
9.1 Upon request, we will provide the parents/legal guardians of a child in our care, or any other individual whose personal information we collect, use or disclose in the course of commercial activities, with a reasonable opportunity to review the personal information in the individual’s file (or that of his/her child). Personal information will be provided in an understandable form within a reasonable time and at minimal or no cost to the individual.
9.2 In certain situations we may not be able to provide access to all of the personal information we hold about an individual (or his/her child). In such a case, we will provide the reasons for denying access upon request. For example:
(a) if doing so would likely reveal personal information about another individual or could reasonably be expected to threaten the life or security of another individual;
(b) if doing so would reveal any of our confidential information;
(c) if the information is protected by solicitor-client privilege;
(d) if the information was generated in the course of a formal dispute resolution process; or
(e) if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a federal or provincial law, or that of a foreign jurisdiction.
9.3 Upon request, we will provide an account of the use and disclosure of personal information and, where reasonably possible, will state the source of the information. In providing an account of disclosure, we will provide a list of organizations to which we may have disclosed personal information about the individual (or his/her child) when it is not possible to provide a list of organizations to which we definitely disclosed such personal information.
9.4 In order to safeguard personal information, an individual (if he/she is an adult, otherwise his/her parent/legal guardian) may be required to provide sufficient identification information to permit us to account for the existence, use and disclosure of personal information and to authorize access to a particular file. Any such information will be used only for this purpose.
9.5 We will promptly correct or complete any personal information found to be inaccurate or incomplete. Any unresolved differences as to accuracy or completeness will be noted in the individual’s file (or that of his/her child). Where appropriate, we will transmit to third parties having access to the personal information in question any amended information or the existence of any unresolved differences.
9.6 An individual (if he/she is an adult, otherwise his/her parent/legal guardian) can obtain information or seek access to his/her personal information (or that of his/her child) by contacting our Privacy Officer during our office hours.
Principle 10 – Challenging Compliance
An individual (if he/she is an adult, otherwise his/her parent/legal guardian) will be able to address a challenge concerning compliance with the above principles to our Privacy Officer.
10.1 We will maintain procedures for addressing and responding to all inquiries or complaints from any parent/legal guardian of any child in our care, or any other individual whose personal information we collect, use or disclose in the course of commercial activities, about our handling of personal information.
10.2 We will inform the parents/legal guardians of any child in our care, as well as other individuals whose personal information we collect, use or disclose in the course of commercial activities, about the existence of these procedures as well as the availability of complaint procedures.
10.3 Our Privacy Officer may seek external advice where appropriate before providing a final response to individual complaints.
1. telephone: 453-7387
2. mail:340 Cockburn Street North
For a copy of PIPEDA or to contact the Privacy Commissioner of Canada, please visit the Office of the Privacy Commissioner of Canada’s web site at: www.privcom.gc.ca
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