We follow the Fair Information Principles set out in the Personal Information Protection and Electronic Documents Act (“PIPEDA”). As a Firm, we are also governed by the Nova Scotia Barristers’ Society Code of Professional Conduct and its Regulations which set out our professional obligation to maintain confidentiality of client information.
What is personal information?
Personal information refers to information about an identifiable individual. It includes both factual information (such as name, age, and personal address information) and subjective information (such as opinions, evaluations, and comments).
Why Barteaux collects personal information
Barteaux collects personal information in order to provide legal services. For example, when a prospective client approaches the Firm, we are required to confirm the identity of that organization or individual. In our practice, we also collect personal information about members of the general public when it is relevant and necessary to the provision of our legal services, for example employee information.
The Firm collects personal information only as permitted by law, including with the consent where appropriate.
How we use personal information
Personal information about clients is generally used for the following purposes: to provide legal services; for billing, record-keeping and client service matters; and to provide information about legal updates and other developments. Our use of client information is also subject to our professional obligation of confidentiality and the requirements of solicitor-client privilege where applicable.
Personal information about members of the general public is generally used for the following purposes: when it is relevant to a legal issue affecting a client of the Firm; and to provide information about legal updates and other developments.
The Firm uses personal information only as permitted by law, including with the consent where appropriate.
Disclosure of personal information
Any disclosure of personal information is subject to our professional obligation of confidentiality and the requirements of solicitor-client privilege where applicable.
Barteaux only discloses personal information for legitimate purposes, and with consent where it is appropriate. For example, we may disclose in the following circumstances (note that this is not an exhaustive list):
- As required in order to provide legal services in accordance with client instructions;
- For the purpose of collecting fees owed to the firm for services rendered;
- As required by our professional governing bodies and liability insurers;
- As required by law or pursuant to court order; and
- To third parties engaged to provide services for our benefit, in which case we will use contractual or other means to protect the personal information that is being provided to the third party.
Consent and exceptions
We recognize the importance of obtaining consent where required by law for the collection, use, and disclosure of personal information and are guided by the following principles and exceptions in considering PIPEDA compliance:
- Consent may be express or implied. Where information is likely to be considered sensitive, express consent should be obtained.
- Consent shall be informed consent. When collecting personal information, you will be informed of the purposes for which your personal information will be used and disclosed. If personal information that has already been collected is to be used for a new purpose, additional consent shall be obtained if required by law.
- Subject to any legal, contractual, or other restrictions, you may withdraw or amend consent previously given by contacting our Privacy Officer to provide reasonable notice of your request.
In certain circumstances, there are exceptions to the requirement to obtain consent. Employees of the firm shall consult with the Privacy Officer to determine whether any such exceptions apply. Exceptions may include:
- When collection or use is clearly in the interest of the individual and consent cannot be obtained in a timely way;
- In emergencies;
- Where consent would compromise investigating a breach of contract or law;
- To comply with court procedures regarding the production of information; and
- In other circumstances where permitted or required by law.
Security of Personal Information
Barteaux takes appropriate measures to protect against loss, theft, unauthorized access, disclosure, use or modification of personal information. These measures vary depending on the nature, format, volume, method of storage, and sensitivity of the personal information, and involve applicable physical, organizations, and electronic safeguards, including secure physical premises, internal employee policies and confidentiality agreements, restricted electronic file access, and security software and firewalls.
In communicating with us, please note that email is not a fully secure medium.
Individual Access, Accuracy and Openness
Barteaux is also committed to making information available about our policies and practices relating to the management of personal information.
The Firm works to maintain accurate, complete and up-to-date personal information. If you are aware of any changes to the personal information you have given us, simply inform us of the changes and we will update our records accordingly. You may check and correct your personal information by contacting our Privacy Officer at the address set out below.
Contact our Privacy Officer
Please refer any questions or concerns about the content of this policy and all access requests related to your personal information to our Privacy Officer:
1701 Hollis Street, Suite L106
Halifax, NS B3J 3M8
Direct line: 902.444.0240