SAMPLE PRIVACY POLICY ON CLIENT INFORMATION - When dealing with a Notary Public in BC, Canada

From:  Vivien Lee N.P., the "Notary"

The Personal Information Protection Act ("PIPA") regulates the way organizations in British Columbia use, keep, secure, disclose and collect personal information. "Personal Information" means all information about an identifiable individual. The Notary recognizes the importance of privacy and recognizes the sensitivity of personal information received in the course of my Notary practice.

I recognize my professional obligation to maintain the confidentiality of my clients' information, and recognize my obligations concerning the personal information of all individuals that I collect, use or disclose in my practice. This policy has been developed with those obligations in mind.

Why do I need personal information?

To give legal and notarial advice to clients, I need access to all relevant facts and information relating to the transaction. This information will necessarily include personal information about my clients and about individuals other than my clients.

What do I do with the information?

When I can, I collect personal information directly from the person to whom the information pertains. If necessary, I will collect personal information from other sources.

By retaining me for advice or representation, my client consents to my collection, use or disclosure of the client's personal information in order to properly advise and represent the client.

It is my policy to collect personal information about individuals other than clients in accordance with the provisions of PIPA. The Act provides that an individual has consented to my collection, use or disclosure of personal information about that individual if, at the time the consent is deemed given, the purpose is considered obvious to a reasonable person. In those circumstances, I will collect, use or disclose personal information without obtaining a written or verbal consent to do so.

The Act also permits me to collect, use or disclose personal information about an individual in some circumstances without the individual's consent. Those include (but are not limited to) circumstances in which:

When I collect, use or disclose personal information, I will make reasonable efforts to ensure that is accurate and complete.

How will I keep personal information secure?

I recognize my professional and legal obligation to protect the confidential information of my clients and other individuals I have collected within my practice. I have, therefore, made arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information. Personal information includes paper and electronic information.

Under what circumstances will I release personal information?

The Act permits individuals to submit written requests to me to provide them with:

I will respond to requests in the time allowed by the Act and as authorized by you pursuant to various documents in my file. I will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably possible. All requests may be subject to any fees and disbursements the law permits me to charge.

An individual does not have an absolute ability to access his or her personal information under my control. The Act provides that I must not disclose personal information when:

The Act further provides that I am not required to disclose personal information when:

Requests for Correction of Personal Information

The law allows individuals to ask me to correct errors or omissions in their personal information that it is my custody or control. The request must be in writing and I will:

The above is a public service information guide for users of notary public / notaries' services in BC from Vivien Lee, NP at
2004.03.25 web site admin. 2009.06.25