Rush Ihas Hardwick LLP
British Columbia’s Personal Information Protection Act (“the Act”) regulates the way private sector organizations within British Columbia collect, use, keep, secure and disclose personal information.
“Personal Information” means all information about an identifiable individual. Rush Ihas Hardwick LLP prioritizes its clients’ privacy and discretion.
We honour our professional obligation to maintain the confidentiality of our clients’ information, and abide by our obligations in respect of the personal information that we collect, use or disclose in our practice.
Our need for personal information
In order to be able to give legal advice to our clients, we need to understand all relevant facts that relate to our retainer and to the representation of our clients. We almost invariably require personal information about our clients and other connected individuals.
Collection, use and disclosure of personal information
In general, we collect information from our clients directly. The information we obtain from clients includes their own personal information and the personal information of others. From time to time, we will collect personal information from other sources.
When you retain Rush Ihas Hardwick LLP for legal advice or representation, you consents to our collection, use or disclosure of the individual’s personal information as we may require to advise and represent you.
It is our policy to collect personal information about the individuals other than our clients in accordance with the provisions of the Personal Information Protection Act.
The Act deems that an individual has consented to our collection, use or disclosure of personal information about that individual if, at the time the consent is deemed to be given, the purpose would be considered obvious to a reasonable person. In these circumstances, we will collect, use or disclose personal information without obtaining a written or verbal consent to do so.
The Act also permits us to collect, use or disclose information about an individual in some circumstances without the individual’s consent. Those include (but are not limited to) circumstances in which:
- the collect, use or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way;
- it is reasonable to expect that the collection or use of personal information with the consent of the individual would compromise the availability or accuracy of the information, and the collection or use of the information is necessary for an investigation or proceeding;
- it is reasonable to expect that the disclosure of personal information with the consent of the individual would compromise an investigation or proceeding, and the disclosure of the information is necessary for an investigation or proceeding;
- the personal information is available to the public from a prescribed source;
- the collection, use or disclosure of personal information is required or authorized by law.
When we collect, use or disclose personal information, we will make reasonable efforts to ensure that it is accurate and complete.
Security of personal information
Rush Ihas Hardwick LLP recognizes that we have professional and legal obligations to protect the confidential information of our clients. We are also cognizant of our legal obligations to protect the personal information we have gathered about our clients and about other individuals during the course of our practice of law.
In service of these obligations, we have made efforts to secure the personal information we collect and use against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction.
Requests for access to personal information
The Act permits individuals to submit written requests to us to provide them with:
- their personal information under our custody or control;
- information about how their personal information under our control has been and is being used by us;
- the names of the individuals and organizations to whom their personal information under our control has been disclosed by us.
We will respond to requests in the time allowed by the Act and will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably as possible. All requests may be subject to any fees and disbursements the law permits us to charge.
An individual’s ability to access his or her personal information under our control is not absolute. The Act provides that we must not disclose personal information when:
- the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;
- the disclosure can reasonably be expected to cause immediate or grave harm to the safety or to the physical or mental health of the individual who made the request;
- the disclosure would reveal personal information about another individual;
- the disclosure would reveal the identity of an individual who has provided personal information about another individual and the individual providing the personal information does not consent to disclosure of his or her identity.
The Act further provides that we are not required to disclose personal information when:
- the personal information is protected by solicitor-client privilege;
- the disclosure of the personal information would reveal confidential commercial information that, if disclosed, could in the opinion of a reasonable person, harm the competitive position of an organization;
- the personal information was collected without consent for the purposes of an investigation, and the investigation and associated proceedings and appeals have not been completed;
- the personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act:
- under a collective agreement,
- under an enactment, or
- by a court.
Requests for correction of personal information
The law permits individuals to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control. We will:
- correct the personal information and, if reasonable to do so, send correction notifications to any other organizations to whom we disclosed the incorrect information; or
- decide not to correct the personal information, but annotate the personal information that a correction was requested but not made.
The Website may contain links to other websites or internet resources. When you click on one of those links you are contacting another website or internet resources that may collect information about you voluntarily or through cookies or other technologies. Rush Ihas Hardwick LLP has no responsibility or liability for or control over those other websites or internet resources or their collection, use and disclosure of your personal information.
Contacting or communicating with us
If you have any questions with respect to Rush Ihas Hardwick LLP policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact us at: