Background On January 1, 2004, British Columbia passed into law the Personal Information Protection Act (“Act”). This legislation governs the collection, use, and disclosure of personal information by all private sector organizations within the Province, including UNITE HERE Local 40 (“Local 40”). Accordingly, Local 40 has reviewed and enhanced its already stringent privacy guidelines to ensure that they comply with all requirements of the Act. The result is that Local 40 will continue to safeguard in the best possible way the personal information of its members and staff. What is “personal information”? Personal information is defined in the legislation to mean information about an identifiable individual, and includes such things as a person’s name, home address, Social Insurance Number, etc. However, personal information does not include information already within the public domain or to which the public has normal access such as a person’s business address, position or title within a company, business telephone number, etc. Local 40 is committed to the following 10 principles set out in the Canadian Standards Association’s Model Code for the Protection of Personal Information: Accountability Local 40 accepts that it is responsible for maintaining and protecting personal information under its control and has designated a Privacy Officer (see below) to ensure that it is in compliance with the Act. Identifying purposes Local 40 shall identify the purposes for which personal information is collected at the time that it is collected (unless the purpose is otherwise obvious). Consent Except where the law otherwise allows (e.g. implied or deemed consent), Local 40 shall obtain an individual’s consent when collecting, using, or disclosing personal information about that individual. Limiting collection Local 40 shall endeavour to limit the amount and type of personal information it collects in keeping with its mandate to provide the best possible services to its membership. Limiting use, disclosure and retention Except in cases involving implied or deemed consent, or the where law otherwise permits, Local 40 shall only use and/or disclose personal information for the purpose(s) for which it was collected, and shall only retain such personal information for as long as is necessary. Accuracy Local 40 shall keep the personal information it retains as accurate, complete and up-to-date as is reasonably possible in order to fulfil the purpose(s) for which it is used. Safeguards Local 40 has and will continue to put in place special safeguards to ensure that the personal information it retains is protected according to the particular sensitivity of that information. Openness Local 40 is committed to making its policies and procedures relating to the management of personal information under its control as open and accessible as possible, and this approach includes such things as publishing this Policy in its newspaper and posting it on its website. Individual access Upon receiving the appropriate written request to its Privacy Officer (see below) and upon ensuring that such a request meets the requirements of the Act, Local 40 shall inform the requesting person of the existence, use and/or disclosure of the personal information it retains relating to that individual. If it is found that the information is inaccurate or incomplete in some manner, the individual can bring this to Local 40’s attention and the information shall be amended as appropriate. Inquiries/complaints Local 40 is committed to allowing individuals to make inquiries or bona fide complaints regarding its compliance with the Act and/or its Policy, and has put a procedure in place to do so (see below). Why Local 40 collects, uses, and discloses personal information Collecting, using, and sometimes disclosing personal information about its members and other individuals is essential for Local 40 to meet the servicing needs of its membership, including such important matters as ensuring employers comply with collective agreements, filing/processing grievances, and managing health care and pension benefit plans. The kind of personal information which is collected, used, or disclosed by Local 40 typically includes such things as a member’s home telephone number, home address, and Social Insurance Number. In cases involving medical or related claims, it may also include such things as physicians reports, records of prescriptions, etc. In some cases, this personal information comes directly from members (e.g. information provided on union membership/initiation cards) and in other cases it comes from a member’s employer when the employer sends, for example, remittance and payroll data to Local 40. In other cases, this information may be exchanged between Local 40 and the administrator of its benefit plans, and may also be exchanged between Local 40 and the International Union to which it is affiliated, UNITE HERE (“International Union”). Specific reasons why Local 40 may collect, use, or disclose personal information include but are not limited to: determining eligibility for pension, health care, and other benefits; determining membership status; ensuring accurate billing of employers/members with respect to union dues and related fees; ensuring open communication between members and Local 40, as well as between members and third-parties with whom Local 40 contracts; filing and processing grievances; carrying out internal and external audits; determining eligibility for such things as strike pay; ensuring accuracy of payments, fees, etc. in relation to the International Union; statistical and research purposes; and complying with all legal and regulatory requirements. The foregoing is not an exhaustive list as personal information may also be collected, used, or disclosed by Local 40 for other purposes subject to obtaining (where necessary) the appropriate consent. It should be noted that the Act is not retroactive beyond January 1, 2004 and therefore any personal information which Local 40 collected prior to that date does not have to be “re-collected” under the new legislation. Consent Local 40 operates in strict compliance with the Act with regard to obtaining consent of an individual in relation to that person’s personal information. It is important to realize that consent may be obtained in a number of different ways which includes obtaining an individual’s express consent but also includes obtaining consent which is implied by the circumstances or which is deemed consent. In those circumstances where express consent is required, this can be obtained by Local 40 in writing or verbally (e.g. by telephone). The Act recognizes implied consent to have been given in matters involving such things as enrolment in pension or other benefit plans, and also acknowledges that disclosure of personal information without consent can be made to Local 40’s legal counsel. Of course, consent is also deemed to have been given where the purpose of the collection, use, or disclosure of the personal information is obvious to a reasonable person and the individual voluntarily provides such personal information to Local 40. Security Local 40 believes that the security of the personal information it controls on behalf of its members is paramount and takes special precautions to ensure that access to this information is limited to essential personnel only. For example, the database of information Local 40 retains incorporates typical security protocols and also includes password-protected access measures. Ensuring accuracy of personal information It is very important that the personal information Local 40 retains is accurate and complete in order to allow it to provide the best possible service to its membership. Members have the right to access and verify the personal information Local 40 retains about them, and Local 40 encourages its members to keep it informed of any changes to such information, particularly with regard to contact information. Privacy Officer/Contact Information Local 40 has a Privacy Officer on staff to ensure that it complies with this Policy and all the requirements of the Act. Any inquiries, as well as any formal complaints or requests under the Act, must be processed through the Privacy Officer who will, where necessary, provide individuals with the necessary forms and related information. Local 40’s Privacy Officer can be contacted as follows: Mr. Terry Honcharuk
#100-4853 Hastings Street
Burnaby, BC V5C 2L1
Telephone: 604-291-8211
Facsimile: 604-291-2676
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