Henderson Heinrichs LLP, the “Firm”
September 24, 2015
The 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. The Firm understands the importance of privacy and recognizes the sensitivity of personal information received by us in the course of our legal practices.
We acknowledge our professional obligations to maintain the confidentiality of client information, and recognize our obligations concerning personal information that we collect, use or disclose in our practices. This policy has been developed with those obligations in mind.
Our Need for Personal Information
In order to provide legal advice to our clients, we need access to all relevant facts and information that relate to our retainers and to the representation of our clients. This information will necessarily include personal information about our clients and other individuals.
Collection, Use and Disclosure of Personal Information
Where practical, we collect personal information directly from the person to whom the information pertains. When necessary, we may collect personal information from other sources. By retaining the Firm for legal advice or representation, you consent to our collection, use or disclosure of your personal information in order to properly advise and represent you.
It is our policy to collect personal information about individuals other than our clients in accordance with the provisions of the 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 such 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 personal information about an individual in some circumstances without the individual’s consent. Those include (but are not limited to) circumstances in which:
- the collection, 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; or
- 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
We recognize that we have professional and legal obligations to protect the confidential information of our clients. We recognize as well 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.
We have therefore made arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information.
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 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:
(i) under a collective agreement,
(ii) under an enactment, or
(iii) 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.
Contacting or Communicating with Us
If you have any questions with respect to our 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 our Privacy Officer is Kevin Heinrichs. Mr. Heinrichs can be contacted as follows:
By phone: 604-669-3500
By regular mail to:
Henderson Heinrichs LLP
1530 – 1188 West Georgia Street
Vancouver, BC V6E 4A2
Attention: Kevin Heinrichs
If you are dissatisfied with our handling of your personal information, we invite you to contact our Privacy Officer in writing, setting out the reasons for your concern. If, after our Privacy Officer has reviewed and responded to your concern, you remain dissatisfied, you may wish to contact the Office of the Information and Privacy Commissioner at:
P.O. Box 9038, Stn Prov Govt
Victoria, BC V8W 9A4
Telephone (250) 387-5629
Fax (250) 387-1696
Latest Blog Posts:
- Dealing with Debt after Separation
- When will the Court Grant a Divorce?
- Reducing Your Child Support Obligations Upon Loss of Employment in Alberta
- Michael J.R Proskiw joins Henderson Heinrichs LLP’s Edmonton Office
- The Ins and Outs of Credit Card Debt
- Dos and Don’ts of Communication for Parents During Separation and Divorce
- How to Become the Guardian of a Child
- What Parents Should Know About the Hague Convention on the Civil Aspects of International Child Abduction
- Vanessa Park Joins Henderson Heinrichs LLP’s Vancouver Office
- Estate Planning, Separation, Divorce and Blended Families
- Child Support and Undue Hardship
- Summer Holidays and Parenting Time
- Pension Division and Spousal Waiver (Form 2) – What is it and should you sign?
- Judicial Case Conferences (JCCs) in Family Law Proceedings: What You Need to Know
- Parenting during separation and divorce. How do courts decide parenting time?
- Vancouver Supreme Court to Simplify Process of Getting Hearing Dates for Lengthy Chambers Applications
- How Separation or Divorce can Impact your Taxes
- How BC courts treat an Investment Advisor’s (IA) book of business
- Family debts and separation. How having a lawyer can protect your financial interests.
- Form 8 Financial Statements – A step-by-step overview.
- Top Tips for Form 8 Financial Statements
- Documents Important in Divorce Proceedings, Part II
- Ten Documents You Should Keep Close When You’re Getting A Divorce, Part I
- Disclosure and Non-Disclosure: A Vital Factor in Family Law
- Healthy Mind, Healthy Divorce
- Should I stay or can I go now? An update on parental mobility
- Why prenuptial agreements are good for both of you.
- Why do I need a lawyer for a separation agreement if my ex and I have already agreed on everything?
- Do I have to pay more spousal support if I make more money after separation?
- Estate planning: Who inherits from you if you get divorced?
- What you need to know about Marriage, Prenuptial and Co-habitation Agreements
- Parenting over the holidays: Your rights and what’s right for your children
- November is National Adoption Awareness Month: What you need to know about Adoptions
- Are Veteran’s Affairs Pensions considered Income for Child and Spousal Support?
- An Update on Joint Tenancy and Confusion Regarding Excluded Property under the Family Law Act
- What Does it Mean to be a Common-Law Spouse?
- An Intersection between Tax Issues and Separation or Divorce
- Retroactive Child Support: 19 years or 3 years?
- In High Net Worth Asset Division Cases: Is Spousal Support Still Payable?
- Henderson Heinrichs LLP officially opens its Edmonton Office: Helping those with Edmonton Divorce and Family Law Issues
- Should you have a “baby making” contract? A look into Fertility Law and Assisted Reproductive Technologies.
- The Worth of Family Agreements: Cohabitation, Pre-nuptial, and Separation Agreements
- Costs in Ontario Family Law
- Spousal Support Means, Needs, and Circumstances Considerations
- Recent BC Court Form Amendments: Disclosure in Litigation Confidential As Between Parties
- Nasty Doesn’t Work in Family Court
- The Proof of Abuse – The Role of Recording
- Weekly Family Law Roundup #5
- Weekly Family Law Roundup #4
- Weekly Family Law Roundup #3
- Weekly Family Law Roundup #2
- Weekly Family Law Roundup #1
- To Mediate, or to Litigate: That is the Question.
- Children of Parents on Social Assistance Finally Able to Keep their Child Support
- Parental Alienation and Estrangement
- Paternity Testing and DNA Testing in Divorce and Family Law in British Columbia
- BC Government Seriously Considers Not Taking Money from Children
- Creative Applications: Using the Family Law Act to try to chase away your child’s date
- Avoid Joint Tenancy?: Property Division in British Columbia Becomes Less Clear
- My Spouse is Cheating – Should I Hire a Private Investigator?
- The Costs of Withdrawing a Case
- Starting a Family Law Action in Ontario
- Alcoholism and Support
- Property and Pensions in Ontario
- Short Relationship? Don’t count on getting half.
- Mobility in Family Law Part 3
- Mobility in Family Law Part 2
- Mobility in Family Law – Part 1
- Weaknesses in the BC Supreme Court Family Rules
- Teacher Strike Supplement – Temporary Education Support for Parents
- New Directions for Property Division in British Columbia
- Bankruptcy and Separation in British Columbia
- How do I obtain a support order if my former spouse has moved to another jurisdiction?
- BC Court Justice Orders 7 Day Imprisonment for Failure to Pay Support
- Vancouver Family Lawyers Think You Might Need to Change Your Will!
- The Importance of Being Honest
- British Columbia Claws Back Child Maintenance from Children
- Wills, Estates and Succession Act: Separation Revokes Your Inheritance
- Setting a Trial in Ontario and BC
- What is FMEP and is it for me?
- British Columbia Dispute Resolution Options
- Mediation & Collaborative Family Law on AM650
- Our Best Toronto Divorce Lawyer Advice, Part 1
- Don’t Update the Status of Your Court Orders
- Henderson Heinrichs on AM 650’s The Law Show
- 5 Tips to Making Shared Custody Work: A Primer
- The Difference Between a Paralegal and a Divorce Attorney in Toronto
- Who Should Hire a Child Custody Lawyer in Toronto?
- When Should You Hire a Vancouver Lawyer?
- New Federal Law Legislates First Nations Property Division on Divorce
- Non-Payment of Child Support: Is it Family Violence?
- Same Sex Divorce in British Columbia
- Bankruptcy and Property Claims
- Divorce Now Available for Non-Resident Same-Sex Couples
- We’re Temporarily Moving!
- The Importance of Pleading Certificates of Pending Litigation
- Views of the Child Reports
- The Court as Custodial Parent?
- Top 5 Suggestions For Those Who Want to Keep Lawyer’s Fees To A Minimum
- Halloween Access
- Preparing for your First Meeting with a Family Lawyer at Henderson Heinrichs
- Disclosure Disclosure Disclosure
- Assisted Reproduction and the Family Law Act
- Maintaining Guideline Maintenance in Wealthy Families
- Reflections of a Student
- Social Media in Family Law or Divorce Actions Part 2
- What is the impact of the new Family Law Act on a Separation Agreement under the Family Relations Act?
- Sealing a Family File
- It’s Income Tax Time: Deduction of Legal Fees
- Divorce in Canada for Foreign Residents
- New 2012 Child Support Guideline Tables: Update Your Payments!
- Should I pay or should he owe now?
- New Child Support Guideline Tables
- Common Law Property Division Changes Coming
- Who will care for my children when I’m gone?
- Agreements are meant to be followed
- What does it take to Separate?
- What If No One Follows An Order?
- Document Disclosure
- Interim Custody and Status Quo
- Social Media in Family Law or Divorce Actions
- What’s in a name?
- Post-Secondary Education Costs
- Family Law Mediation
- Merry Christmas and Happy Holidays
- Investing in Divorce? Not here.
- Fallout from a No-Show
- Maintenance on the Death of a Party
- Following the Guidelines
- Review Hearing vs. Variation of an Order for support
- Court Services Online
- Joining Provincial and Supreme Court actions
- Expert Report Critiques
- Divorce Ads
- Court Scheduling
- Will Common-Law Mean the Same as Married Under the Proposed New Family Relations Act?
- Don’t Wait Too Long, Part II
- To Skype or not to Skype?
- JCC Scheduling Problems
- Early Retirement – What Happens to Spousal Support?
- Child Maintenance Claims: Can a Payor Claim Legal Fees as a Tax Deduction?
- Dividing the Grape Juice
- This Post is not Privileged
- Anonymizing Orders and Pleadings
- Completion of Registration of Live Birth
- Financial Statement Assumptions
- Henderson Heinrichs watches some guy run past with a torch!
- Recent Cases on Costs
- Mobility Law Update
- Notices to Admit
- Reassessment of Trial Decisions
- What to do about non-disclosure
- Getting Married, Separated, or Divorced? Time to think about your will.