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Privacy Policy
1. Introduction and Interpretation
1.1. In this policy,
1.1.1. “Contact Information”
refers to an individual’s name and position or title,
business telephone number, business address, business email,
business fax number and other business contact information.
1.1.2. “Personal Information” means
information about an identifiable individual, such as a
person’s name, home address, social insurance number, sex,
income or family status.
1.1.3. “Province” includes “Territory”
1.2. Crime Stoppers of Halton recognizes
the importance of privacy and recognizes the sensitivity of
Personal Information received by us in the course of our
activities.
1.3. We recognize our ethical and legal
obligations concerning the Personal Information of all
individuals that we collect, use or disclose in the course of
our activities. This policy has been developed with those
obligations in mind.
1.4. This policy has been developed in
compliance with the privacy legislation in force in this
province, being the
Personal Information
Protection and Electronic Documents Act (the
“Act”).
1.5. The Act sets out rules for how
organizations such as ours can collect, use, disclose and
dispose of Personal Information.
2. Accountability
2.1.
[Name] is
hereby appointed as the personal information compliance
officer (the "Privacy Officer").
2.2. All persons, whether employees,
volunteers, or board or committee members who collect,
process, or use personal information shall be accountable for
such information to the Privacy Officer.
2.3. A copy of this policy shall be made
available upon request.
2.4. The Privacy Officer shall ensure that
every new member of the Board of Directors is provided with a
copy of this policy, and agrees to follow and be bound by it.
3. General Principles
3.1. We may collect Personal Information
in the following circumstances and for the following purposes:
3.1.1. Tip Information: We solicit and
receive information, including Personal Information, from
anonymous informants:
3.1.1.1. that will assist police and
investigative bodies in the investigation of
contraventions of the laws of Canada or of a Province or a
foreign jurisdiction that has been, is being or is about
to be committed, or
3.1.1.2. relates to national security,
the defence of Canada or the conduct of international
affairs, or
3.1.1.3. that will assist police and
investigative bodies in the recovery of stolen property or
seizure of illegal drugs.
We receive this information in exchange
for a promise of anonymity and a cash reward.
3.1.2. Director, Member, Volunteer and
Employee Information: We obtain Contact Information and
residential addresses, telephone numbers and email addresses
for the members of Crime Stoppers of Halton, the members of
our Board of Directors and for our volunteers and employees,
including our Police Coordinators seconded to us by the
Halton Regional Police Service.
3.1.3. We require members of our Board
of Directors and our civilian employees, if any, to submit
to a periodic criminal record check. We may require our
volunteers to submit to a criminal record check, depending
on the duties that they wish to undertake for the
organization.
3.1.4. Supporter Information: We obtain
Contact Information, and residential addresses and
telephone, cell phone and fax numbers, and email addresses
of individuals and organizations that donate money, goods
and services to our program. If donors choose to make
financial contributions through the use of a charge card or
bank card, we obtain the charge or bank card information
required to process the transaction.
3.2. The Act provides that an
individual is deemed to consent to the collection, use or
disclosure of Personal Information if, at the time the consent
is deemed to be given, the purpose would be considered obvious
to a reasonable person. When such circumstances exist, we may
collect, use or disclose personal information without first
obtaining the express consent of the individual.
3.3. In addition to the circumstances
outlined above, there are other times when the law permits us
to collect, use or disclose Personal Information about an
individual without that person’s consent. These include (but
are not limited to) circumstances in which:
3.3.1. the collection, use or disclosure
is clearly in the interests of the individual and consent
cannot be obtained in a timely way;
3.3.2. it is reasonable to expect that
the collection or use with the consent of the individual
would compromise the availability or accuracy of the
personal information, and the collection or use of the
information is necessary for an investigation or proceeding;
3.3.3. it is reasonable to expect that
the disclosure 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;
3.3.4. the personal information is
available to the public from a prescribed source;
3.3.5. the collection, use or disclosure
of personal information is required or authorized by law.
4. Privacy of Personal Information
Obtained through Tip-Taking
4.1. We do not seek the consent of the
subject of anonymous Tip Information before collecting or
using it, nor do we advise the subject that the information
has been obtained. To do so would defeat the purpose for which
Tip Information is collected, as detailed above under “General
Principles”.
4.2. The collection, use and disclosure of
Tip Information is not a commercial activity or enterprise,
and is not regulated by the
Personal Information
Protection and Electronic Documents Act.
4.3. Where we have reasonable grounds to
believe that Tip Information
4.3.1. relates to a breach of the laws
of Canada, a Province or a foreign jurisdiction that has
been, is being or is about to be committed, or
4.3.2. relates to national security, the
defence of Canada or the conduct of international affairs,
or
4.3.3. will lead to the recovery of
stolen property or the seizure of illegal drugs, we will
disclose that Tip Information to an investigative body, or a
government institution, including a police force. We will
not seek the consent of the individual who is the subject of
the Tip Information before making such disclosure, nor will
we inform that subject that the disclosure has been made.
4.4. In the course of obtaining Tip
Information, we take all possible steps to avoid acquiring
information that may tend to identify the individual who
provided the information.
4.5. Despite our precautions, we recognize
that we may acquire information that could identify the
individual who provided Tip Information to us. So that we may
safeguard the identity of our anonymous informer, we will not
disclose Tip Information to anyone other than an investigative
body, or a government institution, including a police force,
unless required to do so by due process of law. Before
submitting to such due process of law we will invoke legal
privilege and all other legal processes available to resist
making Tip Information available.
5. Privacy of Director, Member,
Volunteer and Employee Personal Information
5.1. Police Coordinators seconded to us by
the Halton Regional Police Service continue to have their
terms of employment, including their privacy rights, governed
by the terms of their employment relationship with their
employing police agency.
5.2. Where practical, we will endeavour to
collect Director, Member, Volunteer and Employee Personal
Information directly from the person to whom the information
pertains. When necessary, we will collect Personal Information
from other sources. When we collect Personal Information from
employees, we will tell them the purpose for collecting the
information and who can answer their questions about the
collection.
5.3. When collecting Director, Member,
Volunteer and Employee Personal Information from other
sources, or when using or disclosing the Personal Information
we have collected, we will, where required, first obtain the
consent of the Director, Member, Volunteer or Employee.
Without limiting the generality of this clause, we will not
conduct a criminal record check without the consent of the
person involved.
5.4. If the results of a criminal record
check appear to support a decision that a person would not be
qualified to sit as a member of the Board of Directors or to
do volunteer work for the organization, the Privacy Officer
shall contact the person in confidence, and give the person
the opportunity to resign or withdraw his or her application
or nomination. In that case the result of the criminal record
check will not be revealed. If the person declines to resign
or withdraw his or her application or nomination, the Privacy
Officer shall reveal sufficient details of the criminal record
check to the Board of Directors to allow the Board to make a
determination on whether to accept the person.
5.5. We will disclose Contact Information
and the residential addresses of Directors to the Canada
Revenue Agency, and to the Corporate Registry, in the course
of filing the annual returns that are required by statute. We
will also disclose this information to our ‘Directors and
Officers’ liability insurers if so required in order to keep
our insurance coverage in good standing.
6. Privacy of Personal Information relating to Supporters
6.1. We
will obtain from our Supporters only such Personal Information
as we require to process their donation and issue appropriate
receipts, where requested. By making a donation, Supporters
are deemed to consent to our collecting such information.
6.2. Where a tax receipt has been issued,
we may disclose Personal Information regarding a Supporter to
the Canada Revenue Agency if required to do so under the
Income Tax Act.
6.3. We may maintain a list of Contact
Information and residential addresses and telephone, cell
phone and fax numbers, and email addresses for our Supporters,
for our own use in connection with future or ongoing
fundraising efforts.
6.4. We will not collect or use Personal
Information from Supporters for any other purpose, and we will
not disclose Personal Information from Supporters for any
purpose, without the express consent of the Supporter
involved.
7. Accuracy of Personal Information
7.1. When we collect, use or disclose
Director, Volunteer and Employee Personal Information, or
Personal Information relating to a Supporter, we will make
reasonable efforts to ensure that it is accurate and complete.
7.2. Individuals may write to us and
request that we correct any errors or omissions in their
Personal Information under our control.
7.3. If we are satisfied that a request
for a correction under subclause 2 is reasonable, we will
correct the Personal Information as soon as reasonably
possible.
8. Security of Personal Information
8.1. We
recognize our obligations to protect Personal Information
during the pursuit of our activities. We have therefore made
arrangements to secure against the unauthorized access,
collection, use, disclosure, copying, modification and
disposal of Personal Information.
9. Retention of Personal Information
9.1. Tip Information: We will retain Tip
Information for as long as we believe there is a reasonable
possibility that it may be useful in the investigation of
9.1.1. a breach of the laws of Canada, a
Province or a foreign jurisdiction that has been, is being
or is about to be committed, or
9.1.2. a matter that relates to national
security, the defence of Canada or the conduct of
international affairs, or
9.1.3. a matter that will lead to the
recovery of stolen property or the seizure of illegal drugs.
9.2. Where Tip Information relates to a
criminal charge that has been laid in any court in Canada, we
will retain that Tip Information until a final verdict has
been entered in the prosecution, or until the final appeal has
been disposed of, and the time limit for filing further
appeals has passed.
9.3. Where the times referred to in
subclauses 1 and 2 above have passed, we will retain Tip
Information for a further two years before disposing of it.
9.4. Director, Member, Volunteer and
Employee Information: If we use a Director’s, Member’s,
Volunteer’s or Employee’s Personal Information to make a
decision that directly affects that person, we will retain
that information for at least one year after using it. In
other cases, we have an obligation to destroy documents
containing Director, Member, Volunteer and Employee Personal
Information once the purpose for which the information was
collected is no longer being served and our retention of the
information is not necessary for legal or business purposes.
9.5. Supporter Information: We will retain
Supporter information for only so long as it is reasonably
necessary to fulfill its identified purposes.
10. Access to Personal Information
10.1. We will not respond to requests for
access to Tip Information, other than requests by an
investigative body, or a government institution, including a
police force, as may be necessary for the investigation to
which the Tip Information relates. We will not give reasons
for our lack of response to requests by others, and will not
confirm or deny the existence of the information requested.
10.2. Other individuals have the right to
access to their Personal Information under our custody or
control. A request for access must be in writing, and we may
request reasonable verification of the identity of the person
making the request before responding.
10.3. On request, we will give individuals
referred to in subclause 2 information about the ways in which
their Personal Information has been used, and the names of the
individuals and organizations to which their Personal
Information has been disclosed.
10.4. If we are to disclose Personal
Information in response to a request, we will do so within 30
business days after it has been requested, or we will give
written notice if we require further time to respond.
10.5. A person’s ability to access his or
her Personal Information under our control is not absolute. We
will not disclose Personal Information if:
10.5.1. 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;
10.5.2. 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;
10.5.3. the disclosure would reveal
personal information about another individual;
10.5.4. 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;
10.5.5. the Personal Information is
protected by solicitor-client privilege or police informer
privilege;
10.5.6. 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;
10.5.7. 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;
10.5.8. 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:
10.5.8.1. under a collective
agreement,
10.5.8.2. under an enactment, or
10.5.8.3. by a court.
10.6. Except as provided in subclause 1,
if we refuse an access request, we will tell the applicant in
writing, stating the reasons for the refusal and outlining the
further steps that are available to the applicant under the
appropriate legislation.
11. Contacting or Communicating with Us
11.1. 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, please contact our Privacy Officer:
Joanne
Courneyea
1151 Bronte Road
Oakville, Ontario
L6J 5C7
11.2. 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 Privacy Commissioner of Canada at:
112 Kent
Street
Place de Ville
Tower B, 3rd Floor
Ottawa, Ontario
KIA 1H3
CERTIFIED
TO BE A TRUE COPY of the Privacy Policy that was approved and
adopted by a resolution of the Board of Directors of Crime
Stoppers of Halton on the 24th. day of January, 2006.
Carla Blake
Carla Blake
Secretary,
Crime Stoppers of Halton Inc.
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