The Federation of Community Social Services of BC (the “Federation”) recognizes the importance of privacy and the sensitivity of personal information. The Federation is committed to respecting the privacy rights of all individuals, including employees, members, volunteers, contractors, clients and other individuals involved with the Federation, by ensuring that their personal information is collected, used, and disclosed in accordance with applicable privacy legislation.
A. SCOPE
This Policy applies to all personal information collected, used, disclosed, and retained in any form by the Federation about our employees, members, volunteers, contractors, clients and other individuals involved with the Federation.
Personal information includes any information about an individual including information relating to personal characteristics, physical description, activities or views. It does not include aggregated information that cannot be associated with a specific individual. Personal information also does not include name, title, or business contact information.
The application of this Policy is subject to the requirements and provisions of applicable federal and provincial privacy legislation and any other applicable legislation or regulations. The Federation may change the terms of this Policy from time to time and will make available any updated version of this Policy.
B. PRINCIPLES
1. Accountability and Security
The Federation is accountable for personal information in its custody or control.
The Federation has implemented procedures to protect the privacy of personal information with safeguards appropriate to the sensitivity of the information. For example, the Federation will safeguard personal information in its custody or control from loss or theft and from unauthorized access, use, disclosure, copying or modification through appropriate security measures depending on the sensitivity, format and storage of the personal information. As well, the Federation will use care when destroying or disposing of personal information to prevent unauthorized access, use or disclosure of any personal information.
The Federation will seek assurances regarding the privacy of personal information that has been transferred to a third party for use or processing by requiring that those third parties safeguard all personal information as required by law.
The Federation employees, members, volunteers, contractors, clients and other individuals involved with the Federation with access to personal information are expected to respect the confidentiality of such information.
2. Notice and Consent
The Federation will generally obtain consent from employees, members, volunteers, contractors, clients and other individuals involved with the Federation regarding the purpose for collection, use or disclosure of personal information before, or at the time it collects the personal information, except as required or otherwise permitted by law.
Consent may be express, deemed or implied. Consent can be implied where the purpose for collecting, using or disclosing the personal information would be considered obvious to a reasonable person, and where an individual voluntarily provides their personal information for that purpose. Consent may also be implied where an individual is given notice and a reasonable opportunity to opt out of their personal information being used or disclosed, and the individual does not opt out.
Except in limited circumstances, the consent of an individual may be withdrawn at any time by providing the Federation with reasonable notice. These limited circumstances include where the personal information is required to provide the product or service, or the withdrawal of the consent would frustrate the performance of a legal obligation. The withdrawal of consent may restrict the Federation’s ability to provide a particular product or service—if this is the case, the Federation will explain the situation to assist the individual in making the decision.
Pursuant to applicable provincial legislation, the Federation will provide notice to its employees, members, volunteers, contractors, clients and other individuals involved with the Federation before collecting, using or disclosing personal information reasonably necessary for establishing, managing, or concluding the employment or contractor relationship. Notice may be express, constructive or implied in the circumstances.
In determining the appropriate form of consent, or notice if applicable, the Federation will consider the sensitivity of the personal information and the reasonable expectations of the individual in question.
In seeking consent or in giving notice of collection, the Federation will explain in plain language the purposes for which personal information will be collected, used or disclosed. The purposes may be expressed orally or in writing.
3. Collection, Use and Disclosure of Personal Information
The Federation may collect personal information using a variety of means, including written and verbal communications and through its website.
The Federation may generally collect, use or disclose employee personal information for the reasonable purposes of establishing, managing or terminating the employment relationship between the Federation and the employee. In addition, the Federation also collects, uses and discloses personal information for the following purposes:
(a) to establish and maintain relations with members, non-members, directors, employees, independent contractors and volunteers;
(b) to understand the needs and preferences of members, non-members, directors, employees, independent contractors and volunteers;
(c) to develop, market or provide products and services to meet the needs or expectations of members and non-member participants;
(d) to maintain complete and accurate membership files for business purposes (e.g. membership renewals, communication with members, voting, and newsletter dissemination);
(e) to manage and develop business and operations, including personnel and employment matters, and billing for goods and services;
(f) to meet legal and regulatory requirements;
(g) to comply with lawful requests from government agencies (e.g. Revenue Canada); and
(h) such additional purposes that are identified to an individual.
On request, persons collecting personal information will elaborate on the purpose or object for such collection or refer the individual to the designated person who can do so.
The Federation may also disclose personal information to third parties such as its agents, suppliers and/or service providers. The third parties will have access to personal information needed to perform their functions, but are only provided the limited amount of information required to perform their services or functions. When the Federation uses agents, suppliers and/or service providers, it requires them to protect personal information in accordance with the law and with the same or more stringent security and privacy standards than the Federation. Any such disclosure of personal information by the Federation to a third party will be conditional upon the information being used solely for the purpose for which it has been disclosed. If an individual does not wish the Federation to provide their personal information to a third party, there may be situations where the Federation will be unable to provide that individual with products and services.
Personal information will not be used or disclosed for any new purpose without first identifying the new purpose and providing notice to the employee or obtaining the consent of the individual, as applicable, unless permitted by law. Some examples of collection, use or disclosure of personal information without notice or consent may include circumstances where:
(a) it is reasonable to expect that the collection with the consent of the individual would compromise the availability or the accuracy of the personal information and the collection is reasonable for an investigation or a proceeding;
(b) it is clearly in the individual’s best interest and notice or consent cannot be obtained in a timely manner;
(c) in the reasonable judgment of the Federation, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information to a public authority or agent of a public authority; and
(d) it is to a lawyer representing the Federation; and
(e) it is required or authorized by law.
4. Limiting Collection, Use, Disclosure, and Retention of Personal Information
The Federation only collects personal information which is reasonably necessary for its identified purposes, and will take reasonable steps to limit the amount and type of personal information it collects, uses, and discloses. The Federation will keep personal information for only as long as necessary for the identified purposes or as required by law.
If personal information has been used to make a decision about an employee or another individual, the Federation will keep the personal information for at least one year and, if necessary, a reasonably sufficient additional period to allow the individual to have access to it after the decision has been made. Subject to this one-year retention requirement, the Federation will only retain personal information for as long as necessary to fulfill the identified purposes, or for as long as required for a legal or business purpose.
The Federation will maintain controls, schedules, practices and procedures for retention and destruction of personal information.
5. Access, Openness, and Compliance
The Federation is open about its privacy Policy and will make this Policy available to employees, members, volunteers, contractors, clients and other individuals involved with the Federation upon request. On request, the Federation will also advise if and how an individual can access their personal information.
Any individual may request to be informed of the existence, use and disclosure of personal information pertaining to them by making a written request to the Federation’s Privacy Officer. Employees can also seek access to their personal information by contacting their immediate manager or supervisor. The written request must provide sufficient detail to allow the Federation to identify the personal information being sought. Unless exempted by law, the Federation will provide the individual with access to their personal information under the Federation’s possession or control and an accounting of the collection, use and disclosure of their personal information.
Except for employee personal information, the Federation may charge a reasonable fee for access. The Federation may provide an estimate of the fee in advance and in some cases may require a deposit for all or part of the fee. The requesting individual may be asked to prove their identity.
In some cases, the Federation may not provide access to personal information that it holds about an individual. Examples of this include:
(a) it is work product information and/or disclosing the personal information could reveal confidential commercial or corporate information;
(b) if the personal information is protected by solicitor-client privilege;
(c) where the denial of access is authorized by law;
(d) where information relates to existing or anticipated legal proceedings against the individual making the request;
(e) where the information is collected for purposes of an investigation or the information is the result of an arbitration or other formal dispute resolution process;
(f) where it is necessary to protect the Federation’s rights and property or the rights and property of associated organizations, affiliates, or individuals; or
(g) where the request is frivolous or vexatious.
The Federation will also not provide access to personal information that:
(a) could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;
(b) could 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;
(c) would reveal personal information concerning another individual; or
(d) would reveal the identity of an individual who has provided personal information concerning another individual and the individual providing the personal information does not consent to disclosure of their identity.
If the Federation denies an individual’s request for access to personal information, it will advise the individual of the reason for the refusal, and will provide the name, title, and contact information of the designated person who can address the refusal.
The Federation will use reasonable efforts to ensure that personal information is accurate and complete for the purposes for which it is to be used. An individual is permitted to challenge the accuracy and completeness of their personal information and, in appropriate circumstances, the Federation will amend its records. Any differences as to accuracy or completeness that cannot be resolved will be noted in the individual’s file, if applicable.
Employees, members, volunteers, contractors, clients and other individuals involved with the Federation are expected to comply with this Policy at all times. In particular, employees, members, independent contractors and volunteers must comply with this Policy when handling the personal information of third parties in the course of their employment or engagement with the Federation, as applicable. Any breach of this Policy by an employee is grounds for discipline and may result in termination of employment. Any breach of this Policy by a member, contractor, or volunteer is grounds for termination of the individual’s engagement with the Federation.
The Federation will not disadvantage an individual because the individual, acting in good faith, has invoked or may invoke, the provisions of this Policy or any applicable privacy legislation.
C. INQUIRIES
The Federation’s Privacy Officer may be contacted at:
Brandon Yan
Managing Director
Phone Number: 250.480.7387
E-mail: brandon [at] fcssbc.ca
Any concern, inquiry, or request related to privacy should be directed to the Privacy Officer.
