Answering Your Legal
Brooks Business Lawyers (“Brooks”) recognizes the importance of privacy and the sensitivity of personal information. As lawyers we have a professional obligation to keep confidential all information we receive within a lawyer-client relationship. To ensure accountability, we have developed this policy, and trained our professionals about our policies and practices. This document explains how we use and disclose that information, the choices you have regarding such use and disclosure, and how you may correct and have access to that information.
Brooks provides legal services and products to a wide range of clients. In doing so, we also produce direct marketing materials concerning its services and developments in the law.
Personal information is any information that identifies you, or by which your identity could be deduced. If we did not collect and use your personal information we could not provide you with legal services. According to the Privacy Commissioner’s Guidelines, the definition encompasses such information as name, age, weight, height, medical records, income, purchases, spending habits, race, ethnic origin, colour, blood type, DNA code, fingerprints, marital status, religion, education, home address and telephone number.
We collect information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible we collect your personal information directly from you, at the start of a retainer and in the course of our representation.
Sometimes we may obtain information about you from other sources: for example,
In most cases, we shall ask you to specifically consent, if we collect, use, or disclose your personal information. Normally, we ask for your consent in writing, but in some circumstances, we may accept your oral consent. Sometimes, your consent may be implied through your conduct with us.
In certain circumstances, as permitted or required by law, we may collect, use or disclose personal information without your knowledge or consent. These circumstances include (where applicable): personal information which is subject to solicitor-client privilege; information on individuals which is publicly available where collection or use is clearly in the interests of the individual and consent cannot be obtained in a timely way; to investigate a breach of any agreement or contravention of a law; to comply with a subpoena, warrant, court order or as required or otherwise permitted by law.
When your consent is required, you can withdraw consent at any time (unless withdrawing the consent would frustrate the performance of legal obligations), and upon providing us with a 30-days notice. However, the withdrawal of your consent may impact on our ability to serve you and to maintain our relationship.
Brooks only collects the personal information necessary to fulfill the purposes identified to you prior to or at the time of collection, or any other reasonable and legitimate purposes or as required by law.
Brooks does not, as a condition of supplying a service to you, require consent to the collection, use or disclosure of personal information beyond that reasonably required for such purposes, or to comply with its obligations under applicable law.
Brooks usually collects and uses your personal information for the following purposes:
Under certain circumstances, Brooks will disclose your personal information:
We may keep a record of your personal information, including correspondence or comments, in the applicable file specific to you. We will utilize, disclose or retain your personal information for as long as necessary to fulfill the purposes for which it was collected and as required or otherwise permitted by law. We will establish minimum and maximum retention periods and procedures for maintaining and destroying your personal information.
Since we use your personal information to provide legal services to you, it is important that the information be accurate and up-to-date. We will not routinely update your personal information, unless such a process is necessary. If during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes.
If Brooks holds information about you and you can establish that it is not accurate, complete and up-to-date, Brooks will take reasonable steps to correct it.
Subject to the exceptions provided by the applicable law, we will make available to you any specific personal information about you that we have collected, utilized or disclosed, upon your written request.
Summary information is available on request. More detailed requests which require archive or other retrieval costs may be subject to our normal professional and disbursement fees.
We will make every reasonable effort to respond to each of your written requests not later than thirty (30) days after receipt of such requests. When applicable, we will advise you in writing if we cannot meet your requests within this time limit. When applicable, you have the right to make a complaint to the appropriate Privacy Authority in respect of this time limit.
Your rights to access your personal information are not absolute. We may deny access when:
If we deny your request for access to, or refuse a request to correct information, we shall explain why.
Brooks does not use your Social Insurance Number as a way of identifying or organizing the information we hold upon you.
Brooks takes all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect your information are:
To help us make credit decisions about clients, prevent fraud, check the identity of new clients and prevent money-laundering, we may on occasion, request information about you from the files of consumer reporting agencies.
You should be aware that e-mail is not a 100% secure medium, and you should be aware of this when contacting us to send personal or confidential information.
If you have any questions, or wish to access your personal information, please write to our Privacy Contact at:
Brooks Business Lawyers
2345 Yonge Street, Suite 301
If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at:
112 Kent Street