The
Personal Information Protection and Electronic
Documents Act
Effective January 1st, 2004, the Federal Government
of Canada has introduced The Personal Information
Protection and Electronic Documents Act or
PIPEDA. The purpose of PIPEDA is to provide
Canadians with a right of privacy with respect
to their personal information that is collected,
used or disclosed by an organization in the
private sector in an era in which technology
increasingly facilitates the collection and
free flow of information.
Why
A Company Privacy Policy?
As a funeral
home, we are required on a regular basis,
to collect personal information related to
clients, the general public and third parties.
Our goal is to maintain the highest standards
possible when collecting, holding and disclosing
information of this nature. This means that
we will only collect information that is required
and will only use and release pertinent information
as necessary to fulfill the terms of the Goods
& Services that we have been contracted
to provide. We also feel it is important that
we be open and upfront as to how we handle
personal information. The following document
explains in detail our privacy policy.
What
is Personal Information?
Personal information
is information about an identifiable individual.
Personal information includes information
that relates to their personal characteristics
(e.g., gender, age, income, home address or
phone number, ethnic background, family status),
their health (e.g., health history, health
conditions, health services received by them)
or their activities and views (e.g., religion,
politics, opinions expressed by an individual,
an opinion or evaluation of an individual).
Personal information is to be contrasted with
business information (e.g., an individual's
business address and telephone number), which
is not otherwise protected by privacy legislation.
Who We
Are
McClelland &
Slessor Funeral Home includes a combination
of full & part-time staff. The composition
of these staff members includes Licenced Funeral
Directors, non-licenced assistants, occasional
workers, organists, receptionist and cleaning
staff. As a normal function of our business,
we have regular contacts with organizations
and private sector companies that are not
employed by this funeral home. In the course
of their duties, these organizations may have
limited and controlled access to personal
information we hold. These include cemeteries,
churches, clergy, other funeral homes, accounting
firms, lawyers, funeral vehicle rental companies,
federal, provincial and municipal offices,
transportation companies, monument companies,
physicians, media, computer and Internet consultants,
hospitals, financial institutions and other
funeral related supply companies. We restrict
their access to any personal information we
hold as much as is reasonably possible. We
also obtain, wherever reasonable and possible,
their assurance that they follow appropriate
privacy principles.
Collection
of Personal Information: Primary Purposes
Information Collected From Clients
Like all funeral homes,
we collect, use and disclose personal information
in order to serve our clients. For our clients,
the primary purpose for collecting personal
information is to provide funeral related
Goods & Services. We collect information
related to both the deceased and the legal
authorized purchaser/contact person. More
specifically, the primary purpose for gathering
such information is to allow us to complete
necessary documentation related to funeral
services and to provide required information
to outside organizations so that they may
provide goods and services related to what
we have been contracted for. Most information
disclosed by our funeral home is done so on
the basis that "we are acting as an agent
on behalf of the purchaser/contact person".
Any release of information is based on what
would be considered reasonably related to
the nature of the request. We will release
information where we believe the client would
consent if asked by this organization. (e.g.
1, Provincial Registration Forms might include
information that would not be disclosed to
cemeteries or clergy such as Social Insurance
Number)(e.g. 2, Cemetery companies record
personal information about the contact person
over and above the deceased's information
in order to maintain accurate records, whereas
a company supplying an outer burial container
on behalf of the funeral home would require
limited information about the deceased only)
A common and expected
practice within funeral homes is the release
of personal information about the deceased
and their family to the general public (e.g.,
memorial folders/bulletins, foyer name boards,
newspaper notices, monuments, telephone
inquiries). This information is limited
to what is reasonably expected of a funeral
home with information being directly related
to the arrangements. We will not release
to members of the public any personal phone
numbers, addresses or business contact information
even if this information is available in
public directory publications or electronic
databases.
It is not our usual practice
to collect any personal information without
the client's express consent, but this might
occur in a case of urgency (e.g., the client
is unavailable) or where we believe the
client would consent if asked and it is
impractical to obtain consent (e.g., a nursing
home informs us of a death but we have not
heard from the family, we may request contact
information to allow us to set appointment
and complete arrangements).
Information
Collected From or About Members of the General
Public
For members of the general public, our primary
purpose for collecting personal information
is usually related to condolences and charitable
contributions. Often this collection, use
and disclosure is done without the individual's
consent as this information is volunteered
by them to us for that express purpose.
It is reasonable for us to assume that the
person providing this information understands
that we will disclose this information to
the funeral home contact person and charity
involved. It is also an expected practice
in funeral homes that a card containing
the donor's name and address be placed on
display in a public area of the funeral
home.
It would also be considered
reasonable for us to deliver condolences
or donation acknowledgment cards to the
funeral contact person even if the item
is specifically addressed to another person
related to the same family. Our obligation
is to the contractee and often we do not
have access to personal information of any
other person but than that of the funeral
home contactee. It is this person's sole
responsibility to forward such items to
the intended person and is done at their
discretion.
As a funeral home, we
often obtain information about third parties.
This information is collected where required
to fulfill the terms of our contract (e.g.,
newspaper notices, clergy records, cemeteries,
provincial legislation) It is reasonable
for us to assume that this information has
been provided to us with permission. If
any objection is received by the involved
third party, we will remove this information
from our files and from any documents that
are still in our possession. (e.g., if someone
files an objection that they do not want
their name in a newspaper notice, we will
remove this information providing the newspaper
has not gone to print or that we have not
passed the publication deadline for submissions
and corrections as set by that company).
Any personal information
provided by one person on behalf of a third
party would lead us to reasonably assume
that permission has been given for them
to disclose this information to us and that
they have no reason to expect that this
would be inappropriate. (e.g., donation
to a charity for someone who is unable to
attend).
Information may be collected
from a member of the public in order to
answer questions or to provide information
about our goods and services.
Information will only be used to provide
the information requested. On some occasions,
we must disclose personal information to
a third party in order to fulfill the details
requested (e.g., someone might call for
a quotation for us to provide funeral services
but may also ask us to confirm with a cemetery
that there is room in an existing family
plot).
Information
Collected From Outside Employees and Suppliers.
For people who are contracted to do work
for us (e.g., funeral coach provider, occasional
part-time staff), our primary purpose for
collecting personal information is to ensure
we can contact them in the future (e.g.,
for new assignments) and for necessary work-related
communication (e.g., sending out pay cheques,
year-end tax receipts, tax filings). Examples
of the type of personal information we collect
for those purposes may include business
& home addresses and telephone numbers.
It is rare for us to collect
such information without prior consent,
however, on occasion, we may gather this
information to establish an initial contact
or for emergency situations (e.g. grave
opening required on short notice).
Information
Collected Related To Cause of Death
The funeral home normally receives a document
that outlines the Medical Cause of Death.
We as a funeral home are not permitted by
law to disclose or provide this information
to any party (including the funeral home
informant/contractee) except where required
to obtain Coroner's Warrants and/or register
the death with the Province of Ontario as
legally required. The Medical Certificate
can not be copied by us nor do we retain
a record of the cause of death. The only
information recorded on file in our office
from this form is the legal date and place
of death and the name and address of the
signing Medical Practitioner.
Collection
of Personal Information: Secondary &
Related Purposes
Like most organizations, we also
collect, use and disclose information for
purposes related to, or secondary to, our
primary purposes. The most common examples
of our related and secondary purposes are
as follows:
- To invoice
clients for goods or services that
was not paid for at the time
- To collect
on outstanding balances that have
exceeded our payment terms
- Inform
them of upcoming events (e.g., an
annual memorial service)
- Mail out
items in remembrance (e.g., a laminated
copy of the death announcement,
after-care information).
- Mail out
items left at the funeral home (e.g.,
a picture)
- Surveys/feedbacks
to maintain quality customer service
- To maintain
a record of additional contact persons
(e.g. pre-arrangements may have
personal information about additional
contact persons or executor information)
- Board of
Funeral Services of Ontario (funeral
home regulatory board) who may inspect
our records and interview our staff
as a part of its regulatory activities
in the public interest.
- External
consultants (e.g., auditors, lawyers,
information technology) for the
purpose of audits and continuing
quality improvement reviews of our
firm, including reviewing client
files and interviewing our staff.
- Various
government agencies (e.g., Canada
Customs and Revenue Agency, Information
and Privacy Commissioner, Human
Rights Commission, etc.) who have
the authority to review our files
and interview our staff as a part
of their mandates
- Third party
payers often have your consent or
legislative authority to direct
us to collect and disclose to them
certain information in order to
demonstrate client entitlement to
funds and to ensure responsible
use of funding. (e.g., Department
of Social Services, insurance companies,
CPP, financial institutions, pension
and benefits organizations)
|
What
Information Do We Not Release To The General
Public?
We will not
release names, addresses or phone numbers
of any of our contacts to members of the
general public. Our rationale is that it
is not possible for us to verify if this
personal information is listed in public
directories or has been specified as unlisted.
We are also unable to verify the nature
for someone wanting this information. We
suggest that any letters or cards expressing
condolences be sent to us and we will forward
them to the contact person. Any requests
for telephone contact will be forwarded
to the contact person on behalf of the party
inquiring. It will be at the sole discretion
of the contact person if they wish to make
contact. We will not release any names,
addresses or phone numbers to the general
public even if requested by the contact
person. It is difficult to maintain records
of who has granted permission and who has
not, thus resulting in a consistent policy
that is to be followed by all staff members.
Effective immediately,
our office will not release Funeral Directors
Proofs of Death directly to lawyers offices,
insurance companies or financial institutions
who have contacted our office by telephone.
We are unable to accurately determine if
this request is legitimate or if they are
authorized to request this document. To
further rationalize this position, we release
multiple copies of these certificates to
families for the sole purpose of estate
settlement. It is the duty of the executor
or administrator of the estate to delivery
these copies as required. An exception may
be made if the executor/administrator are
not local and they no longer have or are
able to locate a copy.
How
Long Are Records Maintained?
Clients or
other individuals we deal with may have
questions about the services they received.
We also provide ongoing services for many
of our clients over a period of years for
which previous records are important. We
retain our client information for an indefinite
period of time. Currently, we have on file
all records dating back to 1936, when the
funeral home was first established.
Funeral homes are
required by law to maintain these records
indefinitely, or to ensure that any records
are properly archived should the funeral
home no longer be able to retain these records
(i.e. funeral home closure). The funeral
home may also discontinue this service related
to events beyond their control (i.e. theft,
fire, natural disasters).
How Are Genealogical Requests Handled?
Many people research
family information. Cemeteries and funeral
homes can be a vital link in establishing
family history. According to PIPEDA, any
document related to a death that has occurred
20 years ago or more or, if any document
was created more than 100 years ago, it
can be released without consent. If the
death has taken place within less than 20
years, we will only release information
that we are sure has already been made public
(e.g., appeared in a newspaper notice or
memorial folder, public service etc). In
this situation, no legal document can be
produced by our office to be handed out.
We understand the importance of such information
and will cooperate in anyway possible providing
it does not violate our Privacy Policy.
What
If The Funeral Home Is To Be Sold?
If McClelland
& Slessor Funeral Home Ltd. or its assets
were to be sold, the purchaser would want
to conduct a "due diligence" review
of the firm's records to ensure that it
is a viable business that has been honestly
portrayed to the purchaser. This due diligence
may involve some review of our accounting
and service files. The purchaser would not
be able to remove or record personal information.
Before being provided access to the files,
the purchaser must provide a written promise
to keep all personal information confidential.
Only reputable purchasers who have already
agreed to buy the organization's business
or its assets would be provided access to
personal information, and only for the purpose
of completing their due diligence search
prior to closing the purchase.
What
Happens If Funeral Home Ownership Transfers?
If the funeral
home changes ownership, the new owner will
take over control of existing pre-arrangement
and at-need files. As a term of purchasing
the funeral home, the new owner would be
required to follow privacy guidelines as
outlined by Federal and Provincial Governments.
What
Steps Are In Place To Keep Information From
Public View?
Paper Documents
- Paper information is either under
supervision or kept in a restricted
area away from the public areas
of the funeral home.
- Any transportation of documents
outside of the funeral home is kept
concealed from public view by envelopes
or folders. Any mailings are in
sealed envelopes or containers and
are sent by Canada Post or by reputable
courier companies
- Any documents with personal information
that are no longer required are
shredded.
- Building is protected by a monitored
security system to detect unlawful
entry
|
Electronic
Hardware
- Computer equipment is located
in a restricted area that is separate
from the public areas of the funeral
home
- Computers connected to the Internet
are protected by a firewall hardware
system and are monitored using Virus
and Trojan scanning software that
is maintained and upgraded on a
regular basis.
- Database software systems are
not directly linked to any on-line
system unless under supervision
by our staff and only be secure
methods for short duration's of
time
- Hard drives are removed from old
computers and physically destroyed
- Computer files are deleted using
file destruction software
- Cellular phones used are digital
which has been determined to be
a more secure signal that is harder
to intercept. Additional caution
is used in areas where only analog
signals are available
- Pagers used only display single
lines of numeric messages and are
only used as a means of having staff
contact the office via another source
- Fax transmissions are completed
using cover sheets with pre-printed
disclaimers pertaining to confidentiality
issues
|
Staff
Policies & Procedures
Staff are
trained to collect, use and disclose personal
information only as necessary to fulfill
their duties and in accordance with our
privacy policy. All staff member are given
copies of our policies and are required
to review and ensure that they fully understand
company policies and procedures. Any issue
requiring careful discretion may be referred
to the owners or company Information Officer.
Can
I Look At Information You Have On File For
Me?
Access
With some exceptions
(e.g., the information reveals personal
information about a third party), you have
the right to see what personal information
we hold about you. Often all you have to
do is ask. We will also try to help you
understand any information you do not understand
(e.g., short forms, technical language,
etc.). If we do not know you, we will need
to confirm your identity before providing
you with this access.
Denial
of Access
If there is a problem
with allowing access, we may ask you to
put your request in writing. If we still
cannot give you access, we will tell you
within 30 days if at all possible and tell
you the reason, as best we can, as to why
we cannot give you access.
Error
in Information
If you believe there
is a mistake in the information held on
file, you have the right to ask for it to
be corrected. We may ask you to provide
documentation that our files are wrong.
Where we agree that we made a mistake, we
will make the correction and where possible,
notify anyone to whom we sent this information
(e.g., if an error contained in a memorial
folder produced for funeral attendees it
would be unreasonable to expect this to
be corrected after the funeral has concluded).
If the error contained in the information
was not our fault and documents have been
filed with legal/government offices, a fee
may be required by the third party office
in order to make a correction (e.g., a $40.00
fee applies for changes made to the Provincial
Statement of Death once it has been officially
registered with the Province).
What
If I Have A Question Or A Concern?
If you have further
questions or concerns, please contact our
Information Officer:
Stuart Clark
McClelland & Slessor Funeral Home
152 Bradford Street
Barrie, ON L4N 3B5
Voice: (705) 722-6656
Fax: (705) 722-8376
E-Mail: pipeda@funeralhome.on.ca
Stuart will attempt to
answer any questions or concerns you might
have.
Submitting
a Formal Complaint
If you wish to
make a formal complaint about our privacy
practices, you may make it in writing to
our Information Officer. He will acknowledge
receipt of your complaint; ensure that it
is investigated promptly and that you are
provided with a formal decision and reasons
in writing.
Disclaimer
This policy
is made under the Personal Information Protection
and Electronic Documents Act. It is a new
and complex Act that leaves much room for
interpretation. The PIPEDA provides some
additional exceptions to the privacy principles
that are too detailed to set out here. There
are some rare exceptions to the commitments
set out above. Since this Act is new and
many areas are very broad and nonspecific,
it may be required from time to time to
adjust our privacy policy accordingly.
A
copy of this policy is available without
cost or obligation.
For
more general inquiries, the Information
and Privacy Commissioner of Canada oversees
the administration of the privacy legislation
in the private sector. The Commissioner
also acts in a manner similar to an ombudsman
for privacy disputes. The Information and
Privacy Commissioner can be reached at:
112
Kent Street
Ottawa, ON K1A 1H3
Phone: (613) 995-8210
Toll-free: (800)-282-1376
Fax: (613) 947-6850
TTY: (613) 992-9190
www.privcom.gc.ca
A gathering following
the funeral allows friends and family to
socialize in a more relaxed manner while
removing the worry and inconvenience of
inviting guests back to the family home.
Coffee and tea is provided by the funeral
home and catering can be arranged by the
funeral director and is invoiced to the
family at-cost; One less detail for the
family to have to organize. Families are
also welcome to make arrangements for food
should they wish.
|
