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CODE FOR THE PROTECTION OF PERSONAL INFORMATION,
CAN/CSA-Q830-96 |
4.1 Principle 1 - Accountability
Medicures is responsible for personal information under its control
and shall designate an individual or individuals who are accountable
for Medicures compliance with the following principles.
4.1.1
Accountability for Medicures compliance with the principles rests
with the designated individual(s), even though other individuals
within Medicures may be responsible for the day-to-day collection
and processing of personal information. In addition, other individuals
within Medicures may be delegated to act on behalf of the designated
individual(s).
4.1.2
The identity of the individual(s) designated by Medicures to oversee
Medicure's compliance with the principles shall be made known
upon request.
4.1.3
Medicures is responsible for personal information in its possession
or custody, including information that has been transferred to
a third party for processing. Medicures shall use contractual
or other means to provide a comparable level of protection while
the information is being processed by a third party.
4.1.4
Medicures shall implement policies and practices to give effect
to the principles, including (a) implementing procedures to protect
personal information; (b) establishing procedures to receive and
respond to complaints and inquiries; (c) training staff and communicating
to staff information about the Medicure 's policies and practices;
and (d) developing information to explain the Great Medicures's
policies and procedures.
4.2 Principle 2 - Identifying Purposes
The purposes for which personal information is collected shall
be identified by Medicures at or before the time the information
is collected.
4.2.1
Medicures shall document the purposes for which personal information
is collected in order to comply with the Openness principle (Clause
4.8) and the Individual Access principle (Clause 4.9).
4.2.2
Identifying the purposes for which personal information is collected
at or before the time of collection allows Medicures to determine
the information they need to collect to fulfil these purposes.
The Limiting Collection principle (Clause 4.4) requires Medicures
to collect only that information necessary for the purposes that
have been identified.
4.2.3
The identified purposes should be specified at or before the time
of collection to the individual from whom the personal information
is collected. Depending upon the way in which the information
is collected, this can be done orally or in writing. An application
form, for example, may give notice of the purposes.
4.2.4
When personal information that has been collected is to be used
for a purpose not previously identified, the new purpose shall
be identified prior to use. Unless the new purpose is required
by law, the consent of the individual is required before information
can be used for that purpose. For an elaboration on consent, please
refer to the Consent principle (Clause 4.3).
4.2.5
Persons collecting personal information should be able to explain
to individuals the purposes for which the information is being
collected.
4.2.6
This principle is linked closely to the Limiting Collection principle
(Clause 4.4) and the Limiting Use, Disclosure, and Retention principle
(Clause 4.5).
4.3 Principle 3 - Consent
The knowledge and consent of the individual are required for the
collection, use, or disclosure of personal information, except
where inappropriate.
Note: In certain circumstances personal information can be collected,
used, or disclosed without the knowledge and consent of the individual.
For example, legal, medical, or security reasons may make it impossible
or impractical to seek consent. When information is being collected
for the detection and prevention of fraud or for law enforcement,
seeking the consent of the individual might defeat the purpose
of collecting the information. Seeking consent may be impossible
or inappropriate when the individual is a minor, seriously ill,
or mentally incapacitated. In addition, Medicures that do not
have a direct relationship with the individual may not always
be able to seek consent. For example, seeking consent may be impractical
for a charity or a direct-marketing firm that wishes to acquire
a mailing list from another Medicures In such cases, Medicures
providing the list would be expected to obtain consent before
disclosing personal information.
4.3.1
Consent is required for the collection of personal information
and the subsequent use or disclosure of this information. Typically,
Medicure will seek consent for the use or disclosure of the information
at the time of collection. In certain circumstances, consent with
respect to use or disclosure may be sought after the information
has been collected but before use (for example, when Medicures
wants to use information for a purpose not previously identified).
4.3.2
The principle requires ``knowledge and consent''. Medicures shall
make a reasonable effort to ensure that the individual is advised
of the purposes for which the information will be used. To make
the consent meaningful, the purposes must be stated in such a
manner that the individual can reasonably understand how the information
will be used or disclosed.
4.3.3
Medicures shall not, as a condition of the supply of a product
or service, require an individual to consent to the collection,
use, or disclosure of information beyond that required to fulfil
the explicitly specified, and legitimate purposes.
4.3.4
The form of the consent sought by Medicures may vary, depending
upon the circumstances and the type of information. In determining
the form of consent to use, Medicures shall take into account
the sensitivity of the information. Although some information
(for example, medical records and income records) is almost always
considered to be sensitive, any information can be sensitive,
depending on the context. For example, the names and addresses
of subscribers to a newsmagazine would generally not be considered
sensitive information. However, the names and addresses of subscribers
to some special-interest magazines might be considered sensitive.
4.3.5
In obtaining consent, the reasonable expectations of the individual
are also relevant. For example, an individual buying a subscription
to a magazine should reasonably expect that Medicure, in addition
to using the individual's name and address for mailing and billing
purposes, would also contact the person to solicit the renewal
of the subscription. In this case, Medicures can assume that the
individual's request constitutes consent for specific purposes.
On the other hand, an individual would not reasonably expect that
personal information given to a health-care professional would
be given to a company selling health-care products, unless consent
were obtained. Consent shall not be obtained through deception.
4.3.6
The way in which Medicures seeks consent may vary, depending on
the circumstances and the type of information collected. Medicure
should generally seek express consent when the information is
likely to be considered sensitive. Implied consent would generally
be appropriate when the information is less sensitive. Consent
can also be given by an authorized representative (such as a legal
guardian or a person having power of attorney).
4.3.7
Individuals can give consent in many ways. For example: (a) an
application form may be used to seek consent, collect information,
and inform the individual of the use that will be made of the
information. By completing and signing the form, the individual
is giving consent to the collection and the specified uses; (b)
a checkoff box may be used to allow individuals to request that
their names and addresses not be given to other organizations.
Individuals who do not check the box are assumed to consent to
the transfer of this information to third parties; (c) consent
may be given orally when information is collected over the telephone;
or (d) consent may be given at the time that individuals use a
product or service.
4.3.8
An individual may withdraw consent at any time, subject to legal
or contractual restrictions and reasonable notice. Medicures shall
inform the individual of the implications of such withdrawal.
4.4 Principle 4 - Limiting Collection
The collection of personal information shall be limited to that
which is necessary for the purposes identified by Medicures Information
shall be collected by fair and lawful means.
4.4.1
Medicures shall not collect personal information indiscriminately.
Both the amount and the type of information collected shall be
limited to that which is necessary to fulfil the purposes identified.
Medicures shall specify the type of information collected as part
of their information-handling policies and practices, in accordance
with the Openness principle (Clause 4.8).
4.4.2
The requirement that personal information be collected by fair
and lawful means is intended to prevent Medicures from collecting
information by misleading or deceiving individuals about the purpose
for which information is being collected. This requirement implies
that consent with respect to collection must not be obtained through
deception.
4.4.3
This principle is linked closely to the Identifying Purposes principle
(Clause 4.2) and the Consent principle (Clause 4.3).
4.5 Principle 5 - Limiting Use, Disclosure, and Retention
Personal information shall not be used or disclosed for purposes
other than those for which it was collected, except with the consent
of the individual or as required by law. Personal information
shall be retained only as long as necessary for the fulfilment
of those purposes.
4.5.1
Medicures using personal information for a new purpose shall document
this purpose (see Clause 4.2.1).
4.5.2
Medicures should develop guidelines and implement procedures with
respect to the retention of personal information. These guidelines
should include minimum and maximum retention periods. Personal
information that has been used to make a decision about an individual
shall be retained long enough to allow the individual access to
the information after the decision has been made. Medicures may
be subject to legislative requirements with respect to retention
periods.
4.5.3
Personal information that is no longer required to fulfil the
identified purposes should be destroyed, erased, or made anonymous.
Medicures shall develop guidelines and implement procedures to
govern the destruction of personal information.
4.5.4
This principle is closely linked to the Consent principle (Clause
4.3), the Identifying Purposes principle (Clause 4.2), and the
Individual Access principle (Clause 4.9).
4.6 Principle 6 - Accuracy
Personal information shall be as accurate, complete, and up-to-date
as is necessary for the purposes for which it is to be used.
4.6.1
The extent to which personal information shall be accurate, complete,
and up-to-date will depend upon the use of the information, taking
into account the interests of the individual. Information shall
be sufficiently accurate, complete, and up-to-date to minimize
the possibility that inappropriate information may be used to
make a decision about the individual
4.6.2
Medicures shall not routinely update personal information, unless
such a process is necessary to fulfil the purposes for which the
information was collected.
4.6.3
Personal information that is used on an ongoing basis, including
information that is disclosed to third parties, should generally
be accurate and up-to-date, unless limits to the requirement for
accuracy are clearly set out.
4.7 Principle 7 - Safeguards
Personal information shall be protected by security safeguards
appropriate to the sensitivity of the information.
4.7.1
The security safeguards shall protect personal information against
loss or theft, as well as unauthorized access, disclosure, copying,
use, or modification. Medicures shall protect personal information
regardless of the format in which it is held.
4.7.2
The nature of the safeguards will vary depending on the sensitivity
of the information that has been collected, the amount, distribution,
and format of the information, and the method of storage. More
sensitive information should be safeguarded by a higher level
of protection. The concept of sensitivity is discussed in Clause
4.3.4. 4.7.3
The methods of protection should include (a) physical measures,
for example, locked filing cabinets and restricted access to offices;
(b) Medicures measures, for example, security clearances and limiting
access on a ``need-to-know'' basis; and (c) technological measures,
for example, the use of passwords and encryption.
4.7.4
Medicures shall make their employees aware of the importance of
maintaining the confidentiality of personal information.
4.7.5
Care shall be used in the disposal or destruction of personal
information, to prevent unauthorized parties from gaining access
to the information (see Clause 4.5.3).
4.8 Principle 8 - Openness
Medicures shall make readily available to individuals specific
information about its policies and practices relating to the management
of personal information.
4.8.1
Medicures shall be open about their policies and practices with
respect to the management of personal information. Individuals
shall be able to acquire information about Medicures policies
and practices without unreasonable effort. This information shall
be made available in a form that is generally understandable.
4.8.2 The information made available shall include
(a) the name or title, and the address, of the person who is accountable
for Medicure's policies and practices and to whom complaints or
inquiries can be forwarded;
(b) the means of gaining access to personal information held by
Medicures
(c) a description of the type of personal information held by
Medicures including a general account of its use;
(d) a copy of any brochures or other information that explain
Medicures's policies, standards, or codes; and (e) what personal
information is made available to related Medicures's (e.g., subsidiaries).
4.8.3
Medicures may make information on its policies and practices available
in a variety of ways. The method chosen depends on the nature
of its business and other considerations. For example, an Medicures
may choose to make brochures available in its place of business,
mail information to its customers, provide online access, or establish
a toll-free telephone number.
4.9 Principle 9 - Individual Access
Upon request, an individual shall be informed of the existence,
use, and disclosure of his or her personal information and shall
be given access to that information. An individual shall be able
to challenge the accuracy and completeness of the information
and have it amended as appropriate. Note: In certain situations,
Medicures may not be able to provide access to all the personal
information it holds about an individual. Exceptions to the access
requirement should be limited and specific. The reasons for denying
access should be provided to the individual upon request. Exceptions
may include information that is prohibitively costly to provide,
information that contains references to other individuals, information
that cannot be disclosed for legal, security, or commercial proprietary
reasons, and information that is subject to solicitor-client or
litigation privilege.
4.9.1
Upon request, Medicures shall inform an individual whether or
not Medicures holds personal information about the individual.
Medicures are encouraged to indicate the source of this information.
Medicures shall allow the individual access to this information.
However, Medicures may choose to make sensitive medical information
available through a medical practitioner. In addition, Medicures
shall provide an account of the use that has been made or is being
made of this information and an account of the third parties to
which it has been disclosed.
4.9.2
An individual may be required to provide sufficient information
to permit Medicures to provide an account of the existence, use,
and disclosure of personal information. The information provided
shall only be used for this purpose.
4.9.3
In providing an account of third parties to which it has disclosed
personal information about an individual, Medicures should attempt
to be as specific as possible. When it is not possible to provide
a list's of organizations to which it has actually disclosed information
about an individual, Medicures shall provide a list of organizations
to which it may have disclosed information about the individual.
4.9.4
Medicures shall respond to an individual's request within a reasonable
time and at minimal or no cost to the individual. The requested
information shall be provided or made available in a form that
is generally understandable. For example, if Medicures uses abbreviations
or codes to record information, an explanation shall be provided.
4.9.5
When an individual successfully demonstrates the inaccuracy or
incompleteness of personal information Medicures shall amend the
information as required. Depending upon the nature of the information
challenged, amendment involves the correction, deletion, or addition
of information. Where appropriate, the amended information shall
be transmitted to third parties having access to the information
in question.
4.9.6
When a challenge is not resolved to the satisfaction of the individual,
the substance of the unresolved challenge shall be recorded by
Medicures. When appropriate, the existence of the unresolved challenge
shall be transmitted to third parties having access to the information
in question.
4.10 Principle 10 - Challenging Compliance
An individual shall be able to address a challenge concerning
compliance with the above principles to the designated individual
or individuals accountable for Medicure's compliance.
4.10.1
The individual accountable for Medicures compliance is discussed
in Clause
4.1.1. 4.10.2
Medicures shall put procedures in place to receive and respond
to complaints or inquiries about their policies and practices
relating to the handling of personal information. The complaint
procedures should be easily accessible and simple to use.
4.10.3
Medicures shall inform individuals who make inquiries or lodge
complaints of the existence of relevant complaint procedures.
A range of these procedures may exist. For example, some regulatory
bodies accept complaints about the personal-information handling
practices of the companies they regulate.
4.10.4
Medicures shall investigate all complaints. If a complaint is
found to be justified, Medicures shall take appropriate measures,
including, if necessary, amending its policies and practices.
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