Your Privacy Rights
From January 1, 2004, all businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act, and the Canadian Standards Association Model Code for the Protection of Personal Information, which it incorporates. These obligations extend to lawyers and law firms, including Miller Maki LLP. The Act gives you rights concerning the privacy of your personal information.
Miller Maki LLP is responsible for the personal information we collect and hold. To ensure this accountability, we have developed this policy, and trained our lawyers and support staff about our policies and practices.
What is personal information?
Personal information is any information that identifies you, or by which your identity could be deduced, including your address, gender, age, ethnic origin, race, ID numbers, financial and credit information, personal health information, shareholdings, criminal records, family status, sexual orientation, relationships, religious affiliations, employment history, education, personal habits, personal interests and personal history; but, it does not include the name, title, business address or telephone number of an employee of a person, partnership or other organization.
Why Does Miller Maki LLP Need Personal Information?
Miller Maki LLP provides legal services and products to a wide range of clients; if we did not collect and use your personal information we could not provide you with legal services.
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, government agencies or registries, insurance companies, accountants, physicians, health care workers, social workers or other professional advisors, financial institutions, credit bureaus and other third parties that represent that they have the right to disclose such personal information
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.
Use of Your Information
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.
We use your personal information to provide legal advice and services to you and to administer our client time and billing databases.
We may, unless you direct us otherwise, disclose your information to partners, other lawyers in the firm, associates and/or staff such as secretaries, clerks and articling students.
Miller Maki LLP does not disclose your personal information to any third party to enable them to market their products and services.
Disclosure of your Personal Information
Under certain circumstances, Miller Maki LLP will disclose your personal information:
- When we are required or authorized by law to do so, for example if a court issues a subpoena;
- When you have consented to the disclosure;
- When the legal services we are providing to you requires us to give
your information to third parties (for example, to a lender in a real
estate mortgage transaction) your consent will be implied unless you
instruct us otherwise;
- Where it is necessary to establish or collect fees;
- If we engage a third party to provide administrative services to us
(like computer back-up services or archival file storage) and the third
- If we engage expert witnesses on your behalf;
- If we retain other law firms in other jurisdictions, on your behalf;
- If the information is already publicly known.
Updating Your 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. If during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes.
Is My Personal Information Secure?
Miller Maki LLP 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:
- Our premises are monitored around the clock for burglary and fire by a local security service;
- Access to personal information, documents and files is controlled;
- We have installed technological safeguards like security software
and firewalls to prevent hacking or unauthorized computer access;
- To restrict access to our computer system, internal passwords are required.
Access to Your Personal Information
You may ask for access to any personal information we hold about you. 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.
If Miller Maki LLP holds information about you and you can establish that it is not accurate, complete and up-to-date, Miller Maki LLP will take reasonable steps to correct it.
Can I be Denied Access to My Personal Information?
Your rights to access your personal information are not absolute.
We may deny access when:
- Denial of access is required or authorized by law;
- Information relates to existing or anticipated legal proceedings against you;
- When granting you access would have an unreasonable impact on other people’s privacy;
- When to do so would prejudice negotiations with you;
- To protect our firm’s rights and property;
- Where the request is frivolous or vexatious.
If we deny your request for access to, or refuse a request to correct information, we shall explain why.
Miller Maki LLP does not use your Social Insurance Number as a way of identifying or organizing the information we hold upon you.
Can I request anonymity?
Whenever it is legal and practicable, we may offer the opportunity to deal with your general inquiries without requiring your name (for example, by accessing general information on our website).
The Proceeds of Crime (Money Laundering) and Terrorist Financing Act however requires us to confirm the identity of all new clients, and may require us to disclose information to FINTRAC in relation to certain transactions where large amounts of cash are used.
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.
Communicating with Us
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.
Requests for Access
If you have any questions, or wish to access your personal information, please write to our Privacy Officer at
Miller Maki LLP
176 Elm Street, Sudbury, ON P3C 1T7
Tel. (705) 675-7503
Fax (705) 675-8669
If you are not satisfied with our response, the Privacy Commissioner of Canada can be reached at
112 Kent Street, Ottawa, ON K1A 1H3
If you apply to Miller Maki LLP for employment, we need to consider your personal information, as part of our review process. We normally retain information from applicants after a decision has been made, unless you ask us not to retain the information. If we offer you employment, which you accept, the information will be retained in accordance with our privacy procedures for employee records
On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties but this information will not include any identifiable personal information.