SKM Forensics is fully compliant with the terms and conditions stipulated in the federal Personal Protection and Electronic Documents Act (PIPEDA). Note that effective June 18, 2015 sections of the Digital Privacy Act dealing with designated “Investigative Bodies” were repealed. The Canada Gazette Volume 50, No. 8 provides the following: “As a result of these amendments, organizations no longer need to be designated an “investigative body” in the regulations under PIPEDA to be able to collect, use or disclose personal information without consent when conducting investigations. In fact, any private organization may collect, use or disclose personal information without consent when conducting investigations or anti-fraud activities, provided that the conditions set out in paragraphs 7(3)(d.1) and 7(3)(d.2) are satisfied.” Paragraphs 7(3)(d.1) and 7(3)(d.2) of the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) are as follows:
Disclosure without knowledge or consent
7(3) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may disclose personal information without the knowledge or consent of the individual only if the disclosure is
o (d.1) made to another organization and is reasonable for the purposes of investigating a breach of an agreement or a contravention of the laws of Canada or a province that has been, is being or is about to be committed and it is reasonable to expect that disclosure with the knowledge or consent of the individual would compromise the investigation;
o (d.2) made to another organization and is reasonable for the purposes of detecting or suppressing fraud or of preventing fraud that is likely to be committed and it is reasonable to expect that the disclosure with the knowledge or consent of the individual would compromise the ability to prevent, detect or suppress the fraud;
2. Identifying Purposes
SKM Forensics will identify the purposes for which personal information is collected at or before the time of collection.
SKM Forensics will provide notification and obtain consent from an individual in relation to the collection, use or disclosure of that individual’s personal information except in instances where it is inappropriate to do so.
4. Limiting Collection
SKM Forensics will collect personal information in a fair and lawful manner and will limit the collection of this personal information to that which is necessary for the purposes identified by the organization.
5. Limiting Use, Disclosure and Retention
SKM Forensics will not use or otherwise disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. SKM Forensics will retain personal information only as long as necessary for the fulfillment of those purposes.
SKM Forensics will ensure that the personal information collected is as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.
SKM Forensics will ensure that personal information is protected by security safeguards appropriate to the sensitivity of the information.
SKM Forensics will make readily available to individuals specific information about its policies and practices relating to the management of personal information.
9. Individual Access
SKM Forensics will, upon request, inform an individual of the existence, use and disclosure of his or her personal information and will provide them with access to that information. An individual will be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
10. Challenging Compliance
SKM Forensics will designate a person to whom an individual will be able to address a challenge concerning compliance with the above principles.