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Halifax Employers Association Privacy Policy
June 2004
I. OBJECTIVES
The Halifax Employers’ Association (“HEA”) is a designated employer representative pursuant to s. 34 of the Canada Labour Code and represents various companies engaged in longshoring in the Port of Halifax (the “Member Companies”). These Member Companies provide loading and offloading services for the benefit of shipping lines calling at the Port.
HEA negotiates and administers various collective agreements for the certified bargaining agents at the Port of Halifax. These bargaining agents are:
• I.L.A. Council (bargaining for Locals 269, 1341 and 1825); and
• Halifax Cargo and Gangway Watchmen Union, Local 1738 (collectively, the “Unions”)
In its role as employer representative, HEA may acquire and use personal information about Union members. HEA may also acquire and use personal information about applicants for employment (at all stages of the hiring process) staff employees and casual employees at the waterfront, such as members of the union cardboards and persons who work out of the Local 269 or 1341 bullpens.
These individuals have the right to privacy with respect to their personal information that is collected, used or disclosed by HEA. In addition, these individuals have the right of access to this information and to have it corrected if necessary.
To ensure compliance with these obligations and the Personal Information Protection and Electronic Documents Act, HEA has created the Personal Information Protection and Management Policy which outlines its commitment and expectations of its staff employees.
II. SCOPE
This Policy applies to all persons for whom HEA uses or acquires personal information.
III. PERSONAL INFORMATION
Personal information includes information that is factual or subjective, recorded or not, about an identifiable individual, e.g., information found in a personnel file, performance appraisals, medical and benefits information, etc.
Personal information does not include:
• An employee’s name, title or business address or telephone number.
IV. ACCOUNTABILITY
HEA is responsible for personal information in its possession or custody, including information that has been transferred to a third party for processing. HEA will use contractual or other means to provide a comparable level of protection while the information is being processed by a third party.
HEA has designated Cathy Kavanaugh as its Privacy Officer to be accountable for compliance with this Policy. Other individuals within HEA may be responsible for the day-to-day collection and processing of information and will carry out these responsibilities in accordance with this Policy. Any privacy related inquiries that staff employees of HEA or one of its Member Companies may have will be directed to the Privacy Officer.
V. IDENTIFYING PURPOSES
HEA will identify the purposes, orally, in writing, or electronically, for which personal information is collected at or before the time the information is collected. Only information necessary for those purposes will be collected. If the information is required for a different purpose, consent will be obtained again. HEA will not use information that has been collected for any other purpose without first identifying the use and obtaining the consent of the person who the information concerns unless the use is allowed by law.
HEA may also collect personal information from such third parties such as previous employers or personal references or other third parties that represent that they have the right to disclose the information.
HEA collects personal information for the following purposes:
• During the hiring process, to determine suitability;
• Upon hiring, to enroll individuals in human resources information systems to allow for payroll administration;
• To enroll individuals in employment benefit and pension plans, and to administer these plans on an ongoing basis;
• To determine an individual’s eligibility for benefits or support under various programs and policies;
• To monitor an individual’s ongoing performance, including letters of commendation or complaint, and adherence to policies, procedure, guidelines, collective agreements and applicable laws;
• To properly record absences, to ensure appropriate medical treatment is obtained and to arrange for the individual’s timely return to work;
• For other similar or related purposes that are reasonably necessary for the proper management of HEA’s business and to maintain the employer-employee relationship.
In the event HEA becomes engaged in any type of litigation, including but not limited to a civil action, grievance, arbitration, any matter under the Canadian Human Rights Act, the Canada Labour Code or the Workers’ Compensation Act, HEA will collect personal information from various sources to enable the HEA to use it and prepare and instruct counsel and disclose as necessary.
HEA collects employment equity information in accordance with applicable laws.
VI. CONSENT
The knowledge and consent of an individual are required for the collection, use or disclosure of personal information, except where inappropriate. Consent should be obtained before or at the time of collection or if a new use is identified. The persons collecting the personal information will be able to answer questions about the purposes of the collection.
HEA will seek express consent when the information is likely to be considered sensitive. Implied consent will generally be appropriate when the information is less sensitive. The application for employment, the acceptance of employment by an individual, becoming a member of a Union cardboard or being dispatched by a Union for work on the waterfront, will be considered implied consent to collect, use and disclose personal information for all identified purposes.
An individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. HEA will inform the individual of the implications of any such withdrawal. The individual must provide notice to HEA of such withdrawal in writing.
HEA will not, as a condition of the supply of a product or service, require the consent to the collection, use, or disclosure of information beyond that required to fulfill the explicitly specified and legitimate purpose.
Personal information can be collected, used, or disclosed without the knowledge and consent of the individual in some situations. 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 or for the purpose of acting in an emergency that threatens the life, health or security of an individual. In addition, HEA may disclose personal information without knowledge or consent to collect a debt, to comply with a subpoena, warrant, or other court order, to a lawyer representing HEA, or as may be otherwise required or authorized by law.
VII. LIMITING COLLECTION, USE, DISCLOSURE AND RETENTION
HEA will only collect information that is necessary to fulfill the purpose identified. HEA will not collect personal information indiscriminately. The amount and type of information will be limited to that which is necessary to fulfill the purposes identified.
HEA will only use or disclose the personal information collected that is necessary to carry out the purposes for which it was collected unless the individual consents or disclosure is authorized by law. HEA will provide individuals with clear reasons for collecting, using or disclosing personal information. HEA will keep personal information only as long as necessary to satisfy the purpose or as required by law. Personal information used to make decisions will be kept for a reasonable period of time to allow the individual to have access to the information after the decision is made. Personal information that is no longer necessary will be destroyed or erased or made anonymous according to HEA’s guidelines and procedures. HEA will generally maintain an employee’s personnel file for 7 years after the employee has left the longshoring industry.
HEA may disclose information that it has collected:
• to third parties whom HEA has contracted to process or administer payroll, benefit and pension plans, etc.;
• to its Member Companies and/or to the Unions;
• if HEA becomes involved in any type of litigation, including but not limited to a civil action, grievance, arbitration, any matter under the Canadian Human Rights Act, the Canada Labour Code or the Workers’ Compensation Act, HEA will disclose personal information relevant to the issues to seek counsel and advice and present HEA’s position to the court, tribunal or other administrative body or decision maker;
• as required by law and, where applicable, industry rules and regulations, or as otherwise permitted by applicable legislation
VIII. ACCURACY
HEA will take reasonable measures to ensure that personal information is sufficiently accurate, complete and up-to-date to minimize the possibility that inaccurate or inappropriate information is used to make a decision about an individual. HEA will update personal information only when necessary to carry out the specified purpose for which the information was collected or upon notification by the individual. Personal information that is used on an ongoing basis, including information that is disclosed to a third party, should generally be accurate and up to date.
IX. SAFEGUARDS
Personal information will be protected by security safeguards appropriate to the sensitivity of the information. Information will be protected against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Such security is maintained through physical measures, such as limited access and locked filing cabinets; technological tools, such as passwords and firewalls; and organizational controls, such as security clearances and staff training.
HEA makes its staff employees aware of the importance of maintaining confidentiality of personal information. HEA staff employees are governed by the Personal Information Protection and Management Policy which prohibits disclosure or use of any confidential or personal information for any purposes other than the stated business purposes.
HEA will use care in the disposal or destruction of personal information to prevent unauthorized parties from gaining access to information.
X. OPENNESS
HEA will make readily available information with respect to the management of personal information. Individuals may acquire the following information about HEA’ policies and practices:
• the name or title and address of the person who is accountable for HEA’ policies and practices and to whom complaints or inquiries can be directed;
• a description of the type of personal information held, including its use and description of what personal information is made available to a third party and Member Companies; and
• a copy of this Policy upon request.
XI. ACCESS TO INFORMATION
Upon written request, an individual will be informed of the existence, and disclosure of his or her personal information and will be given access to that information. An individual will be able to challenge the accuracy and completeness of the information and have it amended as appropriate. The written request must be detailed. Once the individual has made the detailed written request, HEA will inform the individual of the approximate cost of the request. After the individual is advised of the cost, the individual will advise HEA whether or not the request is being withdrawn. If the individual advises HEA that the request is not being withdrawn, the requested information will be provided within a reasonable time.
In certain circumstances, the individual may be denied access to his or her personal information:
• if the information contains references to other individuals or disclosure may result in harm to another individual;
• if the information cannot be disclosed for legal, security or commercial proprietary reasons.
XII. RESOLVING CONCERNS
There is a process available for any questions, concerns or complaints you might have concerning the Privacy Policy. Individuals have the right to complain if:
(a) the individuals run into difficulties obtaining personal information;
(b) HEA refuses to correct information the individual considers inaccurate or incomplete;
(c) the individual suspects personal information has been improperly collected, used or disclosed;
(d) the individual believes HEA is not following any provision of the law.
HEA will investigate all complaints. If the complaint is found to be justified, HEA will take appropriate measures, including, if necessary, amending its policies and practices.
Step 1: The individual shall advise the HEA’s Privacy Officer in writing his or her complaint, concern, or question.
When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, HEA will then amend the information as requested, either by correction, deletion or the addition of information. Where appropriate, the amended information will be transmitted to third parties having access to the information in question.
When a challenge is not resolved to the satisfaction of the individual, HEA will record the substance of the unresolved challenge. When appropriate, the existence of the unresolved challenge will be transmitted to third parties having access to the information in question.
Step 2: If an individual is not satisfied with the way HEA handles the matter, the individual can contact the Privacy Commissioner of Canada.
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