This policy applies to the Canadian Union of Public Employees British Columbia Division (“CUPE BC”) and has been developed in compliance with the British Columbia Personal Information Protection Act (“PIPA”). PIPA sets out rules for how organizations such as ours can collect, use and disclose personal information.
2.0 Policy Statement
CUPE BC is committed to being accountable for how our organization treats personal information. We recognize that the proper handling of personal information is both essential to the individuals concerned and to our reputation as an organization. It is our intention to protect members’ privacy and to be as open to suggestion, complaint, and inquiry as we can. Members are encouraged to bring concerns to CUPE BC’s attention and to use the democratic processes of the union to ensure that personal information is appropriately protected within CUPE BC and by CUPE BC.
CUPE BC will make reasonable efforts to inform the public, its members and its employees of this policy and any subsequent policy with respect to personal information under PIPA. To that end, a copy of the current policy will be available on request at the CUPE BC office.
This policy applies only to CUPE BC and personal information within its custody and/or control. It does not apply to personal information collected, used or disclosed by CUPE Locals or CUPE National.
4.0 Personal Information – Definitions
“Member” means an individual who has obtained membership in accordance with the CUPE BC Constitution.
“Individual” means a person who has provided personal information to CUPE BC and may or may not include members.
“Personal information” means information about an identifiable individual, such as someone’s name, age, home address, personal email and phone number, gender identity, sexual orientation, family or marital status, religion, race, political affiliation, social insurance number, income, education, employment history, disability, medical and health issue.
“Employee personal information” is information that is collected, used or disclosed solely for the purposes reasonably required to establish, maintain, manage or terminate an employment relationship between an employee (including a volunteer) and an organization. This may include information such as name, home address, educational history and employment history. This does not include contact information or work product information (see below).
“Contact information” means information that allows an individual to be contacted at work. It includes the name, position name or title, business telephone number, business address, business e-mail and business fax number for the individual. Contact information is not covered by PIPA or this policy.
“Work product information” is information that is prepared or collected by an employee as part of that individual’s work responsibilities, but does not include information about an individual who did not prepare or collect the information.
“Confidential business information” includes but is not limited to financial information and reports, membership information, campaigns and government relations plans and strategies.
5.0 Why We Collect and Use Personal Information
Unless the purposes for collecting personal information are obvious, we will communicate the purposes for which personal information is collected, either orally, electronically or in writing, before or at the time of collection. We will only collect individual or member information that is reasonably necessary to fulfilling the following purposes:
- To create and maintain a list of members and to contact members as is reasonably necessary;
- To verify the identity of members;
- To identify member preferences;
- To send out membership information;
- To communicate with individuals about CUPE BC’s campaigns and government relations activities, including in-person, by mail, telephone and email, and online;
- To employ and manage staff;
- To conduct CUPE BC’s financial and administrative affairs;
- To engage in campaigns and government relations activities, including maintaining a web and social media presence
- To promote CUPE BC and its affiliates and member organizations to the public;
- To encourage solidarity support of other labour and progressive organizations;
- To meet legal or regulatory requirements; and
- To conduct or commission polling, focus groups, surveys and other information-gathering activities reasonably related to CUPE BC’s campaigns and government relations activities.
To fulfill these purposes, we collect and use personal information such as names, addresses, phone numbers, email addresses, social media contact information, communication preferences, member status and history, and past participation and interest in CUPE BC campaigns and government relations activities.
6.0 Limits on Collection, Use, and Disclosure
CUPE BC will only collect and use personal information that is necessary to fulfill the purposes identified at the time of collection or for a purpose reasonably related to the purposes identified in this policy. CUPE BC will not collect, use or disclose personal information except for these purposes unless we receive further consent from the individual. We will not release individual or member lists or personal information to non-CUPE organizations unless we have consent to do so.
We will only collect, use or disclose personal information in accordance with PIPA and any other applicable legislation. Individuals may withdraw consent to the collection, use or disclosure of their personal information at any time upon giving reasonable notice, unless PIPA permits collection, use or disclosure without consent.
If an individual withdraws consent, we will explain the likely consequences of this. For example, if a member withdraws consent for the collection, use and disclosure of their personal information, CUPE BC may be unable to provide them with services. Individuals or members cannot withdraw consent where this would frustrate the performance of a legal obligation.
7.0 How We Disclose Personal Information
CUPE BC may disclose personal information where authorized by PIPA or required by law. For employees of CUPE BC, this includes disclosure to government bodies to comply with our obligations as an employer, such as remitting statutory deductions.
CUPE BC will never sell or rent personal information to anyone.
8.0 Obtaining Consent to Collect, Use, and Disclose Personal Information
CUPE BC will get individuals’ consent to collect, use or disclose their personal information, except where we are legally authorized or required by law to do so without consent.
CUPE BC may collect, use, or disclose personal information without knowledge or consent as permitted by PIPA, including in the following limited circumstances:
- To create and maintain a list of members;
- To investigate a breach of an agreement, including the CUPE National Constitution, a contravention of a law, or to prevent fraud; and
- The collection is required or authorized by law.
Consent can be provided in writing, electronically, through an authorized representative or it can be implied where the purpose for collecting, using, or disclosing the personal information is considered obvious and the individual or member voluntarily provides personal information for that obvious purpose. For example, if an individual signs up for CUPE BC updates online, it is obvious that they are providing their contact information for that purpose.
Consent may also be implied where an individual is given notice and a reasonable opportunity to opt-out of their personal information being used and the individual does not opt out. Please see Section 6.0 Limits on Collection, Use, and Disclosure for withdrawal of consent.
In the case of employee personal information, PIPA allows CUPE BC to collect, use or disclose employee personal information without consent if it is reasonable for the purposes of establishing, managing or terminating an employment relationship. However, in such cases, the CUPE BC will notify employees of the collection, use or disclosure.
9.0 Retention of Personal Information
CUPE BC will keep personal information used to make a decision that directly affects individuals for at least one year after we make that decision. (PIPA requires this.)
CUPE BC will only retain personal information for as long as necessary to fulfil the identified purposes or as long as required for a legal or business purpose.
10.0 Keeping personal Information Secure
CUPE BC is committed to ensuring that information under our custody or control is protected against risks such as unauthorized access, collection, use, disclosure, copying, modification or disposal. CUPE BC ensures appropriate security arrangements are in place to protect your personal information from these risks, including physical, technological and operational security measures.
CUPE BC uses reasonably secure methods whenever we destroy personal information.
11.0 Ensuring Accuracy of Personal Information
CUPE BC will make reasonable efforts to ensure that personal information is accurate and complete.
Individuals or members may write to CUPE BC to request corrections to personal information under the control of CUPE BC. If the CUPE BC is satisfied that a request for correction is reasonable, we will correct the personal information as soon as reasonably possible. If applicable, as soon as reasonably possible, we will also send an individual’s corrected personal information to each organization it was disclosed to during the year before we corrected it.
12.0 Accessing Your Personal Information
Individuals and members have the right to access their personal information under the control of CUPE BC, subject to limited exceptions. CUPE BC will make a reasonable effort to assist and to respond to each applicant as accurately and completely as reasonably possible.
A request for access to personal information must be made in writing and must provide sufficient detail to identify the personal information being sought. CUPE BC may require individuals to prove their identity before giving them access to their personal information.
Upon request, CUPE BC will also provide individuals with information about the ways in which their personal information is or has been used, and, if applicable, to whom it has been disclosed.
PIPA allows CUPE BC to charge a “minimal” fee for providing an individual with access to their personal information. We will keep any such fees to a minimum, covering only the staff time dedicated to recovering such information and copying such information. An estimate of any fees to be charged will be given in advance.
CUPE BC will provide the requested personal information within 30 business days after it is requested or we will give the individual written notice if we need more time to respond.
In some cases, CUPE BC may not give an individual access to certain personal information where authorized or required by PIPA to refuse access. CUPE BC will not disclose information that would reveal personal information about another individual or confidential business information that, if disclosed, could harm the competitive position of the organization.
If a request is refused in whole or in part, CUPE BC will tell the applicant in writing, providing reasons for the refusal and outlining further steps that are available to the applicant. In particular, members have the right to appeal a decision to refuse a request to the CUPE BC Executive Board. CUPE BC will make every reasonable effort to resolve the dispute without having to involve the Office of the Information and Privacy Commissioner for British Columbia (the “OIPC”). However, CUPE BC will inform applicants of their right to ask the OIPC to review the decision.
13.0 How to Complain, Ask for Access or Ask Questions
CUPE BC’s Privacy Officer or their designate is responsible for ensuring CUPE BC’s compliance with this policy and PIPA.
Individuals and members should direct any access requests, complaints, concerns or questions regarding CUPE BC’s compliance in writing to the Privacy Officer. If the Privacy Officer is unable to resolve the concern, members can request that their concerns be considered by the CUPE BC Executive Board. CUPE BC will make every reasonable effort to resolve the concerns without having to involve the OIPC. However, the individual or member may also write to the OIPC.
Contact CUPE BC’s Privacy Officer
Executive Director (Privacy Officer) – #410-6222 Willingdon Avenue, Burnaby, British Columbia, V5H 0G3
Email: firstname.lastname@example.org Phone: 604-291-9119