Introduction

Alberta Lawyers Indemnity Association (“ALIA”) is the wholly owned subsidiary of the Law Society of Alberta (the “Law Society”), which regulates Alberta’s lawyers in the public interest. ALIA was established to provide the indemnity program (the “Program”) mandated by Part 5 of Alberta’s Legal Profession Act, RSA 2000, c L-8 (the “Act”).

In providing the Program as required by the Act and carrying out related educational and loss prevention activities, ALIA may collect, use, disclose and retain “Personal Information” as defined in Alberta’s Personal Information Protection Act, SA 2003, c P-6.5 (“PIPA”). Any reference to Personal Information in this privacy policy (this “Policy”) refers to Personal Information as defined in PIPA.

ALIA recognizes the importance of privacy and the sensitivity of Personal Information, which it collects, uses, discloses and retains in accordance with PIPA and the Personal Information Protection Act Regulation AR 366/2003.

This Policy outlines the principles and practices ALIA follows with respect to the collection, use, disclosure and retention of Personal Information. It applies to information collected through the ALIA website and other places or means by which ALIA may collect Personal Information, including from the Law Society. The principles and practises followed by the Law Society in dealing with Personal Information are contained in the Privacy Policy of the Law Society.

The Law Society regulates the legal profession in the public interest. Part 5 of the Act requires the Law Society or its subsidiary corporation to provide the Program required by the Act.

As the wholly owned subsidiary of the Law Society, ALIA provides the Program, protecting the members of the Law Society who are required to participate in the Program (“Subscribers”) and compensating members of the public who have experienced losses resulting from the acts or omissions of Subscribers. This protection and compensation involves professional liability and misappropriation coverage as set out in the annual Alberta Lawyers’ Professional Liability and Misappropriation Indemnity Group Policy (the “Group Policy”) provided by ALIA to Subscribers. Claimants against lawyers (“Claimants”) are not party to the Group Policy and have no rights under it. ALIA also arranges for the universal cyber coverage program that is provided by a commercial insurer (or insurers) to Subscribers and develops and carries on educational and loss prevention initiatives.

In providing the Program and carrying on its other activities, ALIA will fulfil all requirements to protect, collect, use, disclose and retain Personal Information under PIPA, the Act, the Rules of the Law Society (the “Rules”) and other applicable law.

In doing so, ALIA will ensure that it has reasonable security arrangements in place against such risks as unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of any Personal Information in its custody and control. ALIA has designated an individual to be responsible for ensuring ALIA complies with PIPA (the “Privacy Officer”). The Privacy Officer is responsible for ensuring that ALIA has the appropriate policies and practices in place to safeguard any Personal Information in its custody and control. The Privacy Officer also monitors compliance of those policies and processes with the requirements under PIPA and other applicable law.

Under section 1(1)(k) of PIPA, Personal Information is any information about an identifiable individual. This includes but is not limited to name, address, email address, phone number, age, gender and financial information. Any reference to Personal Information in this Policy refers to “personal information” as defined by PIPA.

Claims information is not subject to the same duties and responsibilities as Personal Information under PIPA. Generally, claims information is information provided by a Subscriber to ALIA for the purpose of reviewing, repairing, defending and/or settling a claim against the Subscriber. For further clarification, see the “Right to Seek Access to and Correction of Personal Information” section of this Policy.

In providing the Program and carrying on its other activities, ALIA collects, uses, discloses and retains Personal Information. The purposes for such collection, use, disclosure and retention include to:

  • collect, use and disclose Personal Information for any reasonable purposes as set out in the Rules or permitted by PIPA.
  • administer and manage claims and potential claims, including defending, repairing or settling claims, whether such claims or potential claims are reported by Subscribers and/or their law firms, by Claimants or by the Law Society;
  • conduct misappropriation investigations, including investigations by the Law Society pursuant to the Rules;
  • provide information to the Law Society to conduct Law Society Assurance Fund investigations and hearings, which can lead to an individual being compensated for funds misappropriated or wrongfully converted by a lawyer;
  • provide information to the Law Society to publish notices of unpaid fees and levies in accordance with the Rules;
  • audit and investigate compliance with filing and transaction levies, including the Civil Litigation Filing Levy;
  • provide information to the Law Society for regulatory purposes, including Law Society investigations and proceedings;
  • arrange for the provision of ALIA’s universal cyber coverage program to Subscribers;
  • support and facilitate the provision of administrative and other back-office services by the Law Society to ALIA;
  • establish, manage and terminate employment relationships between ALIA and its employees;
  • analyse data, including with respect to identifying claims trends;
  • develop, implement and carry out coverage, loss prevention and educational initiatives;
  • develop communications to the profession and Subscribers, including fraud alerts;
  • fulfil all duties and responsibilities under PIPA; and
  • collect, use and disclose Personal Information for any reasonable purposes as set out in the Rules or permitted by PIPA.

When it collects Personal Information, ALIA will:

  • communicate the purpose for the collection;
  • limit collection of the Personal Information to what is reasonable to achieve the purposes for collection or for a use that is consistent with those purposes;
  • be open and transparent about the Personal Information being collected; and
  • comply with PIPA, the Act, the Rules and this Policy.

ALIA will only collect Personal Information from other sources with consent from the individual or as authorized by PIPA.

When ALIA collects Personal Information directly from an individual, it will inform the individual of the purposes for collection of the Personal Information, except when the individual voluntarily provides the Personal Information for an obvious purpose.

Under PIPA, individuals have a right to request access to or seek correction of any Personal Information about them held by ALIA.

ALIA will use and disclose Personal Information only for the purposes for which it has consent from the individual, except as authorized by PIPA. If ALIA needs to use or disclose Personal Information for any new purpose, ALIA will seek the individual’s consent, unless consent is not required under sections 17, 18, 20 or 21 (as applicable) of PIPA.

Employees of ALIA collect, use and disclose Personal Information during their employment with ALIA. All ALIA employees complete the necessary training to appropriately handle Personal Information in accordance with PIPA, the Act, the Rules and ALIA’s policies and practices.

In carrying out its Program functions, ALIA handles privileged or confidential information between lawyers and their clients. When ALIA obtains privileged or confidential information from a lawyer, it undertakes all the obligations the lawyer would have in relation to that information, subject to the Act and the Rules. Where the privileged or confidential information is also Personal Information, ALIA also remains bound by its obligations under PIPA with respect to that Personal Information.

ALIA requires an individual’s consent to collect, use or disclose Personal Information, except in circumstances where it is otherwise authorized by PIPA. An individual’s consent is established if:

  • ALIA obtains the individual’s express written or oral consent;
  • the individual voluntarily provides Personal Information for an obvious purpose, including the investigation or review of a claim against or by such individual or any individual related to them;
  • the individual does not object to ALIA’s collection, use or disclosure of Personal Information within a reasonable time after ALIA has given the individual clear notice of its intention to do so; or
  • the individual’s Personal Information was collected before January 1, 2004, in which case ALIA can use and disclose the Personal Information for the purpose for which it was collected.

An individual may withdraw consent to the collection, use and disclosure of Personal Information at any time, unless ALIA needs the Personal Information to fulfil its legal and Program obligations, or if the collection, use or disclosure without consent is authorized by PIPA. If an individual decides not to give consent, or if the individual withdraws or varies it, ALIA may not be able to provide certain services.

ALIA may collect Personal Information about an individual without their consent in accordance with PIPA, including in the following circumstances:

  • the collection is clearly in the interests of the individual and consent cannot be obtained in a timely way or the individual would not reasonably be expected to withhold consent;
  • the collection is authorized or required by a statute or regulation of Alberta or Canada, a bylaw of a local government or a legislative instrument of the Law Society as a professional regulatory organization;
  • the collection is necessary to comply with an audit or inspection authorized by a statute or regulation of Alberta or Canada;
  • the collection is reasonable for the purposes of an investigation or a legal proceeding;
  • the Personal Information is publicly available;
  • the Personal Information is necessary to decide eligibility for an award or honour;
  • a credit reporting agency requires the collection for a credit report and the individual has told ALIA that it can disclose such Personal Information; or
  • ALIA needs the Personal Information to collect a debt or to repay money owed to the individual.

ALIA may use Personal Information about an individual without their consent for the same reasons listed above for collection or if the use of the Personal Information is:

  • for a purpose for which the Personal Information was collected;
  • necessary to respond to an emergency that threatens the life, health or security of an individual or the public; or
  • permitted under section 20 of PIPA in the context of another organization’s disclosure of Personal Information to ALIA.

ALIA may disclose Personal Information about an individual without their consent for the same reasons listed above for collection and use or if disclosure is:

  • necessary to contact next of kin or the surviving spouse or adult interdependent partner of a deceased individual.
  • in accordance with a treaty authorizing disclosure without consent (made under an Act or regulation of Alberta or Canada);
  • necessary to comply with a subpoena, a warrant or an order;
  • to a public body or law enforcement agency to assist in an investigation for a law enforcement proceeding;
  • to the surviving spouse or adult interdependent partner or to a relative of a deceased individual and the disclosure is reasonable;
  • for the purposes of protecting against fraud; or
  • necessary to contact next of kin or the surviving spouse or adult interdependent partner of a deceased individual.

ALIA protects Personal Information in a manner appropriate to its sensitivity and in accordance with PIPA. ALIA has reasonable security arrangements to prevent any unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of Personal Information.

When ALIA collects, uses or discloses Personal Information, it makes reasonable efforts to ensure that the Personal Information collected, used and disclosed is accurate and complete. An individual who is aware of any errors in their Personal Information may contact ALIA to request changes to their Personal Information. ALIA will make the requested changes where appropriate.

The appropriateness of a particular method of communication may be influenced by circumstances and by those whose privacy or confidentiality interests are involved.

Those working for or on behalf of ALIA must:

  • make reasonable efforts to minimize the risk of unintentional disclosure of Personal Information;
  • take special care to ensure that Personal Information is not overseen, overheard, accessed or lost when working from premises other than ALIA’s offices; and
  • take reasonable steps to protect Personal Information when travelling between locations.

ALIA does not sell any information to third parties.

All contractors having access to Personal Information in ALIA’s custody or control will be advised of this Policy and other applicable policies and processes to ensure the security and protection of Personal Information. All contractors will agree to abide by PIPA prior to commencing work.

ALIA reserves the right to contract out any services to third parties within its role as the provider of the Program. This contracting of services may include contracting out to third parties who are not located in Canada, including the United Kingdom and the United States. At all times, ALIA will ensure that each third-party contractor has the appropriate privacy safeguards in place to ensure all Personal Information is secure. If you have questions or concerns, please see the “Communicating with ALIA” section of this Policy.

Under PIPA, ALIA may retain Personal Information only for as long as it reasonably requires that Personal Information for business or legal purposes. Under its retention policy, ALIA may securely destroy Personal Information when the Personal Information is no longer required or transfer the Personal Information as authorized by law to the archivist for permanent retention.

For further clarification, please contact the Privacy Officer.

Under PIPA, an individual is entitled to:

  • seek access to their Personal Information in records in ALIA’s custody or control;
  • ask about ALIA’s use of their Personal Information and the names of persons to whom and the circumstances in which the Personal Information has been disclosed outside ALIA; and
  • request a correction of an error or omission they believe to be in their Personal Information.

Access or correction requests must be in writing and addressed to the Privacy Officer. The request must provide enough detail to enable ALIA to process the request. ALIA will respond to a request for Personal Information within 45 days, unless it extends the time as authorized by law, including under PIPA. ALIA may charge a reasonable fee to provide access to an individual’s Personal Information. No fee will be charged for a correction request. ALIA will advise the individual of any applicable fee before processing the request.

ALIA will not provide access to or a copy of Personal Information if:

  • the disclosure of that Personal Information could reasonably be expected to threaten the life or security of another individual;
  • the Personal Information would reveal Personal Information about another individual; or
  • the Personal Information would reveal the identity of an individual who has provided an opinion about another individual in confidence and has not consented to the disclosure of their identity.

ALIA may decide not to provide access to or a copy of Personal Information if, among other reasons permitted by PIPA:

  • the information is protected by legal privilege;
  • the information was collected for an investigation or legal proceeding; or
  • the disclosure of the information might result in that type of information no longer being provided to the organization when it is reasonable that that type of information would be provided.

When conducting an access to Personal Information request, ALIA may decide not to provide access to or information regarding any claims information to a Claimant. Generally, claims information is information provided by a Subscriber to ALIA for the purpose of reviewing, repairing, defending and/or settling a claim against the Subscriber. Such information is privileged and confidential and is not Personal Information about an individual. PIPA covers Personal Information only and, pursuant to the Privacy and Information Commissioner of Alberta’s Order P2006-004, the Commissioner does “not have jurisdiction over what information the Law Society decided to provide to … or to withhold from [the complainant] under its own processes”. ALIA provides the Program pursuant to the Act as part of the Law Society’s regulatory mandate. Accordingly, any information collected and held in the course of the administration and management of the Program is therefore not classified as Personal Information under PIPA for the purposes of an access to information request. Claims information, while it may be information in respect of an individual, is not Personal Information about an individual.

If an individual is not satisfied with the way ALIA has handled their Personal Information, they may submit a complaint to ALIA. The complaint will be investigated by the Privacy Officer, who will determine whether the handling of Personal Information complied with PIPA, ALIA’s policies and practices, the Rules and any other applicable law.

The Privacy Officer will make reasonable efforts to resolve complaints regarding Personal Information. The individual making the complaint will be informed of any progress or outcome of the investigation within 45 days of submission.

However, individuals can seek advice from the Office of the Information and Privacy Commissioner of Alberta (www.oipc.ab.ca). If appropriate, an individual can file a written complaint with the Commissioner’s office. Individuals are encouraged to submit a complaint to the Privacy Officer before consulting the Commissioner.

Information Collected from the Website

Personal Information collected on ALIA’s website is collected by ALIA. ALIA only collects Personal Information that is given by a user in their direct communication to ALIA through its website, such as when reporting a claim or contacting ALIA with feedback. This information is then stored in a secure database. Personal Information collected in such a situation may include first name, last name, telephone number, address and email address.

Personal Information may also be collected by the Law Society on the Law Society’s website and disclosed to and used and retained by ALIA. Please see the Law Society’s Privacy Policy.

Use and Protection

Personal Information collected through the various functions of ALIA is only accessible to members or employees of ALIA and, where ALIA is authorized or permitted to disclose information to the Law Society, the Law Society. Personal Information will only be used by ALIA for the purposes stated above or by the Law Society as set out in the Law Society’s Privacy Policy. If you have any concerns over ALIA’s use of your Personal Information, please contact the Privacy Officer.

Cookies

A cookie is a piece of data sent by a website and stored on the user’s computer when that website is accessed. The ALIA website does not collect any cookies.

ALIA collects and stores information such as the IP address from which a user accesses ALIA’s website, browser type, the date and time the user accessed the site and the internet address of the website from which the user was directed.

Third-Party Links

Any third-party sites linked from the ALIA website have their own separate privacy policies, including the Law Society website. ALIA therefore does not assume any liability or responsibility for the content and activities of these independent sites.

Terms and Conditions

By using this website, users accept the terms and conditions of this Policy. ALIA reserves the right to change this Policy from time to time. Please revisit this Policy from time to time to make sure you are familiar with ALIA’s current policy. The continued use of this website following any modifications to this Policy is considered acceptance of such changes.

If individuals have questions or concerns about ALIA’s administration of their Personal Information or if they wish to request access to or correction of their Personal Information in records in ALIA’s custody or control, they should contact the Privacy Officer at:

Alberta Lawyers Indemnity Association
Suite 700, 333 – 11th Avenue SW
Calgary, AB T2R 1L9
Email
Attention: Privacy Officer

If individuals are not satisfied with ALIA’s response or would like further clarification on a matter or complaint, they may contact the Office of the Information and Privacy Commissioner of Alberta at:

Office of the Information and Privacy Commissioner of Alberta
Suite 2460, 801 – 6th Avenue SW
Calgary, AB T2P 3W2
Telephone: (403) 297-2728, Toll Free: 1-888-878-4044
Email: generalinfo@oipc.ab.ca
Website: www.oipc.ab.ca