ALBERTA ASSOCIATION OF PRIVATE INVESTIGATORS
- CODE OF PRIVACY -

2. Identifying Purposes

The purposes for which personal information is collected shall be identified by the organization at or before the time the information is collected.

The purpose for which Members of the AAPI collect personal information is to facilitate the investigation of contraventions of the law and breaches of agreements.

Personal information collected as part of the investigation of a contravention of the law may include information pertaining to individuals involved in criminal activity, individuals suspected of involvement in criminal activity, individuals with knowledge of criminal activity, and individuals who may advance an investigation by providing information relating to the identity of those involved or suspected of criminal activity.

Personal information collected in the investigation of the breach of an agreement may pertain to individuals who are party to an agreement, individuals who have knowledge of the terms and conditions of an agreement, individuals who have knowledge of the breach of an agreement, or individuals who may advance an investigation by providing information relating to a breach of an agreement.

3. Consent

The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate.

In most instances, obtaining the knowledge and consent of individuals would defeat the purpose of an investigation. Personal information will only be collected, used and disclosed by Members of the AAPI without consent in accordance with section 7 of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c.5 (PIPEDA).

4. Limiting Collection

The collection of personal information shall be limited to that which is necessary for the purposes identified by the organization. Information shall be collected by fair and lawful means.

Members of the AAPI will collect information about individuals only if there are reasonable grounds to believe that the information relates to dishonest conduct, breaches of agreements or contraventions of the laws of Canada, a province, or a foreign jurisdiction. Members of the AAPI will only collect the personal information that is required for the preventative and investigative purposes set out above.

5. Limiting Use, Disclosure, and Retention

Personal information shall not be used or disclosed for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfillment of those purposes.

Members if the AAPI may only use or disclose personal information for the purposes for which it was collected. This includes keeping personal information for as long as may be necessary to satisfy such purpose. Members of the AAPI may disclose personal information only to law enforcement agencies, other investigative bodies or their clients for the purpose for which the personal information was collected.

Personal information in its possession of a Member of the AAPI will destroy once it is no longer required for the purpose for which it was collected.

6. Accuracy

Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.

Members of the AAPI will ensure to the best of their ability that the personal information they collect, use, and disclose is accurate, complete, current, and relevant to the stated purpose.

7. Safeguards

Appropriate security safeguards to protect the sensitivity of personal information shall be employed.

Members of the AAPI will ensure that personal information is stored in secure manner. Hard copy files will be stored in locked file cabinets with restricted access or shall be held by other equally secure means as is appropriate to storage location. Electronic files will be stored in secure systems that include power-on password protection and a secure firewall. Safeguards shall be taken to ensure accurate and appropriate distribution of electronic files will be employed. Distribution of personal information will be on a need-to-know basis.

8. Openness

An organization shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.

Members of the AAPI will make available to the public easily understandable information about the Member Company, its privacy policies, this Code of Privacy. This information may be presented in hard copy, electronic form or through the AAPI web site www.alberta-investigators.org.

9. Individual Access

Upon request, an individual shall be informed of the existence, use, and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

In accordance with paragraph 9(3)(c.1) of PIPEDA, if such disclosure does not defeat the purposes for which the information was collected, each Member of the AAPI will, upon request by an individual, advise the individual whether the Member has personal information concerning him or her, what that information is, what it is being used for and to whom their information has been disclosed.

If the individual can provide prove an error in the personal information held by a Member of the AAPI, the Member will amend the information and send the corrected information to others who have used the incorrect information. If the individual challenges certain information but cannot disprove its accuracy, the Member will note the challenge so that those using the information will be aware of the unresolved challenge.

If a Member of the AAPI denies an individual's request for access, the Member will state the reasons for the denial and advise the individual of his or her right to appeal to the Office of the Privacy Commissioner of Canada or Alberta as the case may be.

10. Challenging Compliance

An individual shall be able to address a challenge concerning compliance with the above principles to the designated individual or individuals accountable for the organization's privacy compliance.

Members of the AAPI shall post on their website or publish by other means and file with the AAPI Ethics Committee its privacy policy and the name of the Member agency's privacy officer.

Individuals may send complaints with respect to a Member of the AAPI's compliance with its own privacy policies and procedures to the AAPI Ethics Committee. The AAPI Ethics Committee will investigate the complaint and respond to the individual. If the AAPI Ethics Committee finds that the Member is in violation of the AAPI Code of Privacy, the Member will have thirty days in which to change its policies or procedures and where applicable, remedy the situation giving rise to the complaint. If the individual is still not satisfied, he or she will be advised by the AAPI Ethics Committee of his or her right to appeal to the Office of the Privacy Commissioner of Canada or Alberta as the case may be.