I. PURPOSE AND PRINCIPLES
The Personal Information Protection and Electronic Documents Act requires under section 3:
The purpose of this Part is to establish, in an era in which technology increasingly facilitates the circulation and exchange of information, rules to govern the collection, use, and disclosure of personal information in a manner that recognizes the right of privacy of individuals with respect to their personal information and the need of organizations to collect, use or disclose personal information for purposes that a reasonable person would consider appropriate in the circumstances.
The Manitoba Government and General Employees’ Union (MGEU) is committed to protecting the privacy of individuals in the collection, use and distribution of personal information. This Policy outlines how and why we collect personal information and the way in which it is used.
What is Personal Information
“Personal Information” is information about an identifiable individual but does not include the name, title or business address or telephone number of an employee of an organization. Therefore, information about an employee’s home address and telephone number and so forth is considered “personal information.”
MGEU is responsible for protecting your personal information in its custody, including personal information that has been transferred to, or received from a third party in the course of commercial activities for processing or other purposes for which you have consented.
II. PURPOSE OF COLLECTION OF PERSONAL INFORMATION
MGEU collects, uses and discloses personal information for one reason: to serve you better. Personal information is used to identify our membership, collect dues, provide benefits to you and communicate about the activities of the union.
The MGEU collects, uses and discloses your personal information to:
- Verify your identity (your S.I.N. is used for confirmation of your identity);
- Collect union dues
- Investigate, process, and arbitrate grievances;
- Comply with the law;
Personal information may be collected, used or disclosed for any of these “Identified Purposes” set out above. If your personal information is not needed for one of the Identified Purposes, we will not disclose it without obtaining additional consent from you.
The information gathered from you may be received from:
- Your membership application;
- Information you provide us through investigation, processing or arbitrating your grievance(s);
- From your employer.
No Consent Required
MGEU requires your knowledge and consent before we may collect, use or disclose your personal information, except in special circumstances. No consent is required for MGEU to:
- If the personal information is publicly available (for example, in a phone book);
- If knowledge and consent will compromise the availability and accuracy of the personal information and it is necessary to investigate a breach of an agreement or contravention of a law (for example, in a fraud investigation, an investigation by the police, or in situations otherwise permitted by the law);
- Information pertaining to your occupation or department is not considered “personal information” and therefore, no consent is required.
- In the same circumstances as in collection, and;
- In an emergency situation respecting that person
- To your lawyer;
- To collect a debt owed by the person the personal information is disclosed about;
- To comply with a law, subpoena, warrant or rules of court;
- To the authorities;
- In an emergency involving that person;
- 100 years after its gathered, 20 years after death;
- Publicly available personal information.
There may be certain cases where your consent will be explicit. For example, where a grievance is filed, you must consent to your representative(s) having access to your personnel file to properly investigate your grievance. That is, by signing a grievance form, you are consenting to the reasonable collection, use and disclosure of your personal information by MGEU for the purpose of resolving your grievance.
If any of the personal information that we collect is sensitive, such as health information, we will obtain additional written or oral consent from you before collecting, using or disclosing the information.
IV. LIMITATIONS ON USE, DISCLOSURE AND RETENTION OF PERSONAL INFORMATION
MGEU does not disclose sensitive information for a new purpose beyond that to which you have consented. You may withdraw your consent at any time upon reasonable notice, subject to legal or contractual restrictions. However, by withdrawing your consent, it may affect MGEU’s ability to continue to represent you or provide certain services.
Should you wish to withdraw your consent, please contact our Privacy Officer.
Depending upon the nature of your personal information, MGEU may retain it for an indefinite period of time. Once MGEU determines that the information is no longer required, it will be destroyed or personal identifiers will be removed.
V. SECURITY OF INFORMATION
MGEU ensures that all files are stored in cabinets or offices that are not accessible to members or local officers who are at the office. In addition, pass cards are required to gain access to the internal office past the reception area.
Access to Electronic Personal Information
In order to protect your electronic personal information, a login and password is required to access this information. Electronic personal information is protected through the use of firewalls to prevent third party access.
Destruction of Personal Information
MGEU shall take care when storing or destroying your personal information in order to prevent unauthorized access, or disclosure.
VI. ACCESS TO INFORMATION
A member may access their personal information by contacting the Privacy Officer in writing. The Privacy Officer will provide access to the worker’s personal information within 30 days. There may be a nominal cost for access, plus a reasonable photocopying or postal charge imposed.
Access will not be provided or may be restricted if access would reveal information that:
- Discloses a third party, unless it can be severed or it is an emergency
- Is the subject of litigation;
- Solicitor – Client Privilege;
- May harm another person’s life or security; or
- Could harm the union’s competitive position.
If information is inaccurate or incomplete, you have the right to have MGEU amend the information. If MGEU refuses to amend the information as requested, you may attach a notation to their file.
VII. THIRD PARTY ACCESS
MGEU does not sell personal information to third parties. However, there may be instances where third parties receive certain personal information. For example, when newsletters are distributed, address labels are provided to third parties for the sole purpose of distribution.
From time to time, MGEU may ask a third party to conduct a survey of its members. Participation is optional but information gathered may be of a personal nature. However, MGEU does not share any of this personal information and you are not identified in the results of the survey.
Where personal information is provided to third parties, MGEU ensures that agreements are in place with our third parties that they undertake to protect and secure that personal information from unauthorized or unintended use.
VIII. COMPLAINTS PROCEDURE
If you have a complaint related to this Policy or any of our procedures, please contact our Privacy Officer. If your complaint is justified, we will take the steps necessary to resolve the issue, including amending our Policy and practices, if necessary.
If we are unable to resolve your concern, you may contact the Office of the Privacy Commissioner of Canada, or if applicable, the provincial Privacy Commissioner.
You may contact the Privacy Commission at:
Address:112 Kent Street
IX. PRIVACY OFFICER
If you have any questions about this policy, you can direct your inquiries to our Privacy Officer at the telephone, e-mail address, or mailing address listed below.
For more information, to file a complaint, to make enquiries, or to opt out of all or parts of this Policy, please contact MGEU’s Privacy Officer.
Privacy Officer: Brent Smith
Address: 601 – 275 Broadway Avenue
Telephone No: (204) 982-6438
Fax No: (204) 982-2146
E-mail Address: email@example.com
This Policy may be updated from time to time as policies, procedures or technologies change.