THE TELECOMMUNICATIONS EMPLOYEES ASSOCIATION OF MANITOBA
January 1, 2004
The Telecommunications Employees Association of Manitoba (TEAM) has created this Privacy Policy to comply with Canada’s Personal Information Protection and Electronic Document Act (“PIPEDA”) in order to demonstrate its commitment to the privacy of its membership. TEAM is recognized as the sole and exclusive Collective Bargaining Agent for all employees of MTS Communications Inc. and MTS Media Inc., who are both employed in their operations and covered by Certificate No. CLRB 8516-U or Certificate No. MLB 4066. This Policy Statement explains TEAM’s practices with respect to the collection, use, retention, security, disclosure and disposal of an employee’s personal information.
For the purposes of this Privacy Policy the term “personal information” means information about an identifiable individual, in any form such as:
¨ Name, ID numbers, address, home phone number, sex, personnel number;
¨ Opinions, evaluations, comments, or disciplinary actions; and,
¨ Pay scale, dues, net credited service date, member files, membership status, member date, mail code, company code, office phone number, position number, position title, existence of a dispute between MTS and the member.
The term “personal information” does not include information that does not identify specific individuals, such as aggregate statistics or anonymous data.
This Privacy Policy does not apply to publicly available information.
TEAM will conduct periodic reviews of this Privacy Policy to make sure that it remains current with evolving member expectations.
TEAM fully supports the principals of the Personal Information Protection and Electronic Documents Act and its ten privacy principals as follows:
1. Accountability
TEAM is responsible for personal information under its control and shall designate an individual or individuals who are accountable for TEAM’s compliance with the applicable Privacy Legislation. TEAM’s Privacy Officer is listed under paragraph 10 of this policy statement.
2. Identifying Purposes
TEAM collects, uses, obtains and discloses information about our members for the following purposes:
¨ To manage the terms of the Collective Agreement;
¨ To fulfill our agreements/commitments with our members;
¨ To enable us to communicate on a regular basis with our members;
¨ For internal purposes such as check-off matters;
¨ To operate/manage and organize our business, including maintaining accounting and tax records;
¨ To investigate and determine whether the Employer is in compliance with the requirements of the collective agreement and relevant federal and provincial legislation; and
¨ For any other purpose that you have expressly or implicitly authorized (e.g.: filing grievances, arbitration, etc.).
We do not sell, rent or authorize access to any personal information, collected about or from our members, to third parties.
Information collected in the context of our member/association relationship is ordinarily available to TEAM when reasonably required for any and all of the purposes listed above.
3. Consent
TEAM will collect, use, retain and disclose personal information about our members only with their knowledge and consent. The type of knowledge and consent required will vary according to the sensitivity of the information. Subsequent use of employee personal information will also require the knowledge and consent of the employee.
At all times, TEAM will take reasonable steps to ensure that a member, for whom information is being collected, understands the intended use of the same.
The personal information collected by TEAM will only be that information which is required for the representation of an individual by TEAM. Consent can be obtained explicitly (as in the case of sensitive or highly sensitive information) or implied (as in the case of less sensitive information). The way in which consent is obtained will vary depending on the sensitivity of the personal information being collected. A member’s consent can be give in several ways by such individual:
¨ Application forms (which give the individual the opportunity to provide consent to the collection for specified purposes);
¨ Signature on grievance forms;
¨ Orally (over the phone);
¨ Orally (in person).
TEAM can collect personal information about a member without the knowledge or consent of the member only if the collection of such information is clearly in the interests of the members and consents cannot be obtained quickly.
Personal information can be collect by TEAM about a member without consent if:
¨ Collection of personal information without the consent of the member can be done when the collection of only for journalistic, artistic or literary purposes.
¨ Collection of personal information without the consent of the member can be done when the information is already publicly available and specified by the regulations of “PIPEDA”.
In relation to information identified by TEAM in the course of carrying out its business activities, TEAM becomes aware that the employee has broken the law or is about to break the law; personal information may be used to assist in an investigation. The laws affected can be the laws of Canada, of a Province or Territory, or of a foreign jurisdiction. The grounds for making this kind of determination must be reasonable.
TEAM will use personal information of a member, without the individual’s consent, if the information is being used with respect to an emergency threatening and individual’s life, health or security.
TEAM can use personal information about a member if it has been collected and the collection is in the interests of the member and consent cannot be obtained quickly.
Disclosure of personal information without the consent of the member can be done when the matter is a case of law or of law enforcement. This includes disclosing personal information:
¨ To government or government agents, or a government institution (or part of an institution);
¨ In an emergency;
¨ For statistical or scholarly research;
¨ If the information is publicly available;
¨ If it is required by law.
If you wish to expand, narrow or withdraw your authorization to our collection, use or disclosure of your information, TEAM will ordinarily record your request and honour it, provided we have reasonable notice and can do so lawfully.
TEAM has an ongoing process which allows us to re-verify personal information of members on a regular basis, as is appropriate. TEAM does not make any assumption as to continued accuracy of personal information, which has been provided by an employee (e.g. home address).
All members are asked periodically to re-verify their personal information and if we do not receive a reply to a request for verification, TEAM will assume that our records of personal information are accurate.
Members may withdraw consent at any time. Withdrawal is subject to reasonable notice provided by the member to TEAM. TEAM is responsible for notifying the member of any implications resulting from the withdrawal of consent. Withdrawal of consent is also subject to legal or contractual restrictions, where applicable.
4. Limited Collection
Collection of personal information is limited to that which is required to fulfill the purposes outline in Section 2 above (“Identifying Purposes”), which we may change from time to time. Any use of personal information, by TEAM for any purpose other than the one identified at the time of collection requires the consent of the employee, unless it is required by law or in situations hereinbefore set forth, (paragraph 3 - Consent).
5. Limited Use, Disclosure and Retention
TEAM will only retain personal information for as long as is reasonably necessary. Personal information shall not be disclosed for purposes other than those for which it was collected, except with the consent of the individual, or when it is reasonably necessary for us to have personal information to respond to any issues arising out of our relationship that may need to be addressed at a later date, or for matters set forth in paragraph 3 - Consent. Personal information shall be retained only as is necessary for the fulfillment of those purposes.
TEAM may provide personal information to other persons only:
¨ When we have a member’s consent, whether express or implied;
¨ To our legal council who assist us, and whom we can reasonably trust to respect privacy; or
¨ When we are required or permitted by law to do so, or when we need to disclose the information to protect the interest of TEAM in the context of a legal or administrative proceeding;
¨ When the life, health and security of the member is threatened;
¨ In regard to matters set forth in paragraph 3 - Consent.
6. Accuracy
TEAM makes reasonable efforts to keep personal information as accurate, complete and up-to-date as necessary for the purposes for which it is used. If a member finds any errors in the personal information, which we have about him/her, he/she must let us know and we will make the appropriate corrections and make sure they are conveyed to anyone we may have misinformed. For personal information that remains in dispute, we will make a note of a member’s opinion in our records.
7. Safeguards
Security safeguards appropriate to the sensitivity of the information shall protect the personal information. TEAM will ensure that all personal documents and related information are stored in a safe and secure manner. Only authorized representatives of TEAM can access stored electronic information.
Our legal councils, as part of their contract with TEAM, are bound to maintain confidentiality and may not use personal information for any unauthorized purpose. Also, when we provide personal information in response to a legal inquiry we disclose only the information that is legally required.
Certain staff may have access to general information about our members through our database software program. Access to a member’s information is restricted to certain specified individuals who require that information for TEAM purposes.
All of our employees are aware of our security and privacy practices.
Computer servers that store personal information are kept in a secure environment.
Paper copies of information are kept in a secure environment.
When personal information is no longer reasonably necessary, it will be destroyed, erased or made anonymous, in an appropriate manner, depending upon the nature and source of the personal information.
8. Openness
TEAM’s Personal Information Protection Policy is available to any member requesting it. TEAM’s Privacy Policy is available on our website.
9. Individual Access
Upon request, a member shall be informed of the existence, use or disclosure of his/her personal information and shall be given access to that information. A member shall be able to challenge the accuracy and completeness of the information and have it amended as may be appropriate.
TEAM will respond to a member’s request within thirty (30) days.
Please note that we may not be able to provide personal information about the member from our records if it contains references to other members/persons, is subject to legal privilege, contains information proprietary to TEAM or cannot be disclosed for other legal reasons.
In the case of a disagreement relating to a request for rectification, TEAM retains the right not to make any form of rectification if we can prove that the file does not need to be rectified. TEAM is not required to make any rectification if the information was communicated to TEAM by the member or was collected with the consent of the member.
10. Updating this Privacy Policy
TEAM reserves the right to make reasonable changes to our Privacy Policy from time to time. Substantial changes will only come into effect after they have been implemented for a reasonable length of time. The revised version will be deemed to be an integral part of our agreement with you, as a member.
For More Information
If you have any concerns or questions about privacy and confidentiality - or any concerns about the way a request for personal information was handled - please direct your complaints or inquiries to our Privacy Officer.
Business Manager
Telecommunications Employees Association of Manitoba
Room 306
1 Wesley Avenue
Winnipeg, MB R3C 4C6
T: (204) 984-9471
F: (204) 231-2809