Page 15 - CCCA64_2011

CCCA_V5No4_Dept-Privacy-FIN_CCCA_V1No2_Dept-CourtLeg-V1.qxd 11/20/11 9:59 PM Page 15 Top tips Privacy on handling breaches Use a crisis to hammer home the importance of safeguarding personal information. By Bev Cline o matter how hard your organiza- Ntion works to minimize the possi- bility of a privacy breach, chances are that you will have to deal with one at some point during your in-house coun- sel career. about it; Terry Roane Q.C., When that day comes,consider these tips: - what has been done to prevent some- Partner, Cox & Palmer, Halifax thing similar from happening again. Demographics and growing awareness Dean Scaletta, director, information have changed employee expectations about & litigation, Manitoba Public Jane Shapiro, senior vice-president, privacy, meaning in-house counsel must Insurance, Winnipeg Hill & Knowlton Canada, Toronto consider both privacy laws and privacy Privacy concerns arise in a variety of cir- You must be able to act quickly in urgent “values” when considering the privacy cumstances, many involving simple human situations, such as a data breach which interests of staff. error: A’s information goes into B’s enve- involves individuals’personal information. What happens when an employer lope,and B’s ends up inA’s;a letter destined It begins with preparation and practice. wants to use social networking in its for one customer goes to another with the The best plan in the world will not be selection and recruitment process? Or if same name, but different birth date. successful if nobody knows how to exe- the company wants to monitor employees In-house counsel can help with both cute it.We are asked by companies to pre- or convey personal information to a the legal response and minimizing the pare crisis plans, but if the team does not prospective employer at the end of an chances that the event will reoccur. Put practise it through simulation exercises, employment relationship? processes in place: for example, make sure they are not going to be able to deliver in envelopes aren’t sealed until every page has a timely fashion. In-house counsel are The basic rules around an employee’s been double-checked. Draft a reminder essential members of the team and need “personal information” are: about information security and post it on to be involved in all stages. • Collect only what you need to carry the organization’s intranet. out your business and do so in a fair As in-house counsel responsible for pri- Top tips for security breaches: and lawful way. vacy, you might feel like a voice in the • Be visible and transparent: Tell what • Use information only for the purpose wilderness at times.Remember that a crisis you know quickly. for which it was collected. can be the spark for discussions throughout • Be prepared for facts to evolve. • State your purpose and abide by it. the organization about the importance of • Work with regulators and politicians. • Ask yourself what a reasonable person safeguarding private information. • Recognize those affected. would consider reasonable in the cir- • Use all communications channels. cumstances. Top tips: • Demonstrate a solution;compliance is • Respond quickly and decisively. often not enough. From the panel “Ten privacy nightmares and • Where appropriate,notify and apologize. • Seamless co-ordination is essential with how to prevent them” at the CCCA 2011 • In the notification, be up front about legal, regulatory and public relations. Annual Meeting in Halifax. For more details ISTOCKPHOTO - what went wrong; • PR alone cannot solve a crisis; there and papers from other professional develop- ment sessions, visit: www.cancorpcounsel.org/ must be a business fix, with credible - what information was compromised; En/events/main/annual.aspx - what you have done (or are doing) communications. HIVER 2011 CCCA Canadian Corporate Counsel Association 15