PROVINCE OF QUEBEC
MUNICIPALITY OF HINCHINBROOKE
MRC DE HAUT ST-LAURENT
Confidentiality policy of the municipality of Hinchinbrooke
Chapter I – Application and interpretation
CAI: Refers to the Commission for Access to Information created under the Access Act;
Life cycle: Refers to all the stages of existence of information held by the Municipality and more precisely its creation, modification, transfer, consultation, transmission, conservation, archiving, anonymization or destruction;
Sensitive Personal Information (or PI): Refers to any personal information that gives rise to a high degree of reasonable expectation of privacy for any individual, particularly because of the potential harm to the individual in the event of a confidentiality incident, such as financial information, medical information, biometric data, social security number, driver’s license number or sexual orientation;
Responsible for access to documents (or RAD): Designates the person who, in accordance with the Access Act , exercises this function and responds to requests for access to Municipality documents;
Responsible for the protection of personal information (or RPRP) : Refers to the person who, in accordance with the Access Act , exercises this function and ensures the protection of personal information held by the Municipality.
- Set out the guidelines and guiding principles intended to effectively ensure the confidentiality of any personal information collected by any technological means;
- Protect the confidentiality of any RP collected by the Municipality throughout its life cycle;
- Indicate the technological means used to collect any RP, the purposes for which it is collected and its processing within the Municipality;
- Ensure public confidence in the Municipality, demonstrate transparency regarding the processing of RP and the PRP measures applied by the Municipality and provide access to them when required.
Chapter II — Collection of personal information and consent
4. TYPES OF PERSONAL INFORMATION COLLECTED BY THE SERVICES
The Municipality determines, each year, the type of RP collected, the purposes for which it is collected, the category of employees of the Municipality having access to this RP and the means by which it is collected and collated in accordance with the table present in Appendix I of this Policy.
5. CONSENT TO THE COLLECTION OF PERSONAL INFORMATION
- Manifest : meaning that it is obvious and certain;
- Free : meaning that it is obvious and certain;
- Informed : which means that it is taken with full knowledge of the facts.
5.3. Except in the circumstances permitted by the Access Act, the Municipality does not transmit to a third party a PI concerning a person concerned without the specific consent of that person to such transfer.
- Following receipt of a form from the Municipality or any other document incorporating a request to obtain consent to the collection of personal information, by indicating your refusal by not signing the form and by notifying the employee of the Municipality who sent him the said form;
- During any procedure made directly on the Municipality’s website, in order to benefit from any service provided by the Municipality, by following the instructions in the place provided for the purpose of notifying one’s refusal;
- The refusal by a candidate employee to the collection of any PR for the purpose of evaluating his candidacy for any employment offered by the Municipality;
- Refusal by any owner of a building to be subject to a property assessment to the collection of any RP by the Municipality’s property assessment service for members;
Chapter III — Rights of access and rectification
6. ACCESS RIGHTS
6.1. Every person has the right to be informed of the existence of any RP concerning them and kept in a RP file, subject to the exceptions provided for in the Access Act;
6.2. Except as provided for in the Access Act, any person concerned has the right to receive information relating to any RP held by the Municipality concerning them;
6.4. When the person concerned is disabled, the Municipality takes reasonable accommodation measures to enable them to exercise the right of access provided for in this article 6. To this end, the Municipality takes into account the policy established under the section 26.5 of the Act ensuring the exercise of the rights of persons with disabilities with a view to their educational, professional and social integration (RLRQ c. E-20.1);
6.5. Access by a data subject to any PI relating to them is free of charge. However, fees not exceeding the cost of transcription, reproduction and transmission of the RP may be required from this person. The Municipality establishes the amount and terms of payment of these fees in compliance with the requirements of the Regulation respecting fees payable for the transcription, reproduction and transmission of documents and personal information, CQLR c A-2.1, r 3;
7. RIGHT OF RECTIFICATION
7.1. Any data subject who receives confirmation of the existence in a file of any PI concerning them may, if it is inaccurate, incomplete or ambiguous, demand that the file be rectified. The same applies if its collection, communication or conservation is not authorized by the Access Act;
7.3. The Municipality, when it accedes to a request for rectification of a file containing any RP, delivers free of charge to the requesting person concerned, a copy of any modified or added RP, or, as the case may be, a certificate of withdrawal of it. -this.
8. ACCESS OR RECTIFICATION PROCEDURE
8.4. This notice of receipt indicates the deadlines for responding to the request and the effect that the Access Act attaches to the failure, by the person responsible, to respect them. The said notice also informs the applicant of the recourse for review provided for in Division III of Chapter IV of the Access Act.
8.7. The RPRP must justify any refusal to grant a request and indicate the provision of the Access Act on which this refusal is based.
8.8. The RPRP renders its decision in writing and sends a copy to the applicant. It is accompanied by the text of the provision on which the refusal is based, if applicable, and a notice informing it of the recourse for review to the CAI provided for by section III of chapter IV of the Law on access and the time limit within which it can be exercised.
9. PRESERVATION AND PROTECTION OF PERSONAL INFORMATION
10. TRANSFERS OF PERSONAL INFORMATION OUTSIDE THE MUNICIPALITY
10.1. Except for authorization provided for in the Access Act or specific consent obtained for this purpose from the person concerned, the Municipality does not transfer any RP in favor of a third party outside the Municipality.
11. RIGHT OF ACCESS TO A MUNICIPALITY DOCUMENT
11.1. The Access Act applies to any document held by the Municipality, whether it is the Municipality which ensures their conservation or a third party.
11.3. Any person who requests it in writing has the right to access Municipality documents, except as provided for by the provisions of the Access Act. The right of access only concerns documents whose communication does not require calculations or comparison of information or special preparation;
11.7. The right of access is free. However, fees not exceeding the cost of its transcription, reproduction or transmission may be required from the requesting person in accordance with the Regulation respecting fees payable for the transcription, reproduction and transmission of documents and personal information (CQLR c. A-2.1, r. 3).
11.8. If the applicant is disabled, at their request, the Municipality takes reasonable accommodation measures to allow them to exercise the right of access provided for in this article 8. To this end, the Municipality takes into account the policy established in under section 26.5 of the Act ensuring the exercise of the rights of persons with disabilities with a view to their educational, professional and social integration (RLRQ c. E 20.1);
12. RESPONSIBLE FOR THE PROTECTION OF PERSONAL INFORMATION
Municipality of Hinchinbrooke A/S Director General
1056 Brook Road
Hinchinbrooke, QC. J0S 1A0
Chapter IV — Administratives measures
14. FINAL PROVISIONS
Adoption of policy: September 22, 2023