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Privacy policy

Administration

Privacy policy

PROVINCE OF QUEBEC

MUNICIPALITY OF HINCHINBROOKE

MRC DE HAUT ST-LAURENT

Confidentiality policy of the municipality of Hinchinbrooke

WHEREAS the Municipality of HINCHINBROOKE (hereinafter the “Municipality”) is a public body subject to the Act respecting access to documents held by public bodies and the protection of personal information, CQLR c. A -2.1 (hereinafter the “ Access Act ”») ;
WHEREAS the Municipality undertakes to protect the personal information it collects and processes within the framework of its activities in compliance with applicable laws and regulations;
WHEREAS the Access Act provides that a public body, including a municipal body, must adopt a confidentiality policy if it collects personal information by technological means;
WHEREAS such a policy must be published on the Municipality’s website and disseminated by any means likely to reach any person concerned;
CONSIDÉRANT QUE such policy applies in a complementary manner to the Administrative Policy concerning the rules of governance regarding the protection of personal information of the Municipality ;
WHEREAS to fulfill the obligations provided for in the Access Act, this Privacy Policy of the Municipality of Hinchinbrooke is hereby established.
CONSEQUENTLY, THE COUNCIL DECREES AS FOLLOWS:

Chapter I – Application and interpretation

1. DEFINITIONS

For the purposes of this policy, the following expressions or terms have the meanings set forth below:

CAI: Refers to the Commission for Access to Information created under the Access Act;

Council: Refers to the municipal council of the Municipality of Hinchinbrooke;
Employee: Refers to an elected official , manager or employee, full-time or part-time, permanent, seasonal or contractual;

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;

Access Act: Refers to the Act respecting access to documents held by public bodies and the protection of personal information, CQLR c. A -2.1;
Person concerned: Refers to any natural person for whom the Municipality collects, holds, communicates to a third party, destroys or anonymizes one or more personal information;
Stakeholder: Refers to a natural person in relation to the Municipality in the context of its activities and, without limiting the generality of the foregoing, an employee or a supplier;
PRP governance policy: Refers to the administrative policy concerning the governance rules regarding the protection of personal information of the Municipality;
PRP: Refers to the protection of personal information;
Personal information (or RP): Refers to any information which concerns a natural person and which allows them to be identified directly or indirectly, such as: postal address, telephone number, email or bank account number, whether the individual’s personal or professional data;

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.

2. GOALS

The Privacy Policy has the following objectives:

  • 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

3. CONFIDENTIALITY

3.1. The Municipality keeps any PI collected confidential and makes it accessible only to employees who need it in the performance of their duties.
3.2. The Municipality specifies its confidentiality practice when obtaining any consent from the person concerned to the collection of any PII.
3.3. The Municipality applies equivalent security measures, regardless of the sensitivity of the personal information held, in order to prevent attacks on their confidentiality and integrity, all subject to the exceptions provided for in the Access Act .

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

5.1 The Municipality does not collect and retain any personal information without the consent of the person concerned, subject to the exceptions provided for in the Access Act.
5.2. It is understood that consent is given for specific purposes, for a period necessary to achieve the purposes for which it is requested, and must be:
  1. Manifest : meaning that it is obvious and certain;
  2. Free : meaning that it is obvious and certain;
  3. 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.

5.4. Subject to the obligations of any law or regulation, a person concerned may refuse to consent to the collection of personal information and still receive services from the Municipality.
5.5. In order to express their refusal to the collection, use and possession of personal information concerning them, the person concerned must:
  • 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;
5.6. A data subject may be refused access to various Municipality services when they do not give their consent to the collection and holding of any PII.
5.7. Despite the above, a person concerned will be refused access to any Municipality service in the following circumstances:
  • 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;
5.8. Consent to the collection of any RP by means of a vocal or visual recording, entails the right for the Municipality to proceed with the reproduction or dissemination of any such recording, if this is justified according to the purposes for which it was made. been collected. Each reproduction is subject to the same rules for the protection of personal information.

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;

6.3. The Municipality provides access to information relating to any RP of the person concerned, allowing them to read it remotely or in the Municipality’s offices during the usual opening hours, i.e. from 9 to 4:30 p.m. Monday to Thursday and 9:00 a.m. to noon on Fridays, and to obtain a copy;

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;

6.6. When the Municipality intends to charge fees, it must inform the person concerned of the approximate amount that will be requested, before proceeding with the transcription, reproduction or transmission of the document.

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;

7.2. When the Municipality refuses in whole or in part to grant a request for rectification of a file, the person concerned may demand that this request be recorded;

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

8.1. A request for communication or rectification can only be considered if it is made in writing by a natural person proving their identity as the person concerned or as a representative, heir or successor or as liquidator of the estate, or beneficiary of life insurance or death benefit from the latter, or holder of parental authority even if the minor child is deceased.
8.2. Such request is addressed to the RPRP of the Municipality.
8.3. The RPRP notifies the applicant in writing of the date of receipt of their request.

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.

8.5. The person responsible responds to a request for communication or rectification diligently and at the latest within twenty days following the date of receipt.
8.6. If processing the request within the time limit provided for in this policy appears impossible to respect without harming the normal course of the Municipality’s activities, the RPRP may, before the expiry of this time limit, extend it for a period not exceeding not ten days and give notice to the applicant, by any means of communication allowing the person concerned to be reached.

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.

8.9. The RPRP ensures that the information subject to the request is kept for the time required to allow the requester to exhaust the remedies provided for in the Access Act.

9. PRESERVATION AND PROTECTION OF PERSONAL INFORMATION

9.1. The Municipality itself hosts and processes, in Quebec, any RP collected.
9.2. When the Municipality, in certain circumstances entrusts the collection, holding or processing of any RP, by a service provider in Quebec or outside Quebec, it takes the best possible measures to ensure that the rights of the data subjects provided for in this policy are respected by this supplier. The laws of jurisdictions outside Quebec may affect the rights of the persons concerned.

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.

10.2. Where any PI is transferred to a third party through technological means, the privacy policy of a third party organization, if any, will apply to such PI henceforth.

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.

11.2. The law also applies to any document whatever its form: written, graphic, audio, visual, computerized or other.

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;

11.4. The request for access to a document must, to be admissible, be sufficiently precise to enable it to be found.
11.5. The RAD must respond to a request for access no later than twenty days following the date of its receipt. If processing the request within the stipulated time limit seems impossible without harming the normal course of the Municipality’s activities, the person responsible for access to information may extend the time limit by a maximum of 10 days. He must then notify the requester, by any means of communication allowing the person concerned to be reached, within the first 20 days following receipt of the access request.
11.6. The requesting person may obtain a copy of the document, by any means of communication allowing it to be contacted, unless its reproduction would harm its conservation or raise serious practical difficulties due to its form. The right of access to a document can also be exercised by consultation on site during the Municipality’s usual working hours or remotely.

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);

11.9. The person responsible must give reasons for any refusal to grant a request and indicate the provision of the Access Act on which this refusal is based.

12. RESPONSIBLE FOR THE PROTECTION OF PERSONAL INFORMATION

12.1. Any request for access to a Municipality document to a document or file containing any RP must be sent in writing to the person responsible for access to information and the protection of personal information at the following contact details:

Municipality of Hinchinbrooke A/S Director General

1056 Brook Road

Hinchinbrooke, QC. J0S 1A0

12.2. Anyone can ask a question regarding this Municipality confidentiality policy.

Chapter IV — Administratives measures

13. COMPLAINTS

13.1. Any person who considers themselves wronged by the way in which the Municipality manages the protection of a PR can file a complaint by following the provisions of the Administrative Policy concerning the rules of governance regarding the protection of personal information of the municipality of HINCHINBROOKE published on the Municipality’s website.
13.2. When their written request for access to a Municipality document has been refused in whole or in part by the person responsible for access to information or in the case where the time limit for responding has expired, any requesting person may request to the Commission for Access to Information to review this decision. The request for review must be made in writing within 30 days following the date of the decision or the expiration of the deadline granted to the person responsible for access to information. She can briefly state the reasons why the decision should be reviewed.

14. FINAL PROVISIONS

14.1. This confidentiality policy must be published on the Municipality’s website in a section dedicated to it.
14.2. This confidentiality policy and any modification thereof come into force upon its adoption by the Municipality’s board of directors.
14.3. Any modification to this policy must be subject to consultation with the RPRP and must be preceded by a 15-day notice of modification published on the Municipality’s website.

Adam Antonopoulos

General manager

Adoption of policy: September 22, 2023

download-icon Annex 1 – Confidentiality policy (article 4)

Administration

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  • City Hall
  • 1056 chemin Brook
  • Hinchinbrooke (QC)   J0S 1A0
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450 264-5353

info@hinchinbrooke.com

© 2023 – Municipality of Hinchinbrooke – Privacy Policy – Une signature de Zel