Q. When a loss occurs, is it mandatory for the insured to give written consent for the collection and use of personal information?

R. Consent may be obtained either verbally or in writing. In the case of verbal consent, you must note in the client-file the relevant information on what was discussed and the information you provided, in particular the purposes for collecting this personal information, how the information will be used, who will be asked for the information or to whom the information will be communicated, and the rights of access and rectification.

For a number of reasons, the ChAD recommends using this this in-house form.

What the legislation says.

The Act respecting the Protection of personal information in the private sector stipulates that consent to the collection, communication or use of personal information must be clear, free and informed, and must be given for specific purposes.^[1] The Act does not, however, specify the form in which consent must be obtained.

Furthermore, “A person who collects personal information from the person concerned must, when establishing a file on that person, inform him

(1) of the purposes for which the information is collected;

(2) of the means by which the information is collected;

(3) of the rights of access and rectification provided by law; and

(3)  of the person’s right to withdraw consent to the communication or use of the information collected.”^[2]

Using the ChAD’s form will allow you to document the necessary information in the client-file while complying with your legal and ethical obligations.

The Written Word Remains

There are many good reasons to use the consent form. It enables you to educate the person concerned (claimants, insureds or third parties) regarding the concept of consent; confirm to a third party that consent has been obtained; and ensure that the person concerned has understood the extent of his or her consent. If necessary, it will also enable you to provide evidence that you explained to the insured how their information was handled.

In short, using the form makes your work easier, protects all the parties involved, and allows your insureds to know their rights. It also enables you to comply with your legal and ethical obligations and consolidate and record in a single document all the relevant information showing that consent was obtained, and the procedure used to do so.

^{[1] Section 14 of the Act respecting the Protection of personal information in the private sector.
[2] Section 8 of the Act respecting the Protection of personal information in the private sector.}