When a loss occurs, is it mandatory for the insured to give written consent for the collection and use of personal information?
Content under revision: Amendments to the Act respecting the protection of personal information in the private sector effective on September 22, 2023. Stay on the top of the changes by consulting La ChADExpress newsletter and our LinkedIn page.
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, make a note in the client-file of what was discussed and the information you provided, in particular the purpose for collecting this personal information, how the information will be used, the categories of individuals within the company who will have access to it, the place where the file will be kept, and the rights of access and rectification.
For a variety of reasons, the ChAD recommends using this form.
What the legislation says.
The Act respecting the Protection of personal information in the private sector provides that consent to the collection, communication or use of personal information must be manifest and enlightened, and must be given for specific purposes and for a set period of time. 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 object of the file;
(2) of the use which will be made of the information and the categories of persons who will have access to it within the enterprise;
(3) of the place where the file will be kept and of the rights of access and rectification.”
Using the ChAD’s form will allow you to comply with your legal and ethical obligations when recording the required information in the client-file.
The Written Word Remains
There are many good reasons to use the consent form. It enables you to clarify the concept of consent to the person concerned (claimants, insureds or third parties); 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 a nutshell, using the form makes your work easier, protects the various parties involved, and informs your insureds of 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 regarding the fact that consent was obtained and the means used to do so.
Renseignements personnels lors d’un sinistre : comprendre, utiliser et expliquer le formulaire de consentement [in French only]
To learn more, we suggest you take Renseignements personnels lors d’un sinistre : comprendre, utiliser et expliquer le formulaire de consentement (AF1020) [Personal information and claims: understanding, using and explaining the consent form (AF 1020), [in French only], a course given by Me Ingi Khouzam on ÉduChAD.