Q. Are we required to use the “Consent for the collection and communication of personal information” form when processing a commercial-lines insurance claim?

A. No, since business-related information is not personal information. You are therefore not required to use this type of form.

Personal information is any information which relates to a natural person and directly or indirectly allows that person to be identified.^[1]

This being said, the obligation to respect the confidentiality of the information collected remains intact in accordance with the Code of Ethics:

Claims adjusters must not disclose, other than in accordance with the law, personal or confidential information obtained nor use such information to the detriment of one of the parties involved or with a view to obtaining a benefit for themselves or another person.^[2]

While consent is not required in order to collect and use a business’s information, it may be necessary, for example, if you need to collect or disclose information about an individual, even in the course of processing a commercial insurance claim.

For example, processing a claim involves gathering information from a company employee concerning the circumstances of the loss, or from a third party who has been injured and is claiming damages from the company. In these situations, it is strongly recommended that you use the Consent for the collection and communication of personal information when making a claim form; it will make your work easier, protect all parties involved, enable you to comply with your legal and ethical obligations, and allow you to consolidate and record in a single document all the relevant information regarding having obtained consent and the means used to do so.  

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

^{[2] Section 23 of the Code of ethics of claims adjusters.}