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Collection and Communication of Personal Information When Processing a Claim

When conducting an investigation, the claims adjuster must obtain the claimant’s authorization before collecting and communicating personal information concerning the loss. It is recommended that a consent form be used. This form will enable you to comply with the obligations provided for in your Code of Ethics and in the Act respecting the protection of personal information in the private sector (the ARPPIPS).

The ARPPIPS stipulates, in particular, that the claimant’s consent: 

  • must be clear, free and informed, and must be given for specific purposes; 
  • must be requested for each such purpose, in clear and simple language;
  • must be presented separately from any other information when the request for consent is made in writing;
  • is valid only for the length of time needed to achieve the purposes for which it was requested.

The ARPPIPS also stipulates that certain information must be communicated to the claimant before this collection, in particular:

  • the purpose(s) of the collection;
  • the means by which the information is gathered;
  • the rights to access and rectify personal information;
  • the right to withdraw one’s consent to communicate or use the information;
  • when necessary, the name of the third party for whom the collection is done;
  • the possibility that this information could be communicated outside Quebec.

In order to properly inform the claimant regarding the processing and use of this information in the context of a claim, it is important to clarify:

  • The identity of third parties or enterprises from whom the insured-claimant authorizes the collection of personal information;
  • The identity of third parties or enterprises to whom the personal information may be communicated; 
  • The nature of the information referred to or exchanged;
  • The length of time the information will be kept;