Personal Information
Personal information is information about an individual that can be used to identify said individual.
Under the Act respecting the protection of personal information in the private sector, all companies must adopt and implement measures to protect the personal information to which they have access. That holds true for the damage insurance industry. Certified professionals governed by the ChAD have a professional obligation to safeguard the confidentiality of the personal information that they obtain from insured parties in the course of their work. They must only use the information for the purposes for which it was obtained, unless a law or court order relieves them from that obligation1.
Their obligations
Section 23 of the Code of ethics of damage insurance representatives (agent and broker) states that: “A damage insurance representative must respect the secrecy of any personal information that he obtains about a client and use the personal information for the purposes for which he obtained it, unless he is relieved of that obligation by a provision of law or an order of a competent court.”
Section 22 of the Code of ethics of claims adjusters states that: “Claims adjusters must respect the confidentiality of all personal information obtained about a client and use the personal information for the purposes for which it was obtained, unless relieved of that obligation by a provision of law or an order of a competent court.
Protection of Personal Information
You will find information specifically about:
- Collecting and communicating personal information
- Using personal information
- Keeping and storing personal information
- Destroying personal information
- An individual’s right to access his/her personal information
Collection and Communication of Personal Information
The ChAD recommends using a consent form for the collection and communication of the insured claimant’s personal information in order to meet the requirements of the Act respecting the protection of personal information in the private sector.
Frequently asked questions
The ChAD answers eight frequently asked questions regarding the protection of personal information and the damage insurance industry. Agents, brokers and claims adjusters can refer to these questions for guidance in their day-to-day practice.
Legislation
Excerpts from legal texts regarding the protection of personal information
Overview of the relevant excerpts regarding personal information from the Act respecting the protection of personal information in the private sector, the Regulation respecting the keeping and preservation of books and registers and the codes of ethics for damage insurance representatives and claims adjusters.
