#Deep link to this FAQ question
The knowledge and consent of the individual, express or implied, are required for the collection, use or disclosure of personal information by CHT, except where inappropriate.
Except when the under-noted limited exceptions apply, CHT will obtain the express consent of the individual for the purposes for which their personal information will be collected, used or disclosed. CHT will state the purposes in a form that the individual can reasonably be expected to understand.
CHT may use personal information to contact donors in a number of ways, including the following:
- personal communications with donors by a Board member, volunteer or employee;
- direct mailings to donors with newsletters, requests for donations;
- direct mailings to prospective donors;
- contacting donors by telephone to thank them for their donation;
- contacting donors by telephone to conduct donor research; and
- trading or renting donor or other fundraising lists
all of which are intended to advance the objectives of CHT by encouraging individuals to make donations to support CHT services.
CHT staff involved in obtaining the consent of individuals to the collection, use or disclosure of their personal information will be appropriately trained with respect to this policy.
Withdrawal of consent
An individual may withdraw their consent to collection, use or disclosure at any time, subject to legal or contractual restrictions and reasonable notice. CHT will inform the individual of the implications of such withdrawal of consent.
In appropriate circumstances, CHT will seek individual consent to the collection, use and disclosure of personal information by notifying individuals that they will be deemed to consent unless they expressly inform CHT to the contrary. CHT will ensure the individual is entitled to use a convenient method for such notification to CHT, including email, voicemail and other communication facilities that enable the client to communicate on a 24-hour basis with CHT.
Whatever mechanism is employed by CHT to seek express consent, it will fairly and reasonably draw the individual's attention to the issue of consent.
Disclosure to service providers and other third parties
CHT may transfer personal information to a third party for processing. In that regard, CHT will ensure such party will provide a comparable level of protection while the information is being processed by such party. This includes any trading or rental of fundraising or donor lists.
In circumstances where the individual's consent is not required, CHT may lawfully collect personal information without the knowledge or consent of the individual where:
- collection of the personal information is clearly in the interests of the individual and consent cannot be obtained in a timely way;
- it is reasonable to expect that collection of the personal information with the knowledge or consent of the individual would compromise the availability or accuracy of the information and the collection is reasonable for purposes of an investigation or a proceeding;
- the information is already publicly available and specified in the regulations;
- the collection is required or authorized by law; or
- the information is collected from another organization which collected it with the consent of the individual and the information is collected solely for the purposes for which it was previously collected and to assist that organization.
Further, as permitted by law, CHT may use personal information, without the knowledge or consent of the individual, in circumstances where:
- the use is clearly in the interests of the individual and consent could not be obtained in a timely way;
- the use is necessary for the medical treatment of the individual and the individual does not have the legal capacity to give consent;
- the use with the consent of the individual would compromise an investigation or proceeding and the use is reasonable for purposes related to an investigation or proceeding;
- it is reasonable to believe that the information could be useful in the investigation of a contravention of federal, provincial or foreign law, that has been, is being, or is about to be committed, and the information is used for the purpose of investigating that contravention;
- the information is used for the purpose of acting in respect of an emergency that threatens the life, health or security of an individual or the donor;
- the information is already available to the public and specified in the regulations;
- the use is required or authorized by law; or
- the information was collected from another organization without consent for one of the foregoing reasons, and is used solely for the purposes for which it was previously collected.
With respect to disclosure of personal information without express or implied consent, CHT, as permitted by law, may disclose personal information without the knowledge or consent of the individual if such disclosure:
- is made to a barrister or solicitor who is representing CHT;
- is made for the purposes of collecting a debt owed by the individual to CHT;
- is made in order to comply with a subpoena or warrant issued or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with the rules of court relating to the production of records;
- is made to a government institution or a part of it that has made a request for the information, identified its lawful authority to obtain the information and has indicated that:
- the information is requested for the purpose of enforcing any law of Canada, a province or a foreign jurisdiction, carrying out an investigation relating to the enforcement of any such law or the gathering of intelligence for the purpose of enforcing any such law, or
- the disclosure is requested for the purpose of administering any law of Canada or a province;
- is made by CHT to an investigative body, a government institution or part of one because CHT believes, reasonably, that the information relates to a breach of an agreement or a contravention of the laws of Canada, a province or a foreign jurisdiction that has been or is about to be committed;
- is made to a person who needs the information because of an emergency that threatens the life, health or security of an individual;
- is of information that is publicly available and is specified in the regulations of the Act; or
- is required by law.
CHT will notify a client that a subpoena, warrant or court order for the production of their personal information has been received, if the law allows it. It may notify clients by telephone or by letter to the client's last known address.