WestPro Group of Companies
Management of Personal Information Policy

Preamble

Because the WESTPRO GROUP OF COMPANIES (hereinafter referred to as “WestPro”) has a long history of respecting and protecting the privacy of its customers, this Privacy Policy affirms WestPro’s commitment to keep personal information confidential, accurate and secure and to adhere to standards for the management of personal information with regards to its collection, use, retention and disclosure. It also affirms WestPro’s commitment to abide by all Federal and Provincial privacy legislation.

Management of personal information is governed by a series of Federal and Provincial Acts.¹

The governing legislation ensures citizens’ right to privacy. Thus we have a clear obligation to inform people what personal information is collected and for what purposes, to store the information securely, to be clear about who has access to that information and to inform people what information will be shared in what circumstances. We also have an obligation to let people access information about themselves and to request that inaccurate information be corrected.

Definition of Personal Information

“Personal information” is information in any form (oral, electronic or written) about an identifiable individual, including but not limited to:

• name and address, contact information including phone number
• age, gender, family and marital status
• legal identification or identifying numbers, including birth certificate, marriage certificate, BC ID, SIN, PHN, etc.
• employment information
• occupation, income and earnings
• medical and health information including physical or mental disability, medications, and medical history
• current and previous insurance and claims experience
• current and previous medical assessments, observations and opinions including both formal and informal (log notes and progress reports) information
• receipts, statements or other supporting material related to claims for reimbursement of medical or related expenditures
• the names of family members in relation to information provided with respect to beneficiary, next of kin, emergency contact and other information directly related to the provision of group benefits or required by group benefit providers
• Personal information is not information which is collected from a publicly listed written or online directory, an individual’s name, title, business address or business telephone number in respect of an employer/employee relationship within an organization, or information that is summarized in such a manner that it cannot be connected to a person.

Defining Scope

WestPro believes that, as the custodians of personal information of our clients’ employees, responsibility for protecting this information rests with all WestPro employees and third parties with whom it has a business relationship. This Privacy Policy sets high standards for all WestPro employees entrusted with the personal information of WestPro’s clients. WestPro’s clients may include corporations, unions, benefits trusts and other organizations who are our client’s clients.

Privacy Policy

WestPro is committed to protecting the privacy, confidentiality, accuracy and security of the personal information that it collects, uses, retains and discloses in the course of conducting business.

WestPro will only collect and maintain personal information that is required to properly and efficiently serve our clients.

WestPro will inform people which information is being collected, how it will be collected, for what purposes it is being collected and with whom the information will be or may be shared. Personal information will be collected directly from the individual whenever and wherever possible.

WestPro will seek consent for the collection, maintenance or sharing of information from the following:

• our clients;
• individuals employed by our clients on behalf of themselves and their dependants;
• members of benefits trusts;
• trustees of benefit trusts;
• parents, guardians or family members for dependent adults who may have diminished capacity to provide informed consent.²
• WestPro will take reasonable measures to ensure that personal information maintained, used or collected is accurate. Individuals, whose personal information we maintain, will have the right to review their information upon request and to request changes where they believe it is inaccurate.

WestPro will take measures to protect the privacy of personal information that is collected through (a) administrative procedures, (b) physical safeguards, and (c) technical security services and mechanisms.

Responsibilities

WestPro’s senior management has delegated responsibility for ensuring compliance with this Privacy Policy to WestPro’s Chief Privacy Officer. The Privacy Officer is responsible for ensuring that all Managers have access to training, materials and resources necessary to ensure compliance with this Privacy Policy.
Managers are responsible for:

• knowing and understanding this Privacy Policy and its associated standards, practices and procedures;
• ensuring that all users understand their obligation to protect personal information; and
  implement appropriate privacy measures in their departments.

Amendment

WestPro reserves the right to amend or alter this Privacy Policy through the process of policy amendment approved from time-to-time by the Board of Directors or their designate.

Information Management Standards – The People We Serve

Accountability

WestPro is responsible for personal information under its control and has appointed Annette Bartsch, Director of Finance, as Chief Privacy Officer to be accountable for compliance with this Privacy Policy and associated standards, practices and procedures as well as dealing with concerns of interested parties.

Annette can be contacted at:

Annette Bartsch
WestPro Benefit Systems
#246, 1959-152nd Street
White Rock, BC V4A 9E3
(604)536-8887
abartsch@westprobenefits.com

Purposes of Collection/Use of Information

WestPro collects, uses and discloses personal information about the children and adults that it serves and their families as an integral part of providing group benefit insurance and services and keeping benefits in force. On a day-to-day basis we collect relevant personal information from employees, employers, insurance companies and a variety of other sources for the following purposes:

• to enrol an employee in a benefit plan or plans and to assess eligibility of the employee and their dependants for benefits and services
• to confirm employee’s or dependant’s identity and coverage
• to maintain benefit plan coverage for an employee or dependant of an employee
• to verify employment and salary information
• to assist in the processing and prompt payment of claims against a benefit plan
• to contact, respond to inquiries from and/or communicate with an employee or a dependant of an employee
• to administer and to direct others administering benefit plans on behalf of an employer, and employee or the dependant of an employee
• to provide appropriate information about an employee and the employee’s benefits to their employer
• to respond to inquiries from benefit plan providers
• to collect beneficiary information
• to protect against error or fraud
• to meet the regulatory or contractual requirements relating to the insurance products and services provided to employees

Consent

WestPro will not require any individual to consent to the collection, use or disclosure of their personal information beyond that which is reasonably required to fulfill the specified purposes for the product or service being provided.

We do not obtain consent to collect information, or the information itself, through deceptive means. The method and purpose of collection will be reasonable in relation to the product or service for which the information is being collected. Consent can be provided expressly, implicitly or through an authorized representative.

For group insurance, the consent for the collection, maintenance and sharing of personal information will be signed at the time of enrolment into benefit plans. Consent will define what information will be collected, maintained and shared, and for what purposes. The act of enrolment of an employee or an application by an individual for insurance coverage provides consent by them to use their personal information to enrol in the benefits plan and administer the coverage. When a group insured completes an enrolment form, they are giving us consent to use and disclose their personal information to provide them and/or their dependants with certain coverages and administer the group benefit plan. Similarly, when they submit a claim form, they are giving us written consent to use and disclose their personal information to process the claim and administer the benefit plan and coverage.

We will rely on implied consent to continue to use personal information which WestPro has collected prior to January 1, 2004 for all policies which were in effect prior to the collection or express consent where the policy or plan remains in effect as of January 1, 2004. New consent will be obtained before that information will be used or disclosed for a new purpose. To communicate to existing policyholders how WestPro uses their personal information, it has provided all plan members with its Privacy Message prior to implementation of PIPEDA of January 1, 2004.

When an individual refuses to provide, or withdraws consent to use personal information, WestPro will not unreasonably withhold products, services or information; but the products, services or information it may be able to provide may be significantly limited. (e.g., the withdrawal of consent may result in WestPro no longer being able to administer a benefit or coverage for the individual).

Information Collected

WestPro ensures that the collection of personal information is limited to that which is necessary for the purpose(s) identified. The information we may collect and maintain about an identifiable individual, may include but not be limited to:

• name and address, contact information including phone number
• age, gender, family and marital status
• legal identification or identifying numbers, including birth certificate, marriage certificate, BC ID, SIN, PHN, etc.
• employment information
• occupation, income and earnings
• medical and health information including physical or mental disability, medications, and smoker status
• current and previous insurance and claims experience
• current and previous medical assessments, observations and opinions including both formal and informal (log notes and progress reports) information
• receipts, statements or other supporting material related to claims for reimbursement of medical or related expenditures
• the names of family members in relation to information provided with respect to beneficiary, next of kin, emergency contact and other information directly related to the provision of group benefits or required by group benefit providers

Personal information will be collected primarily directly from the applicant, claimant, or other official authorized to provide the information to WestPro. Information may be collected in the following ways:

• Directly from an employee and/or a dependant of an employee
• By compilation of records, notes, or other material provided by an employer on behalf of an employee or the dependant of an employee
• From other sources such as providers of benefit plans, medical practioners and other healthcare specialists, rehabilitation and return-to-work professionals, other healthcare or related consultants, etc.
• Electronically from employers and providers of benefit plans

Limiting Use, Disclosure and Retention - Sharing of Information

Consent will be obtained to use or disclose information for purposes other than those for which it was collected. Information will only be retained for as long as necessary to fulfill the purposes for which it was collected or as required by law.

Under the terms of the benefit plans provided by WestPro to employers and under terms established by providers of benefit plans to WestPro, we may collect, use and disclose employee information with other agents, brokers, plan administrators, insurers, and/or any other person, corporation, firm or enterprise. This would only be done as reasonably required to fulfill our delivery or service requirements.

The information that we collect can be divided into four categories: information we must share, information we will share, information we may share and information we will not share.

Must Share

Information that we must share includes:

• Information that we are required to share to ensure provision of benefits to the employee or the dependant of an employee;
• Information that we are required to share to ensure payment of a claim for medical or related treatment, services or goods.

Will Share

Information that we will share includes information that is non-identifying to an individual or a group of individuals but which constitutes statistical information which is useful for measuring effectiveness of planning, assessing or evaluating the effectiveness of benefit plan coverages or for estimating the costs of various coverage alternatives.

May Share

Information that we may share includes information that is necessary to fulfill the expectations of an employee or the dependant of an employee including the provision of benefit plan coverage and the payment of claims made under those plans.

Will Not Share

Information that we will not share is:

• Information that is not relevant to an individual situation or not absolutely necessary for the effective provision of benefit plan coverages;
• Information that we are prohibited from sharing by Court Order, law or by policy that stems from relevant laws.

Accuracy and Periodic Review

WestPro will take every reasonable measure to ensure that personal information, which is maintained, used or shared, is accurate. Information that is discovered to be inaccurate will be immediately verified and corrected. During annual reviews and renewals of benefit plans every effort will be made to ensure that information is accurate.

Safeguards / Protection of Personal Information

Appropriate safeguards and security measures have been implemented to protect personal information from loss or theft and safeguard it against unauthorized use, access to, alteration, copying, destruction or disclosure. Personal information is protected regardless of the format in which it is held.

Right of Access to Information

WestPro shall ensure that individuals, their representatives, guardians, committees or where appropriate, family members, have the right to access all information collected and maintained by WestPro.

Right to Alter and/or Challenge Information

WestPro shall ensure that individuals, their representatives, guardians, committees or, where appropriate, family members, have the right to alter any information collected and maintained by WestPro for correctness and completeness and shall have the right to challenge information collected and maintained as to accuracy and completeness. Challenges unresolved between the individual, their representative, guardian, committee or family member and WestPro shall be referred to dispute resolution as herein described.

Any dispute arising from the application of this Privacy Policy or any matter that, in the determination of the Chief Privacy Officer, falls under the purview of this Privacy Policy, shall be resolved by decision of the Chief Privacy Officer. If the party bringing the dispute to the Chief Privacy Officer is not satisfied with the decision, the matter may be referred to the Board of Directors for a final decision.

¹. Federal Privacy and Personal Information Protection and Electronic Documents Acts and the Freedom of Information and Protection of Privacy Act.

². Despite the fact that family members do not have the legal right or authority to provide consent, current practice within the medical profession is to obtain consent from family members. This tends to mitigate against potential liability that would likely arise from a family member. Caregivers have done the same for decades but are moving to adopt Representation Agreements as a workable and less intrusive alternative to committeeship.