Privacy Policy
Lopatka Law Privacy Policy
This Privacy Policy outlines how Philip L. Lopatka Professional Corporation using the trade name and style of Lopatka Law ["Lopatka Law"] handles your personal information to protect your privacy.
Privacy Legislation
Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA.
These obligations extend to lawyers and law firms, including Lopatka Law.
In addition, the Personal Information Protection Act (“the Act”) regulates the way private sector organizations within Alberta collect, use and disclose personal information. “Personal Information” means information about an identifiable individual. This firm recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of our legal practice.
We recognize our professional obligation to maintain the confidentiality of our clients’ information, and also our obligations concerning all individuals’ personal information which we collect, use or disclose in our practice. This policy has been developed with those obligations in mind.
Personal Information
Personal information is defined in PIPEDA as information about an identifi able individual, but does not include the name, title or business address or telephone number of an employee of an organization. In other words, it does not include the information that one expects to find on a business card.
To be able to give legal advice to our clients, we need to collect all relevant facts and information that relate to our retainer and to the representation of our clients. We may also need business and credit information so we can ensure that we will be compensated for our services. This information will necessarily include personal information about our clients and about individuals other than our clients.
Collection, Use and Disclosure of Personal Information
In most cases, we obtain your consent to collect, use and disclose your personal information.
Generally, we collect your personal information directly from you at the start of or during the course of your retainer with our firm. Sometimes we may obtain information about you from other sources such as a government registry or other professionals who serve you.
It is important that the information that we have on file be accurate and up-to-date. If, during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes. We may also ask you from time to time whether your personal information is up-to-date.
Where practical, we will try to collect personal information directly from the person to whom the information pertains. Where necessary, we will collect personal information from other sources.
The Act provides that an individual is deemed to consent to the collection, use or disclosure of personal information about that individual for a particular purpose if the individual voluntarily provides the information for that purpose, and it is reasonable that a person would voluntarily provide that information.
By retaining this firm for legal advice or representation, we consider that an individual consents to our collection, use or disclosure of the individual’s personal information as necessary to properly advise and represent the individual.
It is our policy to collect personal information about individuals other than our clients in accordance with the provisions of the Act.
When we collect personal information about individuals directly from them, except when their consent to the collection is deemed, we will tell them the purpose for which the information is collected, and the name of a person who can answer questions about the collection.
The Act also permits us to collect, use or disclose personal information about an individual in some circumstances without the individual’s consent. Such circumstances include (but are not limited) to situations in which:
• the collection, use or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way;
• collection, use, or disclosure is reasonable for the purposes of an investigation or proceeding;
• the personal information is available to the public from a prescribed source; or
• the collection, use, or disclosure is required or authorized by a statute or regulation of Alberta or Canada.
When we collect, use or disclose personal information, we will make reasonable efforts to ensure that it is accurate and complete. The Act also allows us, for legal or business purposes, to retain personal information for as long as is reasonable.
In addition to the foregoing we may use your personal information to provide legal advice and services to you, to issue invoices and to maintain our database of clients. In addition, if you apply for a position with Lopatka Law, we will use your personal information to assess your candidacy. Lastly, we may use your contact information (name, e-mail and postal address) so that we may communicate with you about recent developments in the law, keep you abreast of Lopatka Law news and invite you to our firm events.
Generally, we do not disclose your personal information to third parties without your consent unless permitted or required by applicable laws or court orders. The following are some examples where we may disclose your personal information: such disclosure is necessary to collect fees or disbursements; we contract with a third party to provide us with certain services such as archival fi le storage or insurance. (In such cases, we will use contractual or other means to ensure the third party service provider is bound by obligations regarding privacy which are consistent with this policy); or we engage expert witnesses or other law firms on your behalf.
You may withdraw your consent to our collection, use and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to our collection, use and disclosure of your personal information may impact our ability to represent you and provide you with legal advice. You can ask us not to send you marketing communications by following the opt-out instructions in each communication or you may let us know by contacting us.
Securing and Safeguarding of Personal Information
We recognize our professional and legal obligations to protect the confidential information of our clients. We recognize as well our legal obligations to protect the personal information we have gathered about our clients and about other individuals during the course of our practice of law.
We have therefore made arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information.
Lopatka Law uses various safeguards to ensure that your personal information is protected against loss, theft, misuse, unauthorized access, disclosure, copying or alteration. These include: security of our physical premises; our professional obligations; security software and firewalls to prevent unauthorized computer access or “hacking”; and internal passwords that restrict access to our electronic files.
Requests to Access to your Personal Information
You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law.
The law permits individuals to submit written requests to us to provide them with:
• their personal information under our custody or control;
• information about the purposes for which their personal information under our custody or control has been and is being used by us; and
• the names of persons to whom and the circumstances in which their personal information has been and is being disclosed by us.
We will respond to requests in the time allowed by the Act and will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably possible. All requests may be subject to any fees and disbursements the law permits us to charge.
An individual’s ability to access his or her personal information under our control is not absolute. The law provides that we must not disclose personal information where:
• the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;
• the disclosure would reveal personal information about another individual; or
• the disclosure would reveal the identity of an individual who has in confidence provided us with an opinion about another individual and the individual providing the opinion does not consent to the disclosure of his or her identity.
The law further provides that we may choose not to disclose personal information where:
• the personal information is protected by any legal privilege;
• the disclosure of the information would reveal confidential commercial information and it is not unreasonable to withhold that information;
• the personal information was collected by us for an investigation or legal proceeding;
• the disclosure of the personal information might result in similar information no longer being provided to us when it is reasonable that it would be provided;
• the personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act
- under an agreement,
- under an enactment, or
- by a court; or
• the personal information relates to or may be used in the exercise of prosecutorial discretion.
The Act indicates that it is not to be applied so as to affect any legal privilege. We will not disclose information that is privileged where the applicant is not the client in whom the privilege is vested.
Requests for Correction of Personal Information
The law permits individuals to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control. We will:
• correct the personal information and, if reasonable to do so, send correction notifications to any other organizations to whom we disclosed the incorrect information; or
• decide not to correct the personal information but annotate the personal information that a correction was requested but not made.
Challenging Compliance
Lopatka Law will respond to inquiries about its policies and practices relating to its handling of your personal information. Lopatka Law will investigate all complaints and will respond within a reasonable period of time of receipt of a written inquiry. If the complaint is found to be justified, Lopatka Law will take appropriate measures to resolve it, including, if necessary, amending this Policy and its procedures.
Website Privacy
Like most other commercial websites, we may monitor traffic patterns, site usage and related site information to optimize your visit to our website.
We may use "cookies" track your preferences and activities on the www.lopatkalaw.ca website or an affiliate website. Cookies are small data files transferred to your computer's hard drive by a website. They keep record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information , including, the number of Tims that you access a site, registration information and the number of times that you view a particular page on the site. The use of cookies is a common practice adopted by most major sites to better serve the visitors to their website. Most browsers are designed to accept cookies, and most browser can also be modified to block cookies. Please see bower's help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the website's functions will not be avialalbe, and the user will lose some of the benefits of the site.
Our website server may automatically collect IP addresses. We may view the IP log from time to time, for example, to maintain the security of our website. We do not link the IP addresses to other personally identifiable information.
Privacy Contacts
If you have any questions or complaints about this Policy or the handling of your personal information, if you wish to withdraw your consent to our use of your personal information, or to request access to or update any information we have on file, please contact the lawyer with whom you are dealing, or contact:
Lopatka Law
220 - 5540 Windermere Boulevard NW
Edmonton, Alberta T6W 2Z8
Phone: 780.486.8602
Fax: 780.486.8690
Attention: Philip L. Lopatka
If you are dissatisfied with our handling of your personal information, we invite you to contact our Privacy Officer in writing, setting out the reasons for your concern. If you remain dissatisfied after our Privacy Officer has reviewed and responded to your concern, you may wish to contact the Office of the Information and Privacy Commissioner at:
Office of the Information and Privacy Commissioner (Calgary)
Suite 500, 640 - 5th Avenue SW
Calgary, AB T2P 3G4
Phone: (403) 297-2728
Fax: (403) 297-2711
Toll Free: 1-888-878-4044
Changes to this Privacy Policy
We may change this Privacy Policy from time to time. Any changes will be posted on our website at www.lopatkalaw.ca and will be made available upon request through a partner at Lopatka Law.
Please check from time to time to ensure you are aware of our current policy.
The policy is effective January 1, 2014.
This Privacy Policy outlines how Philip L. Lopatka Professional Corporation using the trade name and style of Lopatka Law ["Lopatka Law"] handles your personal information to protect your privacy.
Privacy Legislation
Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA.
These obligations extend to lawyers and law firms, including Lopatka Law.
In addition, the Personal Information Protection Act (“the Act”) regulates the way private sector organizations within Alberta collect, use and disclose personal information. “Personal Information” means information about an identifiable individual. This firm recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of our legal practice.
We recognize our professional obligation to maintain the confidentiality of our clients’ information, and also our obligations concerning all individuals’ personal information which we collect, use or disclose in our practice. This policy has been developed with those obligations in mind.
Personal Information
Personal information is defined in PIPEDA as information about an identifi able individual, but does not include the name, title or business address or telephone number of an employee of an organization. In other words, it does not include the information that one expects to find on a business card.
To be able to give legal advice to our clients, we need to collect all relevant facts and information that relate to our retainer and to the representation of our clients. We may also need business and credit information so we can ensure that we will be compensated for our services. This information will necessarily include personal information about our clients and about individuals other than our clients.
Collection, Use and Disclosure of Personal Information
In most cases, we obtain your consent to collect, use and disclose your personal information.
Generally, we collect your personal information directly from you at the start of or during the course of your retainer with our firm. Sometimes we may obtain information about you from other sources such as a government registry or other professionals who serve you.
It is important that the information that we have on file be accurate and up-to-date. If, during the course of the retainer, any of your information changes, please inform us so that we can make any necessary changes. We may also ask you from time to time whether your personal information is up-to-date.
Where practical, we will try to collect personal information directly from the person to whom the information pertains. Where necessary, we will collect personal information from other sources.
The Act provides that an individual is deemed to consent to the collection, use or disclosure of personal information about that individual for a particular purpose if the individual voluntarily provides the information for that purpose, and it is reasonable that a person would voluntarily provide that information.
By retaining this firm for legal advice or representation, we consider that an individual consents to our collection, use or disclosure of the individual’s personal information as necessary to properly advise and represent the individual.
It is our policy to collect personal information about individuals other than our clients in accordance with the provisions of the Act.
When we collect personal information about individuals directly from them, except when their consent to the collection is deemed, we will tell them the purpose for which the information is collected, and the name of a person who can answer questions about the collection.
The Act also permits us to collect, use or disclose personal information about an individual in some circumstances without the individual’s consent. Such circumstances include (but are not limited) to situations in which:
• the collection, use or disclosure is clearly in the interests of the individual and consent cannot be obtained in a timely way;
• collection, use, or disclosure is reasonable for the purposes of an investigation or proceeding;
• the personal information is available to the public from a prescribed source; or
• the collection, use, or disclosure is required or authorized by a statute or regulation of Alberta or Canada.
When we collect, use or disclose personal information, we will make reasonable efforts to ensure that it is accurate and complete. The Act also allows us, for legal or business purposes, to retain personal information for as long as is reasonable.
In addition to the foregoing we may use your personal information to provide legal advice and services to you, to issue invoices and to maintain our database of clients. In addition, if you apply for a position with Lopatka Law, we will use your personal information to assess your candidacy. Lastly, we may use your contact information (name, e-mail and postal address) so that we may communicate with you about recent developments in the law, keep you abreast of Lopatka Law news and invite you to our firm events.
Generally, we do not disclose your personal information to third parties without your consent unless permitted or required by applicable laws or court orders. The following are some examples where we may disclose your personal information: such disclosure is necessary to collect fees or disbursements; we contract with a third party to provide us with certain services such as archival fi le storage or insurance. (In such cases, we will use contractual or other means to ensure the third party service provider is bound by obligations regarding privacy which are consistent with this policy); or we engage expert witnesses or other law firms on your behalf.
You may withdraw your consent to our collection, use and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to our collection, use and disclosure of your personal information may impact our ability to represent you and provide you with legal advice. You can ask us not to send you marketing communications by following the opt-out instructions in each communication or you may let us know by contacting us.
Securing and Safeguarding of Personal Information
We recognize our professional and legal obligations to protect the confidential information of our clients. We recognize as well our legal obligations to protect the personal information we have gathered about our clients and about other individuals during the course of our practice of law.
We have therefore made arrangements to secure against the unauthorized access, collection, use, disclosure, copying, modification, disposal or destruction of personal information.
Lopatka Law uses various safeguards to ensure that your personal information is protected against loss, theft, misuse, unauthorized access, disclosure, copying or alteration. These include: security of our physical premises; our professional obligations; security software and firewalls to prevent unauthorized computer access or “hacking”; and internal passwords that restrict access to our electronic files.
Requests to Access to your Personal Information
You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law.
The law permits individuals to submit written requests to us to provide them with:
• their personal information under our custody or control;
• information about the purposes for which their personal information under our custody or control has been and is being used by us; and
• the names of persons to whom and the circumstances in which their personal information has been and is being disclosed by us.
We will respond to requests in the time allowed by the Act and will make a reasonable effort to assist applicants and to respond as accurately and completely as reasonably possible. All requests may be subject to any fees and disbursements the law permits us to charge.
An individual’s ability to access his or her personal information under our control is not absolute. The law provides that we must not disclose personal information where:
• the disclosure could reasonably be expected to threaten the safety or physical or mental health of an individual other than the individual who made the request;
• the disclosure would reveal personal information about another individual; or
• the disclosure would reveal the identity of an individual who has in confidence provided us with an opinion about another individual and the individual providing the opinion does not consent to the disclosure of his or her identity.
The law further provides that we may choose not to disclose personal information where:
• the personal information is protected by any legal privilege;
• the disclosure of the information would reveal confidential commercial information and it is not unreasonable to withhold that information;
• the personal information was collected by us for an investigation or legal proceeding;
• the disclosure of the personal information might result in similar information no longer being provided to us when it is reasonable that it would be provided;
• the personal information was collected or created by a mediator or arbitrator in the conduct of a mediation or arbitration for which he or she was appointed to act
- under an agreement,
- under an enactment, or
- by a court; or
• the personal information relates to or may be used in the exercise of prosecutorial discretion.
The Act indicates that it is not to be applied so as to affect any legal privilege. We will not disclose information that is privileged where the applicant is not the client in whom the privilege is vested.
Requests for Correction of Personal Information
The law permits individuals to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control. We will:
• correct the personal information and, if reasonable to do so, send correction notifications to any other organizations to whom we disclosed the incorrect information; or
• decide not to correct the personal information but annotate the personal information that a correction was requested but not made.
Challenging Compliance
Lopatka Law will respond to inquiries about its policies and practices relating to its handling of your personal information. Lopatka Law will investigate all complaints and will respond within a reasonable period of time of receipt of a written inquiry. If the complaint is found to be justified, Lopatka Law will take appropriate measures to resolve it, including, if necessary, amending this Policy and its procedures.
Website Privacy
Like most other commercial websites, we may monitor traffic patterns, site usage and related site information to optimize your visit to our website.
We may use "cookies" track your preferences and activities on the www.lopatkalaw.ca website or an affiliate website. Cookies are small data files transferred to your computer's hard drive by a website. They keep record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information , including, the number of Tims that you access a site, registration information and the number of times that you view a particular page on the site. The use of cookies is a common practice adopted by most major sites to better serve the visitors to their website. Most browsers are designed to accept cookies, and most browser can also be modified to block cookies. Please see bower's help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of the website's functions will not be avialalbe, and the user will lose some of the benefits of the site.
Our website server may automatically collect IP addresses. We may view the IP log from time to time, for example, to maintain the security of our website. We do not link the IP addresses to other personally identifiable information.
Privacy Contacts
If you have any questions or complaints about this Policy or the handling of your personal information, if you wish to withdraw your consent to our use of your personal information, or to request access to or update any information we have on file, please contact the lawyer with whom you are dealing, or contact:
Lopatka Law
220 - 5540 Windermere Boulevard NW
Edmonton, Alberta T6W 2Z8
Phone: 780.486.8602
Fax: 780.486.8690
Attention: Philip L. Lopatka
If you are dissatisfied with our handling of your personal information, we invite you to contact our Privacy Officer in writing, setting out the reasons for your concern. If you remain dissatisfied after our Privacy Officer has reviewed and responded to your concern, you may wish to contact the Office of the Information and Privacy Commissioner at:
Office of the Information and Privacy Commissioner (Calgary)
Suite 500, 640 - 5th Avenue SW
Calgary, AB T2P 3G4
Phone: (403) 297-2728
Fax: (403) 297-2711
Toll Free: 1-888-878-4044
Changes to this Privacy Policy
We may change this Privacy Policy from time to time. Any changes will be posted on our website at www.lopatkalaw.ca and will be made available upon request through a partner at Lopatka Law.
Please check from time to time to ensure you are aware of our current policy.
The policy is effective January 1, 2014.
Lopatka Law Reception Security Camera Policy
For the security of staff, customers, visitors and the protection of physical assets we may have security cameras located in our Reception area, and elsewhere, and this Video Surveillance Policy provides the framework for the same.
This Video Surveillance Policy provides a framework Philip L. Lopatka Professional Corporation, operating as Lopatka Law, [“Lopatka Law”] respecting the use of surveillance equipment, classifying information as confidential and determining security controls for protection of the information.
1. PURPOSE AND APPLICABILITY
1.1. Surveillance equipment (video and digital), both real time and stored images, of public areas is used to enhance the security of staff, customers, and visitors, as well as the protection of the physical assets of Lopatka Law. It is a means of improving the effectiveness in dealing with vandalism and other criminal acts, providing both deterrence and detection.
1.2. This policy excludes any recordings associated with solicitor-client privileged or privileged communications which should be taking place in private locations such as the offices or boardroom and public places such as the reception areas or hallway.
1.3. Surveillance equipment is any video surveillance technology such as video cameras, closed circuit television cameras, still frame cameras, digital cameras and time-lapse, that enables continuous or periodic viewing or monitoring.
2. POLICY
2.1. Surveillance equipment will be placed only in public areas such as the reception area and hallways, where those under surveillance would have no reasonable expectation of privacy.
2.2. Philip L. Lopatka, or such other personnel of Lopatka Law as may be designated from time to time, is responsible for the installation, maintenance, administration and operation of all surveillance systems on campus in accordance with all applicable laws and regulations governing surveillance. Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time will determine the location of the surveillance and reception equipment.
2.3. Personal information contained on the recordings will not be used or disclosed for purposes other than that described in this policy, except with the consent of the individual or as required by law.
2.4. Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time will have access to all real-time and recorded images resulting from the surveillance installations. Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time may monitor images actively.
2.5. Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time may designate access to surveillance to other entities who are responsible for a public area on campus as required on a needed basis only, which may include any owner / landlord or landlord’s agent. Those granted access must comply with this policy in relation to any surveillance.
3. GUIDELINES
3.1. Surveillance equipment will be installed in public areas only such as the reception areas and hallways. The surveillance equipment will be in operation 24 hours a day, every day.
3.2. Public spaces will be marked by signage to ensure that people entering the area are aware that surveillance is in operation. The exception to the posting of signage is when an installation is required specifically to capture inappropriate and/or unlawful behaviour arising from a history of such behaviour at that site and only under the approval of the Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time.
3.3. Surveillance recordings will not be shown to anyone other than Security personnel unless as approved by the Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time and deemed necessary for legal or safety purposes.
3.4. In the course of an investigation, if necessary, Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time may make recordings available to peace officers and those assisting them for the purpose of identifying individuals and providing evidence of an event. In the event of a release of a recording Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time will maintain a record documenting the purpose of the release, the date and time of the incident, the date and time of the release and the credentials of the person receiving the recording.
3.5. In the course of an investigation of an event that constitutes a criminal offence Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time may post the surveillance image of the suspect on appropriate websites for the purpose of identifying the suspect.
3.6. All surveillance recordings will be stored and secured in locked storage facilities. Recordings will be maintained for a minimum time of 28 days, and retained in accordance with all applicable Lopatka Law policies and procedures and conforming to all other laws and regulations.
3.7. This policy shall be reviewed and updated as appropriately determined from time to time by Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time.
3.8. This policy may be changed from time to time. Any changes will be posted on our website at www.lopatkalaw.ca and will be made available upon request through a lawyer at Lopatka Law.
3.9. Please check from time to time to ensure you are aware of our current policy.
3.10. The policy is effective January 1, 2018
Video Surveillance of Public Areas Appendix 1 Closed Circuit Television Code of Practice
1. Introduction
The Code of Practice establishes procedures for users of the Lopatka Law Closed Circuit Television (CCTV) system, which records images from areas to which the public has access from certain fixed locations throughout the business locations of Lopatka Law
2. Defining the Responsible Persons
Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time is the Head under the Alberta Freedom of Information and Protection of Privacy Act (“FOIPPA”) and is legally responsible for disclosure of information from Lopatka Law, and as well audits and oversees the ongoing management of the CCTV system.
3. Purpose and Principles of Monitoring
The key purpose of the CCTV system is public safety and protection of assets at the Lopatka Law
The goals of the CCTV system are:
To contribute to the safe environment at Lopatka Law
To improve the ability of Lopatka Law to preserve the safety and dignity of its personnel, customers and visitors, protect Lopatka Law assets, and respond to crime and antisocial behaviour occurring at Lopatka Law.
The objectives of the CCTV system are:
To deter crime, anti-social behavior and improper treatment of the personnel, customers and visitors of Lopatka Law;
Improve Lopatka Law’s response to incidents through enhanced monitoring
To use images recorded as evidence to identify suspects involved in criminal and other antisocial behaviour.
The monitoring procedures are performed according to the following principles:
CCTV monitoring shall be conducted in a manner consistent with all applicable statutes
CCTV monitoring shall be conducted in a professional, ethical and legal manner
CCTV operators shall be appropriately trained and supervised in the responsible use of the CCTV equipment
Camera locations and operation shall not provide visual access not available to the general public
The monitored areas shall have signs advising of the monitoring and recording of CCTV
Monitoring operators shall not monitor individuals in any manner which would constitute a violation of the Human Rights Code.
4. Management of the System
Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time oversees the management of the operation of the CCTV system and ensures the day to day compliance with the requirements of the Code of Practice. These responsibilities include:
Maintaining the security of information collected by the CCTV system
Controlling the storage and release of information recorded by the CCTV system
Ensuring those involved in operating the CCTV system do so in accordance with the Code of Practice
5. Camera Location
Cameras shall be located to monitor only areas to which the public have access such as the reception area and hallways. The view of the cameras is restricted to prohibit the viewing of private dwelling spaces. All operators have been made aware of the purpose(s) for which the cameras have been established and are prohibited from using the cameras for any other purpose. If cameras are adjustable by the operators, these adjustments are restricted so that operators cannot adjust or manipulate them to overlook spaces to which the public do not have access (e.g. private residences).
6. Signs
Signs shall be placed in the field of view of the cameras so that the public are aware that they are entering a zone which is covered by CCTV surveillance equipment. The signs shall be clearly visible to members of the public. The signs shall contain the following information or information to the effect as follows:
“Security cameras record activity in this area” or
“24 Hour Video Surveillance
Or such similar information as may be appropriate.
7. Public Input Process
Any individual who wishes to speak to Lopatka Law about the CCTV system, either to provide comment or to make a complaint, should contact Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time.
8. Audits
The auditing of Lopatka Law CCTV System is the responsibility of the Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time. Audits will be performed by reviewing a copy of the video camera information on site and consist of a review of a random selection ofrecorded information at various locations to ensure the camera monitors have complied with the Code of Practice and have not monitored individuals in any manner that would constitute a violation of the Human Rights Code.
9. Operators
The successful operation of the Lopatka Law CCTV system relies on operators being well disciplined, having integrity and dedication and maintaining the confidentiality that is required for the operation of the CCTV cameras. All CCTV operators are to be thorough vetted and privacy issues are to form a regular part of operator training. The operator is not permitted to use the pan, tilt and zoom features to view residential areas or to monitor individuals in any manner that would constitute a violation of the Prohibited Grounds of the Human Rights Code (e.g., ability (physical, mental, developmental, sensory), age, sex, sexual orientation, race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, family or marital status).
Camera operators are aware that recordings are subject to audit procedures and they may be required to justify their actions.
Actions of the camera operator when observing suspicious activity
The camera operator, upon observing suspicious activity may isolate the camera and is available use the pan, tilt and zoom features to determine if a response is required.
When a camera operator has determined that a response is required, the camera monitor should use the CCTV system to identify the involved parties for evidentiary purposes. This may include the surveillance of a person from one area to another.
The camera operator will notify the Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time upon observing an incident that requires the dispatch of a peace officer.
If possible the camera operator will maintain the focus of the camera on the incident and/or the immediate area if required until the incident has concluded.
The camera operator will make an entry in their issued notebook indicating weather conditions, date, time, incident type, start time and end time of the incident.
10. Ownership of Information
Ownership of the recorded material, in whatever medium, remains the property of Lopatka Law.
11. Access to Recorded Information
Access to recorded information is only permitted in accordance with this Code of Practice. Material may not under any circumstances be sold or used for commercial purposes or for the provision of entertainment.
Access to recorded information should be restricted to those responsible for the administration of the Lopatka Law CCTV system , Lopatka Law’s landlord and its agents and to law enforcement agencies where the images recorded would assist in a specific investigation.
12. Dealing with Incidents
The CCTV operator must notify and obtain approval from Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time to disclose CCTV camera computer images. All disclosure of CCTV images is to be logged reporting database, supported by the following information:
the date and time at which access was allowed or the date on which disclosure was made
the date and time of the images recorded on CCTV
the credentials of the person who was allowed access or to whom disclosure was made
the reason for allowing access or disclosure
For the security of staff, customers, visitors and the protection of physical assets we may have security cameras located in our Reception area, and elsewhere, and this Video Surveillance Policy provides the framework for the same.
This Video Surveillance Policy provides a framework Philip L. Lopatka Professional Corporation, operating as Lopatka Law, [“Lopatka Law”] respecting the use of surveillance equipment, classifying information as confidential and determining security controls for protection of the information.
1. PURPOSE AND APPLICABILITY
1.1. Surveillance equipment (video and digital), both real time and stored images, of public areas is used to enhance the security of staff, customers, and visitors, as well as the protection of the physical assets of Lopatka Law. It is a means of improving the effectiveness in dealing with vandalism and other criminal acts, providing both deterrence and detection.
1.2. This policy excludes any recordings associated with solicitor-client privileged or privileged communications which should be taking place in private locations such as the offices or boardroom and public places such as the reception areas or hallway.
1.3. Surveillance equipment is any video surveillance technology such as video cameras, closed circuit television cameras, still frame cameras, digital cameras and time-lapse, that enables continuous or periodic viewing or monitoring.
2. POLICY
2.1. Surveillance equipment will be placed only in public areas such as the reception area and hallways, where those under surveillance would have no reasonable expectation of privacy.
2.2. Philip L. Lopatka, or such other personnel of Lopatka Law as may be designated from time to time, is responsible for the installation, maintenance, administration and operation of all surveillance systems on campus in accordance with all applicable laws and regulations governing surveillance. Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time will determine the location of the surveillance and reception equipment.
2.3. Personal information contained on the recordings will not be used or disclosed for purposes other than that described in this policy, except with the consent of the individual or as required by law.
2.4. Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time will have access to all real-time and recorded images resulting from the surveillance installations. Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time may monitor images actively.
2.5. Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time may designate access to surveillance to other entities who are responsible for a public area on campus as required on a needed basis only, which may include any owner / landlord or landlord’s agent. Those granted access must comply with this policy in relation to any surveillance.
3. GUIDELINES
3.1. Surveillance equipment will be installed in public areas only such as the reception areas and hallways. The surveillance equipment will be in operation 24 hours a day, every day.
3.2. Public spaces will be marked by signage to ensure that people entering the area are aware that surveillance is in operation. The exception to the posting of signage is when an installation is required specifically to capture inappropriate and/or unlawful behaviour arising from a history of such behaviour at that site and only under the approval of the Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time.
3.3. Surveillance recordings will not be shown to anyone other than Security personnel unless as approved by the Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time and deemed necessary for legal or safety purposes.
3.4. In the course of an investigation, if necessary, Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time may make recordings available to peace officers and those assisting them for the purpose of identifying individuals and providing evidence of an event. In the event of a release of a recording Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time will maintain a record documenting the purpose of the release, the date and time of the incident, the date and time of the release and the credentials of the person receiving the recording.
3.5. In the course of an investigation of an event that constitutes a criminal offence Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time may post the surveillance image of the suspect on appropriate websites for the purpose of identifying the suspect.
3.6. All surveillance recordings will be stored and secured in locked storage facilities. Recordings will be maintained for a minimum time of 28 days, and retained in accordance with all applicable Lopatka Law policies and procedures and conforming to all other laws and regulations.
3.7. This policy shall be reviewed and updated as appropriately determined from time to time by Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time.
3.8. This policy may be changed from time to time. Any changes will be posted on our website at www.lopatkalaw.ca and will be made available upon request through a lawyer at Lopatka Law.
3.9. Please check from time to time to ensure you are aware of our current policy.
3.10. The policy is effective January 1, 2018
Video Surveillance of Public Areas Appendix 1 Closed Circuit Television Code of Practice
1. Introduction
The Code of Practice establishes procedures for users of the Lopatka Law Closed Circuit Television (CCTV) system, which records images from areas to which the public has access from certain fixed locations throughout the business locations of Lopatka Law
2. Defining the Responsible Persons
Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time is the Head under the Alberta Freedom of Information and Protection of Privacy Act (“FOIPPA”) and is legally responsible for disclosure of information from Lopatka Law, and as well audits and oversees the ongoing management of the CCTV system.
3. Purpose and Principles of Monitoring
The key purpose of the CCTV system is public safety and protection of assets at the Lopatka Law
The goals of the CCTV system are:
To contribute to the safe environment at Lopatka Law
To improve the ability of Lopatka Law to preserve the safety and dignity of its personnel, customers and visitors, protect Lopatka Law assets, and respond to crime and antisocial behaviour occurring at Lopatka Law.
The objectives of the CCTV system are:
To deter crime, anti-social behavior and improper treatment of the personnel, customers and visitors of Lopatka Law;
Improve Lopatka Law’s response to incidents through enhanced monitoring
To use images recorded as evidence to identify suspects involved in criminal and other antisocial behaviour.
The monitoring procedures are performed according to the following principles:
CCTV monitoring shall be conducted in a manner consistent with all applicable statutes
CCTV monitoring shall be conducted in a professional, ethical and legal manner
CCTV operators shall be appropriately trained and supervised in the responsible use of the CCTV equipment
Camera locations and operation shall not provide visual access not available to the general public
The monitored areas shall have signs advising of the monitoring and recording of CCTV
Monitoring operators shall not monitor individuals in any manner which would constitute a violation of the Human Rights Code.
4. Management of the System
Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time oversees the management of the operation of the CCTV system and ensures the day to day compliance with the requirements of the Code of Practice. These responsibilities include:
Maintaining the security of information collected by the CCTV system
Controlling the storage and release of information recorded by the CCTV system
Ensuring those involved in operating the CCTV system do so in accordance with the Code of Practice
5. Camera Location
Cameras shall be located to monitor only areas to which the public have access such as the reception area and hallways. The view of the cameras is restricted to prohibit the viewing of private dwelling spaces. All operators have been made aware of the purpose(s) for which the cameras have been established and are prohibited from using the cameras for any other purpose. If cameras are adjustable by the operators, these adjustments are restricted so that operators cannot adjust or manipulate them to overlook spaces to which the public do not have access (e.g. private residences).
6. Signs
Signs shall be placed in the field of view of the cameras so that the public are aware that they are entering a zone which is covered by CCTV surveillance equipment. The signs shall be clearly visible to members of the public. The signs shall contain the following information or information to the effect as follows:
“Security cameras record activity in this area” or
“24 Hour Video Surveillance
Or such similar information as may be appropriate.
7. Public Input Process
Any individual who wishes to speak to Lopatka Law about the CCTV system, either to provide comment or to make a complaint, should contact Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time.
8. Audits
The auditing of Lopatka Law CCTV System is the responsibility of the Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time. Audits will be performed by reviewing a copy of the video camera information on site and consist of a review of a random selection ofrecorded information at various locations to ensure the camera monitors have complied with the Code of Practice and have not monitored individuals in any manner that would constitute a violation of the Human Rights Code.
9. Operators
The successful operation of the Lopatka Law CCTV system relies on operators being well disciplined, having integrity and dedication and maintaining the confidentiality that is required for the operation of the CCTV cameras. All CCTV operators are to be thorough vetted and privacy issues are to form a regular part of operator training. The operator is not permitted to use the pan, tilt and zoom features to view residential areas or to monitor individuals in any manner that would constitute a violation of the Prohibited Grounds of the Human Rights Code (e.g., ability (physical, mental, developmental, sensory), age, sex, sexual orientation, race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, family or marital status).
Camera operators are aware that recordings are subject to audit procedures and they may be required to justify their actions.
Actions of the camera operator when observing suspicious activity
The camera operator, upon observing suspicious activity may isolate the camera and is available use the pan, tilt and zoom features to determine if a response is required.
When a camera operator has determined that a response is required, the camera monitor should use the CCTV system to identify the involved parties for evidentiary purposes. This may include the surveillance of a person from one area to another.
The camera operator will notify the Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time upon observing an incident that requires the dispatch of a peace officer.
If possible the camera operator will maintain the focus of the camera on the incident and/or the immediate area if required until the incident has concluded.
The camera operator will make an entry in their issued notebook indicating weather conditions, date, time, incident type, start time and end time of the incident.
10. Ownership of Information
Ownership of the recorded material, in whatever medium, remains the property of Lopatka Law.
11. Access to Recorded Information
Access to recorded information is only permitted in accordance with this Code of Practice. Material may not under any circumstances be sold or used for commercial purposes or for the provision of entertainment.
Access to recorded information should be restricted to those responsible for the administration of the Lopatka Law CCTV system , Lopatka Law’s landlord and its agents and to law enforcement agencies where the images recorded would assist in a specific investigation.
12. Dealing with Incidents
The CCTV operator must notify and obtain approval from Philip L. Lopatka, or such other personnel at Lopatka Law as may be designated from time to time to disclose CCTV camera computer images. All disclosure of CCTV images is to be logged reporting database, supported by the following information:
the date and time at which access was allowed or the date on which disclosure was made
the date and time of the images recorded on CCTV
the credentials of the person who was allowed access or to whom disclosure was made
the reason for allowing access or disclosure