Principle #9 – Individual Access
Upon written request, an individual will be informed of the existence, use, and disclosure of his or her personal information and will be given access to that information. An individual will be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
9.1 Upon written request, XM Canada will inform an individual whether or not the organization holds personal information about that individual, and will provide that individual with a reasonable opportunity to review the personal information in his or her file.
9.2 XM Canada will allow the individual access to his or her personal information once the individual has provided XM Canada with a written request application. The application will include sufficient information to permit XM Canada to provide an account of the existence, use, and disclosure to any third parties of this personal information. XM Canada will use the application only for this purpose.
9.3 XM Canada will respond to an individual’s written request within 30 days, unless this period is extended in accordance with applicable legislation, in which case notice will be sent to the individual within 30 days regarding the extension, the reasons for it and the individual’s rights in connection with it. XM Canada will assist any individual who informs it that they need assistance in preparing a request. While the response will typically be provided at no cost to the individual, depending on the nature of the request and the amount of information involved, XM Canada reserves the right to impose a cost. In these circumstances, XM Canada will inform the individual of the approximate cost to provide the response and proceed upon payment. The requested information will be provided or made available in a form that is generally understandable.
9.4 XM Canada will be as specific as possible in providing an account of third parties to which it has disclosed personal information about an individual. When it is not possible to provide a list of the organizations to which it has actually disclosed information about an individual, XM Canada will provide a list of organizations to which it may have disclosed information about the individual.
9.5 In certain instances, XM Canada will not be able to provide the individual access to his or her personal information. Where permitted, the reasons for denying access will be provided to the individual. This will be done upon the individual’s request, unless XM Canada is required by law to provide such written reasons. Exceptions to the grant of an access request may include: information that contains references to other individuals or contains confidential commercial information, where such information cannot be severed from the record; information protected by solicitor-client privilege; information properly collected without the knowledge or consent of the individual for purposes related to investigating a breach of an agreement or a contravention of law; information generated in the course of a formal dispute resolution process; and as required or permitted by law.
9.6 When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, XM Canada will amend the information as required. Depending upon the nature of the information challenged, amendment may involve the correction, deletion or addition of information. Where appropriate, the amended information will be transmitted to third parties having access to the information in question.
9.7 When a challenge is not resolved to the satisfaction of the individual, XM Canada will record the substance of the unresolved challenge. When appropriate in XM Canada’s judgment, the unresolved challenge will be transmitted to third parties having access to the information in question.