Recommended Actions for Members Facing Unauthorised Release of Contact Information

Guidance for Responding to Threatening Correspondence Originating from a Professional Association’s Disclosure

Introduction

If you are a member in good standing of a professional association and you receive a threatening letter from a law firm, which you discover resulted from your association releasing your contact information, it is important to take measured and informed steps. The following guidance is tailored for Canadian professionals and reflects both privacy considerations and best practices for protecting your rights.

1. Do Not Respond Immediately to the Threatening Letter

Take time to read the letter carefully and avoid any immediate reaction. Responding hastily could inadvertently harm your position or escalate the matter.

2. Review the Letter’s Content and Nature

• Identify the sender (law firm, lawyer, or specific individual).
• Determine the specific threats or demands outlined in the letter.
• Assess whether the threats are legal in nature (e.g., allegations of misconduct, demands for payment, or threats of legal action).

3. Confirm How Your Contact Information Was Released

Contact your professional association in writing to:

• Request clarification on whether and why your contact information was shared with the law firm.
• Ask for a copy of the association’s privacy policy or any records of consent you may have given for information sharing.
• Inquire under what legal authority or policy your information was released.

4. Assess Potential Privacy Violations

In Canada, the release of personal information by a professional association is governed by federal and provincial privacy laws (such as PIPEDA or relevant provincial acts). If you believe your personal data was shared without proper consent or justification, you may have grounds for a privacy complaint.

• Document all interactions with the association and the law firm.
• Keep copies of all correspondence and the envelope in which the letter was delivered.

5. Consult Legal Counsel

Seek advice from a lawyer, especially if the letter contains threats of legal action or appears to be part of a dispute. A lawyer can:

• Help you understand your rights and obligations.
• Draft a response, if appropriate.
• Advise on filing a privacy complaint or pursuing other remedies.

6. Consider Filing a Privacy Complaint

If your privacy rights may have been violated, you can file a complaint with the Office of the Privacy Commissioner of Canada or the relevant provincial privacy commissioner.

• Provide detailed documentation of the incident and correspondence.
• Explain the impact of the disclosure on your well-being or professional standing.

7. Notify Your Professional Association of the Impact

Express your concerns to the association’s leadership or ombudsperson. This may prompt internal review and policy changes to prevent future incidents.

8. Monitor for Further Issues

Be alert for additional correspondence or any signs of identity theft, harassment, or professional repercussions. Keep a log of any related incidents.

Conclusion

Receiving a threatening letter after your professional association releases your contact information can be distressing. Taking organized, informed steps such as documenting everything, seeking legal advice, and using privacy complaint mechanisms will help protect your rights and prompt your association to uphold higher privacy standards.