http://www.itbusiness.ca/it/client/en/home/News.asp?id=43091
I'm curious how Privacy Commissioner's office will think about TransUnion Canada giving collection agencies, call center software, combined with consumers private and personal information.
I desparately hope that has the correct permission from consumers to disclose the consumer's information to collection agencies!!
- Here's how the chain of disclose should work:
- A customer signs a contract with a creditor giving the credit permission to disclose his/her information to a credit bureau
- The creditor discloses the customer's personal information to a credit bureau
- The credit bureau discloses the customer's personal information to a future creditor
The following SHOULDN'T happen:
- A credit bureau discloses an individual's personal information to a collection agency for the purposes of collecting a debt.
PIPEDA 7.(3) states: an organization may disclose personal information without the knowledge or consent of the individual only if
(b) for the purpose of collecting a debt owed by the individual to the organization. - SEE BELOW
This means that only the original company that contracted out the debt can disclose a person's information to a collection agency
The Canadian Federal Personal Information Protection and Electronic Documents Act (Principle 4.3.1) states the following:
PIPEDA 4.3.1
Consent is required for the collection of personal information and the subsequent use or disclosure of this information. Typically, an organization will seek consent for the use or disclosure of the information at the time of collection. In certain circumstances, consent with respect to use or disclosure may be sough after the information has been collected but before use(for example, when an organization wants to use information for a purpose not previously identified.)
PIPEDA 4.3.2
The principle requires "knowledge and consent". Organizations shall make a reasonable effort to ensure that the individual is advised of the purposes for which the information will be used. To make the consent meaningful, the purposes must be stated in such a manner that the individual can reasonably understand how the information will be used or disclosed.
PIPEDA 4.9 Principle 9
Upon request, an individual shall be informed of the existence, use and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.
PIPEDA 4.9.5
When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, the organization shall amend the information as required. Depending upon the nature of the information challenged, amendment involves the correction, deletion or addition of information. Where appropriate, the amended information shall be transmitted to third parties having access to the information in question.
7.(3) For the purpose of clause 4.3 of Schedule 1, and despite the note that accompanies that clause, an organization may disclose personal information without the knowledge or consent of the individual only if
(b) for the purpose of collecting a debt owed by the individual to the organization.
Talk about TransUnion Canada:
Talk about PIPEDA and Privacy Commissioner here:
TransUnion offers call centre software to Canadian clients
Debt collectors now have a more effective way of collecting their cash. TransUnion, a credit information company, has inked a deal with Austin Logistics to offer its call centre management software to Canadian clientele ? either on-site or as a managed service.
TransUnion gathers and analyzes information to provide credit reports, credit scores and fraud services. Through this joint initiative, it will combine its credit data with call centre management software, allowing financial institutions and collection agencies to focus their resources on accounts most likely to deliver the greatest return. The goal is to reduce collection and treatment costs, as well as risk throughout the credit lifecycle.
?We already have a deep footprint in financial services and collection agencies, so it?s a really nice fit between our two organizations,? said Derrick Breau, vice-president of sales and marketing with TransUnion.
The company will primarily be offering the OnQ and CallTech solutions to its commercial base. OnQ allows clients to automate and centralize their campaigns and list management. CallTech provides predictive, analytic call targeting, which helps clients determine the best time to call customers and increase the number of right party connects, therefore providing a better chance of collecting the debt.
?They?re looking for tools, data and analytics that allow them to better focus their resources,? said Breau. ?The challenge of the day in the IT world is all about limited resources ? you want to focus those resources where you get the greatest return.?
