Dear Brokers:
A number of RCCAQ members recently contacted us about a new provision setting out various changes to Intact's goBRIO data entry system. To ensure that you comply with the relevant parameters/requirements, the RCCAQ would like to clarify certain legal obligations.
Mandatory email field
One of the changes to the insurer's computerized quote process is the requirement that brokers enter information in the email field. This new system feature in effect gives you three options:
1- Enter your client's email address in the system.
2- Indicate that your client refused to provide his/her email address.
3- Indicate that your client does not have an email address.
The RCCAQ would like to share with you the following information provided by Luc Jobin, an attorney at the firm of Tremblay Bois Mignault Lemay.
Quebec's Act respecting the protection of personal information in the private sector
Please be advised that brokers cannot provide clients' email addresses or any other personal information directly to an insurer without violating Quebec's Act respecting the protection of personal information in the private sector, unless the following situations apply:
a) The insurer and/or the brokerage firm demonstrate that they qualify for an exception under the legislation.
b) The broker obtained the client's express or written authorization to divulge his or her personal information.
According to Mr. Jobin, the Act sets out a series of obligations aimed at protecting the confidentiality of information held by companies or other organizations, which are prohibited from divulging this information unless they obtain the prior consent of the person concerned or unless the Act specifically authorizes it.
It is important to bear in mind that email addresses are one aspect of your clients' personal information. Therefore, brokers must obtain their clients' consent prior to entering this data in Intact's system.
Complying with brokers' code of ethics
Please also be advised that the Code of ethics of damage insurance representatives sets out (in sections 23 and 24) the obligation to "respect the secrecy of any personal information that [the insurance representative] obtains about a client and use the personal information for the purposes for which he obtained it, unless he is relieved of that obligation by a provision of law or an order of a competent court".
Avoiding negative reactions among your clients
It's easy to see how clients might react negatively if they were directly contacted by a third party via email concerning unwanted products or services and if it were to become known that you were the one who disclosed this information. Please bear in mind that Canada's Anti-Spam Act (Bill C-28) governs the sending of commercial electronic communications. Consumers are now aware of this legislation and can avail themselves of various legal remedies if they ever receive emails that do not meet the new guidelines.
What you need to know
You must definitely ask for your clients' authorization prior to divulging any of their personal information, including email addresses, to any third party. As an advisor working on your clients' behalf, you must complete this important step prior to entering any personal data.
The RCCAQ listens to its members' concerns
The RCCAQ seeks to ensure that tools made available to brokers will enable them to carry out their role in accordance with all legal requirements and their code of ethics. We will advise you without delay if there are any developments in this regard. If you would like to, please feel free to contact us with any comments you may have (our email is communications@rccaq.com).
Kathleen Ann Rake
RCCAQ Chair
