Does that also apply to info accessed through the Credit Bureaus?

You'd have to check with the privacy oommissioner on that..

Wow... so I guess we have to work that much harder on it.

Hi Paul,
The CFS is an organization that represents 'students' so they are generally involved in issues that affect borrowers after they leave school. It is basically beyond their mandate = and if you google CFS and lawsuit, they've had their own issues to deal with regarding their Travel Cuts division and the attempts of some schools to break away from the organization.

As for school organizations, their representatives change every years so the continuity isnt often there to get these matters going.

Unfortunately the people who need the help dont seem to have the funds to retain a lawyer to do the work...

As for an organization that represents borrowers.... well, we're it! and as well the Coalition for Student Loan Fairness... at http://www.studentloanfairness.ca which I co-founded with Julian who has been working really hard on getting the message out to media.

For this issue, I could really use some help on this. If you know of a lawyer who could investigate and advise what to do, that would be a huge help!

Basically, some collections agents are bullies- with a financial questionaire as their weapon. The bullies wont go away, but at least I can try to take away their weapon and disarm them for now. And you are right, they may just go for more drastic actions, and then we'll have to deal with that.

I just a financial questionnaire from ARO.  Because of this discussion, I looked for, and found, some reference to the use that would be made of the information provided, specifically that it would only be used in accordance with existing privacy legislation.  I'm paraphrasing here, obviously.

My knowledge of privacy laws is pretty sketchy at best, but it's interesting to consider the issue of the spouse's income being included.  I don't have my questionnaire in front of me, but might there be an issue of whether the spouse needs to consent to the giving of information to the CA?

I get one of those questionairres once every year or maybe 6 months...  I fill them out but I never include my banking information or work information.. I'll put my income and my expenses, but in those other fields I always put n/a.. my fed student loan used to be in a collection agency but now it's at service canada...   as for my spouse's information I do the same... last time i put that he doesn't wish for me to disclose information and I haven't gotten anything back from them... 

I just saw this thread today.  I can tell you from work experience in federal privacy  that when it comes to a person owing money - its pretty much a free for all.  There is a section in the legislation that authorizes organizations collecting a debt to do a lot of things without the individual's consent - including calling "anyone" to get information to track the person down - however they cannot reveal the amount (s) owed.  Forget the Privacy Act  for collection agencies- it is not the applicable legislation - what you want to look at is the Personal Information Protection of Information Documents Act (PIPEDA).  Further, some provinces (Québec, BC, Alberta) have enacted "substantially similar" legislation and so PIPEDA and the Privacy Commissioner will not apply - you need to refer to that province's legislation and contact the Privacy Commissioner there. 

Banks fall under the Privacy Act - I am not sure how the Privacy Commissioner fits in with the NSLC since the NSLC manages both federal and provincial loans.  It would be good to call and ask the question - it never came up for me, when I worked there.

The federal Privacy Commissioner only manages privacy issues that the feds collect/use/disclose, as well as FUWB'S (federal works undertakings and banks).  A form is not a problem unless you are denied a benefit for not providing the personal information demanded.  You could send it to the privacy commissioner (whoever the right one might be, given the information I provided above) and have someone look at it - however, the fed priv commissioner does not provide that service - they get involved AFTER a formal complaint has been made and under PIPEDA, they will normally advise you to first complain to the privacy officer, give the privacy officer a reasonable amount of time to respond and if you get nowhere, then make a formal complaint to the priv commissioner and include all correspondence between you and the privacy officer of the organization involved - then you can wait about a year for a response, give or take - depending on urgency.

As a final note, you can ask any organization's privacy officer under what legislative authority the information is being collected, what will be done with it, how long and how it will be stored (i.e. if stored in databases in the USA it becomes subject to the Patriot Act, so you don't wanna consent to THAT), used, disclosed, etc. 

from the Privacy Commissioner's website

http://www.privcom.gc.ca/fs-fi/02_05_d_02_e.asp

Social Insurance Numbers (SIN)

What is the Social Insurance Number (SIN)?

The Social Insurance Number (SIN) was created in 1964 to serve as a client account number in the administration of the Canada Pension Plan and Canada's varied employment insurance programs. In 1967, what is now Canada Revenue Agency (CRA) started using the SIN for tax reporting purposes.

Why do organizations ask for it?

Organizations in and outside government ask for the SIN because it is a simple method of identification. Many use it as a client account number to save them from setting up their own numbering systems.

Although only certain government departments and programs are authorized to collect and use the SIN, there is no legislation that prohibits organizations asking for it.

Why is my SIN so important to personal information and privacy?

• The SIN may be a key piece of information to open the door to your personal information.
• Computer technology makes it possible to use the SIN to find and match your information from one database to another; without your knowledge, a detailed profile could be drawn about you. This amounts to "data surveillance" or monitoring of your daily life, which can pose a serious threat to our privacy and autonomy.
• Your SIN can be used to steal your identity. Along with other personal information, someone may be able to use your SIN to apply for a credit card or open a bank account, rent vehicles, equipment, or accommodation in your name, leaving you responsible for the bills, charges, bad checks, and taxes.

Who can ask for my SIN?

Your SIN is a confidential number that is restricted to income reporting purposes. There are a select and limited number of federal government departments and programs specifically authorized to collect the SIN. See list below.

The authority to collect and use the SIN is tied to a specific legislated purpose, not necessarily to a particular body. For example, an employer can collect an employee's SIN to provide them with Records of Employment and T-4 slips for income tax purposes, as can provincial or municipal agencies to report financial assistance payments for income tax purposes.

Institutions from which you earn interest or income, such as banks, credit unions and trust companies, must also ask for your SIN.

So, what can I do when asked for my SIN?

• Ask if you are required by law to provide it (see list below);
• Ask why the person needs it, how it will be used and to whom it will be given;
• Your SIN is not a piece of identification. If it is not required by law (and you are not satisfied with the explanation), tell the person you prefer not to use the SIN and offer other identification;
• If the organization refuses to give you the product or service unless you give your SIN, complain to the Privacy Commissioner of Canada;
• If you would like better legal protection for your SIN, call or write your federal Member of Parliament.

Do any provincial and municipal safeguards exist?

While most provincial and municipal governments may not be prohibited from collecting and using the SIN, many are reviewing their use of it and considering alternatives. All provinces and territories have privacy laws to protect personal information in government files.

If you are concerned about how your provincial government is using the SIN, contact your provincial information and privacy commissioner and find out more.

How am I protected in the private sector?

The Personal Information Protection and Electronic Documents Act (PIPEDA) sets out ground rules for how private sector organizations may collect, use or disclose personal information in the course of commercial activities.

Since January 1, 2001, the Act applied to personal information about customers or employees that is collected, used or disclosed by the federally-regulated sector in the course of commercial activities. It also applies to information that is sold across provincial and territorial boundaries. As of January 1, 2004, the Act covers the collection, use and disclosure of personal information in the course of any commercial activity within a province, including provincially-regulated organizations, except in provinces that have enacted legislation that is deemed to be substantially similar to the federal law.

Under the new law, organizations like banks, telecommunications companies and airlines cannot require you to consent to the collection, use or disclosure of your personal information unless it is required for a specific and legitimate purpose.

This means that unless an organization can demonstrate that your SIN is required by law, or that no alternative identifier would suffice to complete the transaction, you cannot be denied a product or service on the grounds of your refusal to provide your SIN.

If you disagree with a request for your SIN made by an organization that is subject to the PIPEDA, you can complain to the Privacy Commissioner of Canada, who will investigate the complaint.

Legislated uses of the SIN (or legislation that regulates its use) include:

• Canada Pension Plan, Old Age Security and Employment Insurance contributions or claims (the original purposes for the SIN);
• Income Tax identification;
• banks, trust companies, caisse populaires and stock brokers when they sell you financial products (GICs or Canada Savings Bonds) or services (bank accounts) that generate interest. They declare your interest to Canada Revenue Agency (CRA) for income tax purposes;
• various Veterans Affairs benefit programs;
• Canada Student Loans or Canada Student Financial Assistance;
• Canada Education Savings Grants;
• Gasoline and Aviation Gasoline Excise Tax Applications;
• Canadian Wheat Board Act;
• Labour Adjustment Benefits Act;
• Tax Rebate Discounting Regulations;
• Race Track Supervision Regulations;
• Garnishment Regulations (Family Orders and Agreements Enforcement Assistance Act);
• Canada Elections Act;
• Canadian Labour Standards Regulations (Canada Labour Code);
• Farm Income Protection.

Programs Authorized to use the SIN:

• Immigration Adjustment Assistance Program;
• Income and Health Care Programs;
• Income Tax Appeals and Adverse Decisions;
• Labour Adjustment Review Board;
• National Dose Registry for Occupational Exposures to Radiation;
• Rural and Native Housing Program;
• Social Assistance and Economic Development Program

For more information about privacy and your SIN, call toll free 1-800-282-1376, or write:

The Office of the Privacy Commissioner of Canada
112 Kent Street
Ottawa, ON
K1A 1H3

Visit the Human Resources and Development Web site to find answers to general questions about the SIN - such as how to apply for a SIN, or replace a lost or stolen card.

cadillac

first, thanks :)

second - i am not in collection with my loans (yet) and have never been asked to fill out a form - however, since i know privacy laws fairly well (and all the players), i wish any organization lots of luck getting my personal information out of me - if i had a spouse i would direct them to collect his personal information directly from him, after counselling him, of course, to not disclose it - i'd have to see their legislative authority to collect 'anything' they are demanding, then i'd want to talk to their privacy officer, legal department, etc......i have two law degrees, (thanks to my student loans!) so good luck to them

:)