CMMOTA CONFIDENTIALITY AGREEMENT RE MEMBERSHIP PARTICIPATION: COMPLAINTS & DISCIPLINARY PROCESS

1. Objective

The CMMOTA Disciplinary Policy requires membership participation in the complaint and disciplinary processes involving members of the organization. By participating in these processes, the membership preserves independence from the Board while maintaining ethical standards of conduct in accordance with the legislation, regulations, policies and procedures.

The Personal Information Protection Act (the "Act") regulates the way private sector organizations within Alberta collect, use and disclose personal information. "Personal Information" means information about an identifiable individual. CMMOTA recognizes the importance of privacy and the sensitivity of the personal information received and handled in the course of the complaint and disciplinary processes. This Agreement is intended to address our professional obligation to maintain the confidentiality of the client, complainant, witness and member information within the scope of these processes and in accordance with any privacy or confidentiality policies established by CMMOTA, from time to time.

2. When are we authorized to collect and use personal information?

We are only authorized to collect, use and disclose the information of a complainant or member once each party has signed a proper authorization to do so. Once the authorizations have been signed, we are only authorized to collect and use the personal information referenced in the consent letter.

Individuals who volunteer information are deemed to have consented to the collection and use of their information pursuant to the Act. For example, when an individual retains the services of a massage therapist, he or she is deemed to have consented to the collection and use of his or her information for the purpose of our providing massage therapy services.

When we collect personal information from third parties, the complainant or member must provide consent or be deemed to have consented to collection of the information, If not, we are required to explain why we require the information and who we intend to collect it from to the member or complainant. We are authorized to collect information from third parties without the consent of the complainant or member where:

1.  It is reasonable for the purpose of an investigation or proceeding, and
2.  It is authorized by statute or regulation of Alberta or Canada.

3. Protecting Personal Information

It is our legal obligation to protect the private information of the complainants and our members. Our members are at liberty to submit written requests for the release of their personal information. This may include information pertaining to the purpose

of our having the information and the names of the people to whom the information has been disclosed. We cannot disclose personal information in the following instances:

1. the disclosure could threaten the safety and well-being of and individual other than the person that made the request;
2. the disclosure would reveal personal information about another individual; or
3. the disclosure would reveal the identity of an individual who has not consented to the disclosure of his or her personal information.

4. Breach of Confidentiality

A breach of confidentiality is defined by the Act and the CMMOTA policies as a serious offence and may result in damages and penalties being payable by the breaching party and/or CMMOTA. It may also result in suspension or termination of the member's CMMOTA membership.

5. Questions Pertaining to Privacy of Information

Questions or requests for further information pertaining to the protection and privacy of personal information may be addressed through Heather Goddard, the Executive Director of CMMOTA.