Bayliss & Rados Privacy Policy

Criminal Defence Lawyers Practicing in Association

David Bayliss and Luka Rados are Ontario Lawyers who specialize in criminal defence law with offices in Toronto and Newmarket, Ontario, Canada. David Bayliss and Luka Rados and their staff are committed to protecting your privacy. This Privacy Policy outlines how your personal information is handled to protect your privacy.

The law firms of David Bayliss and Luka Rados are separate legal entities, practicing in association, by sharing office facilities and resources. The client files of David Bayliss and Luka Rados are kept in separate physical and digital spaces. Neither lawyer has access to the other’s client files. “Firewalls” have been erected between the two firms and any common staff are instructed maintain strict confidentiality of each firm’s client information .

Privacy Legislation

Since January 1, 2004, all Canadian organizations engaged in commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association Model Code for the Protection of Personal Information incorporated by reference into PIPEDA. These obligations extend to lawyers and law firms, including DGBPC.

In addition, an Act respecting the Protection of Personal Information in the Private Sector has been in force in Quebec since 1994 and sets out rules regarding the collection, use and disclosure of personal information within that province.

Lastly, as a professional services firm, David Bayliss and Luka Rados have professional and ethical obligations to keep confidential the information they receive in the context of a lawyer-client and agent-client relationship.

Personal Information

Personal information is defined in PIPEDA as information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization. In other words, it does not include the information that one expects to find on a business card.

Consent to Our Collection of Personal Information

In most cases, your consent will be obtained to collect, use and disclose your personal information. Usually, if you retain David Bayliss or Luka Rados, it is assumed that you have given  implied consent for your personal information to be collected, however, at times you may be  asked for your express consent, either verbally or in writing. Generally, your personal information is collected at the start of or during the course of your being represented by David Bayliss or Luka Rados. Sometimes information about you may be obtained from other sources such as a government registry or other professionals who serve you.

Use of Personal Information by David Bayliss or Luka Rados

Your personal information is used to provide legal advice and services to you, to issue invoices and to maintain client databases. In addition, if you apply for a position with David Bayliss or Luka Rados, your personal information will be used to assess your candidacy. Lastly, contact information (name, e-mail and postal address) may be used to allow communication with you about recent developments in the law, keep you abreast of DGBPC  news and invite you to our firm events.

Withdrawal of Consent

You may withdraw your consent to the collection, use, and disclosure of your personal information at any time, subject to legal and/or contractual restrictions and upon reasonable notice. Your withdrawal of consent to the collection, use, and disclosure of your personal information may impact our ability to represent you and provide you with legal advice.

Disclosure of Personal Information

Generally, your personal information will not be disclosed to third parties without your consent unless permitted or required by applicable laws or court orders. The following are some examples where your personal information may be disclosed:

  • such disclosure is necessary to collect fees or disbursements;
  • third parties are contracted to provide certain services such as investigators, archival file storage or insurance providers. (In such cases, contractual or other means will be used to ensure the third-party service provider is bound by obligations regarding privacy which are consistent with this policy);
  • expert witnesses or other law firms are engaged on your behalf.

Accuracy of Your Information

It is important that the information that David Bayliss and Luka Rados have on file be accurate and up-to-date. If, during the course of the retainer, any of your information changes, please inform either lawyer so that any necessary changes can be made. You may also be asked from time to time whether your personal information is up-to-date.

Safeguards

David Bayliss and Luka Rados employ various safeguards to ensure that your personal information is protected against loss, theft, misuse, unauthorized access, disclosure, copying or alteration. These include the security of our physical premises; our professional obligations; security software and firewalls to prevent unauthorized computer access or “hacking”; and internal passwords that restrict access to our electronic files.

Access to your Personal Information

You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. For example, if the requested information would reveal personal information about another individual, your request for access may be limited or denied. If your request for access is denied, David Bayliss or Luka Rados will notify you in writing of the reason for the denial.

To request access or to amend your personal information, please contact the lawyer or agent with whom you normally correspond or write to the Privacy Contact at the address below. A response will be made within thirty (30) days of receipt of your written request.

Challenging Compliance

David Bayliss or Luka Rados will respond to inquiries about their policies and practices relating to its handling of your personal information. Inquiries should be directed to a Privacy Contact using the contact information below. David Bayliss and Luka Rados will investigate all complaints and will respond within 30 days of receipt of a written inquiry. If the complaint is found to be justified, appropriate measures will be taken to resolve it, including, if necessary, amending this Policy and its procedures.

Website Privacy

Like most other commercial websites, the Bayliss & Rados site may monitor traffic patterns, site usage and related site information to optimize your visit to the website.

The website does not use cookies or any electronic means to collect personal information from you or your computer.  However, the website server will automatically collect IP addresses. The  IP log may be viewed from time to time, for example, to maintain the security of the website. The website does not link IP addresses to other personally identifiable information.

Privacy Contacts

If you have any questions or complaints about this Policy or the handling of your personal information, if you wish to withdraw your consent to use of your personal information or you wish to request access to or update any information on file, please  contact:

David G. Bayliss
36 Lombard St., Toronto, Ontario
Canada M5C 2X3
416 598 5250

Luka Rados
36 Lombard St., Toronto, Ontario
Canada M5C 2X3
647 982 1758

If any complaint or inquiry is not handled to your complete satisfaction, you may contact:

Privacy Commissioner of Canada
112 Kent Street
Ottawa, Ontario
K1A 1H3

Telephone: 613.995.8210
Toll free: 1.800.282.1376.

Commission d’accès à l’information du Québec
480 St. Laurent
Suite 501
Montréal, Quebec
H2Y 3Y7

Telephone: 514.873.4196
Toll Free: 1.888.528.7741

Changes to this Privacy Policy

This Privacy Policy may change from time to time. Any changes will be posted on the website at https://baylissradoslaw.ca and will be made available upon request through the contact information listed above. Please check from time to time to ensure you are aware of the current policy.

This Privacy Policy is effective October 24, 2023.