Customer Access to Personal Information

Principle #9: Customer Access to Personal Information

When customers make a request in writing, Scotiabank will within a reasonable time tell them what personal information Scotiabank has, what it is being used for, and/or to whom it has been disclosed, depending on what details the customers have requested.

When customers request it in writing, Scotiabank will give them access to their personal information. Scotiabank will respond to the written customer request in a timely fashion. In certain situations, however, Scotiabank may not be able to give customers access to all their personal information. Scotiabank will explain the reasons for this limitation on access and any recourse the customer may have, except where prohibited by law.

9.1 A customer has the right to know, by written request, what personal information is held by Scotiabank. Customers have a right, upon written request, to access personal information, and to know to which third parties the information has been disclosed.

9.2 Scotiabank has policies and procedures for responding to customers' requests for access to personal information. When customers ask, Scotiabank will make these policies and procedures known to the customers. To respond to a customer's request certain information may be required, for example, customers have to be specific about the type of personal information that may be held by Scotiabank and the branch or office through which the customer deals.

9.3 Scotiabank will attempt to be as specific as possible about the persons from whom it collected the personal information, to whom it has disclosed the personal information, and how and when the information was disclosed. Scotiabank will take this information from its records, and will provide it to the customer in a form that is generally easy to understand, providing explanations for abbreviations and codes. Scotiabank will provide the information to the customer within a reasonable time following a written request, and for a cost commensurate with the effort to retrieve the information, or at no cost.

9.3.1 Scotiabank will not charge the customer without first informing the customer of the cost of providing the requested information and giving the customer the option to withdraw the request.

9.3.2 On request, Scotiabank will give a customer, who has a sensory disability, access to personal information to which the customer is entitled, in an alternative format if a version of the information already exists in the alternative format, or if conversion into that format is reasonable and necessary in order for the customer to access the personal information.

9.4 Scotiabank will not provide the personal information that is in its control if:

  • In so doing, it would reveal personal information about a third party and such personal information is not severable from the requesting individual's personal information;
  • It is subject to solicitor-client or litigation privilege;
  • It contains Scotiabank’s own confidential commercial information and such confidential commercial information is not severable from the requesting individual's personal information. For example, Scotiabank may use a scoring formula, form an assessment of risk, or make a collection recommendation that is confidential to Scotiabank;
  • In so doing, it would reveal information that would reasonably be expected to threaten the life or security of another individual and such information is not severable from the requesting individual's personal information;
  • It is information that was generated in the course of a formal dispute resolution process; It cannot be disclosed for legal reasons. For example, Scotiabank may not legally be able to provide the customer with information relating to disclosures to lawful authorities for law enforcement or crime prevention purposes. In some provinces Scotiabank cannot legally provide a customer's credit bureau report to that customer; and/or
  • It is used for the detection and prevention of criminal activity and dealings in proceeds of crime.

9.5 Scotiabank will not record in customers' individual files when personal information was disclosed to third parties for routine purposes. For example:

  • Cheque printing and other services for Scotiabank;
  • Reporting to tax authorities;
  • Regular updating of credit information to credit bureaus;
  • Indicating to third parties when cheques are returned for NSF (not sufficient funds);
  • Underwriting and /or insurance claims processing;
  • Insurance premium payments;
  • Preparation and mailing of customer statements; or
  • Record keeping for settlement of investment positions and transactions.

9.6 If Scotiabank denies the customer's request for access to personal information, Scotiabank will explain the decision to the customer, except where prohibited by law. The customer may then challenge Scotiabank’s decision (See Principle 10).

9.7 A customer may challenge the reasonableness of the cost of providing personal information.