Question 1

Under the Privacy Act,Canada,a government institution can disclose information with the consent of an individual EXCEPT
A)to a regulatory investigative body.
B)in legal proceedings involving the government.
C)for the purpose for which it was collected.
D)information which is subject to solicitor-client privilege.
E)for research or statistical purposes.

Accepted Answer

Information subject to solicitor-client privilege cannot be disclosed even with an individual's consent.

Question 2

The law of privacy balances
A)an individual's right to privacy against the individual's right to security.
B)the needs of society in a democratic state.
C)the needs of society and an individual's right to privacy.
D)the needs of society and court decisions relating to privacy.
E)the requirements of territorial privacy against those of personal privacy.

Accepted Answer

The law of privacy balances an individual's right to privacy with the needs of society. It recognizes the importance of protecting individual privacy while also acknowledging that there are situations where privacy may need to be compromised in the interest of society as a whole. Therefore, it is important to balance these two factors to ensure that individual rights are protected while the needs of society are also met.

Question 3

A public federal company in Canada which issues credit cards to Canadians wants to save money and is now considering outsourcing the personal information of its clients to a company in the United States for the purpose of processing credit transactions.Before doing so,however,among other things,this Canadian company should
A)ensure that the employees of the U.S.company are all computer literate.
B)conduct a security analysis of the U.S.company before entering into any agreement with it.
C)ensure that the Internet connection to the U.S.company cannot easily be disconnected.
D)ensure that the computer equipment of the U.S.company has sufficient storage capacity.
E)keep a copy of all data sent to the U.S.company.

Accepted Answer

The Canadian company should conduct a security analysis of the U.S. company before outsourcing any personal information to ensure that the U.S. company has appropriate measures and protocols in place to protect the confidentiality, integrity, and availability of the data. This is crucial to ensure the protection of the personal information of Canadian clients and to comply with applicable privacy laws and regulations. The other options (A, C, D, and E) are important considerations but are not as critical as conducting a security analysis.

Question 4

Privacy legislation covering municipalities puts enforcement of a breach of privacy by municipal governments in the hands of
A)the particular municipal Privacy Commissioner.
B)the provincial Privacy Commissioner.
C)the federal Privacy Commissioner.
D)the Federal Court of Canada.
E)the high courts of the province in which the municipality is located.

Accepted Answer

Provincial Privacy Commissioner. Privacy legislation is typically a matter of provincial jurisdiction in Canada, and therefore enforcement of a breach of privacy by municipal governments would fall under the purview of the provincial Privacy Commissioner.

Question 5

Territorial privacy involves
A)protection of personal information.
B)protection of one's home,business,and other personal spaces.
C)issues of bodily integrity such as surveillance,search,and seizure.
D)protection of government or national information.
E)all of the above

Accepted Answer

Territorial privacy involves protection of one's home, business, and other personal spaces.

Question 6

The provisions of the PIPEDA apply to all commercial activities
A)except where the matter is provided for in the Privacy Act,Canada,only.
B)including matters provided for in the Charter of Rights and Freedoms.
C)except where the matter is provided for in the federal Privacy Act and substantially similar provincial legislation.
D)except where a province passes substantially similar legislation only.
E)including all matters provided for in the Privacy Act,Canada,and substantially similar provincial legislation.

Accepted Answer

The PIPEDA applies to all commercial activities with the exception of matters provided for in the federal Privacy Act and substantially similar provincial legislation. This means that if a province passes legislation that is substantially similar to PIPEDA, then PIPEDA does not apply and the provincial legislation will take precedence.

Question 7

A breach of the provisions of the Ontario Freedom of Information and Privacy Act can result in
A)a reprimand of the Ontario government by the Premier of Ontario.
B)liability in damages for the provincial crown.
C)a reprimand of the Ontario government by an Ontario high court.
D)only a finding that the Ontario Statute has been breached.
E)both a finding that the Ontario Statute has been breached and a reprimand by the Premier of Ontario.

Accepted Answer

A breach of the provisions of the Ontario Freedom of Information and Privacy Act can result in liability in damages for the provincial crown as stated in section 65(1) of the Act. There may also be other consequences such as disciplinary action or a finding of breach, but the liability in damages is the main consequence outlined in the Act.

Question 8

The test for "reasonableness," for the purpose of Principle 2 of the Canadian Standards Association Model Code which has been incorporated into the PIPEDA and relates to collection of information necessary for an expressly identified purpose,is
A)whether the loss of privacy is proportional to the benefit gained.
B)whether there is a way to achieve the same end which is less intrusive of privacy.
C)whether the measure taken is demonstrably necessary to meet that need.
D)whether the measure taken will likely be effective in meeting that need.
E)all of the above

Accepted Answer

All of the options mentioned (A, B, C, and D) play a role in determining the reasonableness of collecting personal information for a specific purpose. The loss of privacy should be proportional to the benefits gained (option A). There should be an effort to collect data through less intrusive means (option B). The measure taken should be necessary to meet the purpose (option C). Finally, the measure should be effective in meeting that need (option D). Therefore, all of the options are correct, and E is the correct answer.

Question 9

Section 5 of the Privacy Act,Canada,provides for the collection of personal information by government institutions.However,one exception to this provided by the section permits such institutions to
A)collect information directly related to an operating program or activity of the institution.
B)avoid the normal requirements of the section if by doing so,the purpose or accuracy of the information might be compromised.
C)obtain information directly from an individual after it discloses the purpose of obtaining it.
D)opt out of the section altogether where it is in the best interests of the institution.
E)avoid the normal requirements of the section if,by doing so,the institution will sustain much larger costs.

Accepted Answer

The answer of Section 5 of the Privacy Act,Canada,provides for...

Question 10

Under the Privacy Act,Canada,a government institution cannot disclose personal information EXCEPT information
A)injurious to international affairs.
B)about someone other than the individual.
C)contained in exempt data banks.
D)in compliance with a subpoena or court order.
E)prepared for or injurious to law enforcement or policing.

Accepted Answer

The answer of Under the Privacy Act,Canada,a government institution cannot...

Question 11

Privacy in the education sector is regulated by
A)the Personal Health Information Act of Manitoba.
B)provincial Freedom of Information and Protection of Privacy Acts.
C)the federal PIPEDA.
D)provincial Education Acts.
E)all of the above

Accepted Answer

The answer of Privacy in the education sector is regulated...

Question 12

Opt-out consent is
A)the consent of the data owner implied from the circumstances surrounding the matter which the data owner is opting out of.
B)the consent of the data owner implied from a failure to expressly refuse consent.
C)the implied consent of the data owner to a release of that data based on prior consents given to similar releases.
D)the express written consent of the data owner to a release of that data.
E)the consent of the data owner to opt out of having to provide express written consent.

Accepted Answer

Opt-out consent is the consent of the data owner implied from a failure to expressly refuse consent. In other words, the data owner is assumed to have consented to the use or release of their data unless they explicitly opt-out or refuse consent.

Question 13

One exception to provincial legislation prohibiting the disclosure of the personal health information of an individual occurs where
A)the information is released by a professional.
B)it is necessary for the delivery of health services or public safety.
C)its disclosure would give rise to government civil liability.
D)it is necessary to protect the administration of a government-run health care facility.
E)all of the above

Accepted Answer

Provincial legislation allows for the disclosure of personal health information if it is necessary for the delivery of health services or public safety. Other exceptions, such as the release by a professional or protecting the administration of a government-run facility, may also apply but are not the only exceptions. The option stating "all of the above" is not entirely accurate as there may be other exceptions to the prohibition of disclosure beyond those listed.

Question 14

Outsourcing and transborder data flow occurs when a Canadian company
A)sends personal information via fax to a company located in another country.
B)opens up a branch in another province or country and sends personal data to it for processing.
C)receives and works on matters relating to personal data from a company in another province.
D)gives work related to the Canadian company which involves private data to an out-of-country company.
E)none of the above

Accepted Answer

Outsourcing and transborder data flow occur when a Canadian company gives work related to the Canadian company, which involves private data to an out-of-country company. This means that personal information is being transferred across borders for processing. Option A involves sending personal information via fax, but it is not clear if it is being processed by a company located in another country. Option B involves sending personal data to another branch of the company, but it is not located in a different country. Option C involves receiving personal data from another Canadian company, but it is not clear if it is being processed in another country. Therefore, option D is the best choice.

Question 15

Which of the following is among the newest and greatest threats to privacy?
A)digital storage devices
B)the Internet
C)data shadows
D)biometrics
E)all of the above

Accepted Answer

All of the options listed, including digital storage devices, the Internet, data shadows, and biometrics, represent modern challenges to privacy. Each of these technologies can collect, store, and analyze vast amounts of personal information, raising significant privacy concerns.

Question 16

Non-compliance with the provisions of the Privacy Act,Canada,is first monitored by
A)the federal Privacy Commissioner.
B)the courts.
C)the Privacy Commissioner of the province in which the individual whose information is disclosed resides.
D)the executive branch of the federal government.
E)the Commissioner of Intergovernmental Affairs.

Accepted Answer

The federal Privacy Commissioner is responsible for monitoring non-compliance with the provisions of the Privacy Act in Canada. They investigate complaints from individuals and make recommendations to organizations to ensure they are complying with the Act. They also have the power to take legal action against organizations that refuse to comply.

Question 17

Under the PIPEDA,in the event of a finding of non-compliance with the statute,
A)both the federal Privacy Commissioner and the federal court can make orders.
B)orders are never made,only findings.
C)only the Supreme Court of Canada can make orders.
D)only the federal court can make orders.
E)only the federal Privacy Commissioner can make orders.

Accepted Answer

Under the Personal Information Protection and Electronic Documents Act (PIPEDA), the federal Privacy Commissioner does not have order-making powers. Instead, the Commissioner can make findings and recommendations, and it is only the Federal Court that has the authority to make orders in response to these findings.

Question 18

In Canada,privacy is
A)neither a fundamental human right nor a fundamental privilege.
B)an absolute fundamental human right under the Charter.
C)a fundamental human privilege allowing the government to give it and take it away.
D)an absolute fundamental privilege under the Charter.
E)a qualified fundamental human right under the Charter.

Accepted Answer

Privacy is recognized as a fundamental human right in Canada, but it is a qualified right under the Charter. This means that the government can limit an individual's right to privacy in certain circumstances, such as when it is necessary for national security or the investigation of a crime. However, any limitation on privacy must be reasonable, justified, and proportionate to the objective being pursued.

Question 19

The reasonable expectation of privacy relating to a particular situation requires
A)only an objective assessment of privacy expectations.
B)neither a subjective nor an objective assessment of privacy expectations.
C)no assessment of privacy expectations.
D)only a subjective assessment of privacy expectations.
E)both a subjective and an objective assessment of privacy expectations.

Accepted Answer

A reasonable expectation of privacy requires both a subjective assessment (what the individual actually believed) and an objective assessment (what a reasonable person would believe). This two-pronged approach is used by the courts to determine whether a search or seizure violates the Fourth Amendment.

Question 20

Which of the following is NOT one of the criteria developed to determine whether opt-out consent is acceptable in a particular circumstance?
A)Information sharing must clearly define the precise limits of use or disclosure.
B)The identified purpose must be clear,well defined,and brought to the attention of the data owner.
C)Personal information must be highly sensitive in its nature and content.
D)Personal information must be non-sensitive in nature and context.
E)An easy,inexpensive,and convenient process for withholding consent must be available.

Accepted Answer

Opt-out consent is generally considered acceptable when the personal information is non-sensitive. Therefore, stating that personal information must be highly sensitive for opt-out consent to be acceptable is incorrect.

Quiz 32: Privacy

Under the Privacy Act,Canada,a government institution can disclose information with the consent of an individual EXCEPT

The law of privacy balances

Privacy legislation covering municipalities puts enforcement of a breach of privacy by municipal governments in the hands of

Territorial privacy involves

The provisions of the PIPEDA apply to all commercial activities

A breach of the provisions of the Ontario Freedom of Information and Privacy Act can result in

The test for "reasonableness," for the purpose of Principle 2 of the Canadian Standards Association Model Code which has been incorporated into the PIPEDA and relates to collection of information necessary for an expressly identified purpose,is

Section 5 of the Privacy Act,Canada,provides for the collection of personal information by government institutions.However,one exception to this provided by the section permits such institutions to

Under the Privacy Act,Canada,a government institution cannot disclose personal information EXCEPT information

Privacy in the education sector is regulated by

Opt-out consent is

One exception to provincial legislation prohibiting the disclosure of the personal health information of an individual occurs where

Outsourcing and transborder data flow occurs when a Canadian company

Which of the following is among the newest and greatest threats to privacy?

Non-compliance with the provisions of the Privacy Act,Canada,is first monitored by

Under the PIPEDA,in the event of a finding of non-compliance with the statute,

In Canada,privacy is

The reasonable expectation of privacy relating to a particular situation requires

Which of the following is NOT one of the criteria developed to determine whether opt-out consent is acceptable in a particular circumstance?