Question 1

The reasonable expectation of privacy relating to a particular situation requires

Accepted Answer

The reasonable expectation of privacy relating to a particular situation requires both a subjective and an objective assessment of privacy expectations. The subjective assessment considers the individual's personal expectation of privacy, while the objective assessment considers whether that expectation is reasonable in the given circumstances. Therefore, both subjective and objective assessments contribute to determining the reasonable expectation of privacy.

Question 2

The collection,use,and disclosure of personal information by federal government institutions are regulated by the Privacy Act.The purpose of collection must be related directly to

Accepted Answer

According to the Privacy Act, the purpose of collection of personal information by federal government institutions must be related directly to an operating program or activity of the institution. Therefore, option B is the correct choice. Option A is too narrow and specific, option C is incorrect as prior approval is not required for all purposes, option D may be a reason for collection but it is not the only purpose, and option E is too broad and vague.

Question 3

Data shadows pose serious threats to privacy in that they contain personal information relating to

Accepted Answer

Data shadows refer to the electronic records of the internet activity of a user, which contain personal information such as search history, location, and online purchases. This information can be collected without the user's knowledge or consent, posing serious threats to privacy.

Question 4

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

Accepted Answer

Privacy legislation covering municipalities falls under provincial jurisdiction, and therefore the enforcement of a breach of privacy by municipal governments is typically handled by the provincial Privacy Commissioner.

Question 5

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

Accepted Answer

The exception to provincial legislation prohibiting the disclosure of personal health information occurs when it is necessary for the delivery of health services or public safety. This means that if there is a need to disclose someone's personal information in order to provide medical care or ensure the safety of the public, it is permissible to do so. The other options (A, C, and D) are not valid exceptions to this legislation.

Question 6

Territorial privacy involves

Accepted Answer

Territorial privacy is specifically concerned with protecting one's personal spaces, such as their home and business, from intrusion or surveillance. It does not encompass issues of personal information or government/national information. It is also distinct from bodily privacy, which involves protecting against bodily intrusion or surveillance.

Question 7

Privacy in the education sector is regulated by

Accepted Answer

All of the listed regulations contribute to privacy protection in the education sector.

Question 8

The provisions of the PIPEDA apply to all commercial activities

Accepted Answer

The PIPEDA applies to all commercial activities except where the matter is provided for in the federal Privacy Act and substantially similar provincial legislation. This means that if a province has its own privacy legislation that is similar to the PIPEDA, then the PIPEDA would not apply to commercial activities within that province.

Question 9

In Canada,privacy is

Accepted Answer

Privacy is recognized as a fundamental human right under the Canadian Charter of Rights and Freedoms, but it is not an absolute right. It is a qualified right that can be limited in certain circumstances in accordance with the principles of fundamental justice.

Question 10

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

Accepted Answer

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 includes all of the options listed above. The loss of privacy must be proportional to the benefit gained, there must be a way to achieve the same end which is less intrusive of privacy, the measure taken must be demonstrably necessary to meet that need, and the measure taken must likely be effective in meeting that need. Therefore, the best choice is E.

Question 11

Opt-out consent is

Accepted Answer

Opt-out consent is the type of consent that is implied from a failure to expressly refuse consent. This means that if a data owner does not actively say they do not consent to their data being used or shared, then their lack of refusal is considered as giving consent. This is different from opt-in consent, where the data owner must actively give their consent before their data can be used or shared.

Question 12

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

Accepted Answer

The Privacy Act prohibits the disclosure of information subject to solicitor-client privilege, even with the consent of the individual.

Question 13

The law of privacy balances

Accepted Answer

The law of privacy seeks to balance the needs of society with an individual's right to privacy. While society may have legitimate interests in accessing certain information, such as in criminal investigations or national security concerns, individuals also have a fundamental right to control their personal information and make decisions about how it is collected, used, and shared. The law of privacy attempts to strike a balance between these competing interests, through legal protections such as data protection laws, privacy torts, and constitutional rights.

Question 14

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

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 15

Outsourcing and transborder data flow occurs when a Canadian company

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 the personal information of Canadians is being transferred across borders for processing.

Question 16

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

Accepted Answer

The federal Privacy Commissioner is responsible for monitoring compliance with the Privacy Act in Canada.

Question 17

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

Accepted Answer

A breach of the provisions of the Ontario Freedom of Information and Privacy Act can lead to liability in damages for the provincial crown. The Act provides for a right of action for any person who suffers a loss as a result of a contravention of the Act by the provincial government or a public institution. This means that the government can be held liable for damages resulting from a breach of the Act. The other options listed are not correct, as they are not supported by the Act or the legal system in Ontario.

Question 18

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

Accepted Answer

D  E  Under the Privacy Act in Canada, personal information can be disclosed if it is contained in exempt data banks (C), in compliance with a subpoena or court order (D), or if it is prepared for or injurious to law enforcement or policing (E). These are exceptions to the general rule of non-disclosure.

Question 19

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

Accepted Answer

Before outsourcing personal information, the Canadian company should conduct a security analysis of the U.S. company to ensure that it has adequate measures in place to protect the sensitive data of its clients. This is important to safeguard against potential data breaches and protect the privacy of Canadian customers. It is also important to comply with Canadian privacy laws and regulations. The other options listed are not directly related to security and privacy concerns.

Question 20

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

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.

Quiz 32: Privacy