Question 1

Territorial privacy involves

Accepted Answer

Territorial privacy specifically pertains to the protection of one's personal spaces such as their home, business, and other physical locations. Option A pertains to informational privacy, Option C pertains to bodily privacy, and Option D pertains to national security. Therefore, only option B is the correct choice for territorial privacy.

Question 2

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

Accepted Answer

C

Question 3

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.

Question 4

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

All of the given options are part of the "reasonableness" test for the collection of information necessary for an expressly identified purpose under Principle 2 of the Canadian Standards Association Model Code. The collection should be proportional to the benefit gained, less intrusive of privacy, demonstrably necessary, and likely to be effective in meeting that need. Therefore, all the given options are correct.

Question 5

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. It recognizes that while some level of intrusion on privacy may be necessary for the benefit of society, it must be limited and justified. This means that the law looks at individual cases to determine what level of privacy invasion is necessary, and whether it is justified based on the needs of society. It is not simply a matter of weighing an individual's right to privacy against the needs of society as a whole, but rather finding a balance between the two.

Question 6

In Canada,privacy is

Accepted Answer

Privacy is recognized as a fundamental human right under the Charter of Rights and Freedoms. However, this right is not absolute and can be limited in certain circumstances, such as for national security or law enforcement purposes. Therefore, privacy is considered a qualified fundamental human right under the Charter.

Question 7

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 an individual's own expectation of privacy, while the objective assessment considers whether society would view the expectation of privacy as reasonable. Both factors are taken into account to determine if an individual's privacy has been violated.

Question 8

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

Accepted Answer

The federal Privacy Commissioner is responsible for monitoring non-compliance with the provisions of the Privacy Act in Canada. They investigate complaints and can take corrective actions such as ordering an organization to change its practices or taking the matter to court. The other options listed do not have a direct role in monitoring non-compliance with the Privacy Act.

Question 9

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 there is provincial legislation that covers the same matter as the PIPEDA, then the PIPEDA does not apply. Additionally, the PIPEDA and provincial legislation must be substantially similar.

Question 10

Privacy in the education sector is regulated by

Accepted Answer

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

Question 11

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 can include tasks such as data processing, customer service or software development, and can lead to concerns about data privacy and security. Sending personal information via fax to a company located in another country (choice A) is a form of transborder data flow, but not outsourcing. Opening up a branch in another province or country and sending personal data to it for processing (choice B) is also a form of transborder data flow, but not necessarily outsourcing. Receiving and working on matters relating to personal data from a company in another province (choice C) is not an example of outsourcing or transborder data flow.

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 that is subject to solicitor-client privilege, even with the consent of the individual.

Question 13

Opt-out consent is

Accepted Answer

Opt-out consent is the consent of the data owner implied from a failure to expressly refuse consent. In other words, if a data owner is given notice about the collection or use of their data, and they do not actively refuse consent, then their silence or lack of action is taken as implied consent.

Question 14

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

It is crucial for the Canadian company to conduct a security analysis of the U.S. company before outsourcing personal information. This will ensure that the U.S. company has adequate security measures in place to protect the sensitive information of the Canadian clients. Other options such as ensuring computer literacy, internet connection, and computer equipment storage capacity are also important factors to consider, but the security analysis is the most important step to take before outsourcing. Keeping a copy of all data sent to the U.S. company may also be a good practice in case of any data breaches or mishandling of information.

Question 15

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

Accepted Answer

Provincial legislation allows for disclosure of personal health information if it is necessary for the delivery of health services or public safety. The other options (A, C, D) do not provide a legitimate exception for the disclosure of personal health information.

Question 16

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 17

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

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.

Question 18

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

Accepted Answer

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

Question 19

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 result in liability in damages for the provincial crown. This means that the government can be held financially accountable for any damages caused by the breach. There may also be other consequences or penalties for the individuals responsible for the breach, but this is not specified in the question.

Question 20

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 enforcement of a breach of privacy by municipal governments is the responsibility of the provincial Privacy Commissioner. The federal Privacy Commissioner only has authority over federal institutions and private sector organizations that fall under federal legislation. The Federal Court of Canada and high courts of the province may become involved in cases related to privacy breaches, but they would not be the primary enforcers of privacy legislation in this context.

Quiz 33: Privacy