Chapter 1 Privacy Basics

Question 1

What are the classes of privacy

Answer 1

Privacy of the person and Territorial privacy, information privacy

Question 2

Information privacy has been defined as

Answer 2

the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others

Question 3

By law, information privacy is concerned with

Answer 3

establishing rules that govern the collection and handling of “personal information.” This can include financial information, medical data, or other records (e.g., phone records, internet search histories).

Question 4

Privacy in Canada is approached from one of three perspectives

Answer 4

Privacy of the individual vis-à-vis the state
Privacy of the individual vis-à-vis other individuals
Privacy of the individual vis-à-vis organizations

Question 5

Explain privacy perspective:Privacy of the individual vis-à-vis the state.

Answer 5

the extent to which an individual is free to live their life without the state interfering or knowing what the individual is doing.

Question 6

Explain privacy perspective:Privacy of the individual vis-à-vis other individuals.

Answer 6

One examines to what extent an individual can live life free from intrusion from another individual, such as a neighbour, coworker, spouse, parent or child

Question 7

Explain privacy perspective:Privacy of the individual vis-à-vis organizations.

Answer 7

One looks at the extent to which organizations can collect, use and disclose personal information about an individual, and once they have collected such information, what obligations they have.

Question 8

the federal Privacy Act lists nine examples of the types of information that are deemed to be information about an identifiable individual. They are:

Answer 8

a) Information relating to the race, national or ethnic origin, colour, religion, age or marital status of the individual;
b) Information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved;
c) Any identifying number, symbol or other particular assigned to the individual;
d) The address, fingerprints or blood type of the individual;
e) The personal opinions or views of the individual except where they are about another individual or about a proposal for a grant, an award or a prize to be made to another individual by a government institution or a part of a government institution specified in the regulations;
f) Correspondence sent to a government institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to such correspondence that would reveal the contents of the original correspondence;
g) The views or opinions of another individual about the individual;
h) The views or opinions of another individual about a proposal for a grant, an award or a prize to be made to the individual by an institution or a part of an institution referred to in paragraph (e), but excluding the name of the other individual where it appears with the views or opinions of the other individual; and,
i) The name of the individual where it appears with other personal information relating to the individual

Question 9

under The federal Privacy Act do government institutions consider opinions about an individual to be the personal information of that individual?

Answer 9

yes

Question 10

under the federal Privacy Act, can someone see the and can he know the identity of the opinion holder. and why

Answer 10

yes, yes
because the identity of the opinion holder is considered the personal information of both the opinion holder and the opinion subject.

Question 11

what does the Supreme Court say the Privacy Act’s definition of personal information

Answer 11

is undeniably expansive. deliberately broad” and “entirely consistent with the great pains that have been taken to safeguard individual identity

Question 12

In the 2001–2002 Annual Report to Parliament, what did the privacy commissioner note

Answer 12

the expansive nature of the term about an identifiable individual:”
“That definition is meant to cover a lot of ground . . however some judges and commissioners are moving away from this expansive definition

Question 13

Most laws also provide for exceptions to the definition to recognize that while some data might otherwise be considered to be about an identifiable individual, there is a public policy reason for not treating it as such. One common example

Answer 13

job-related information

Question 14

job related info is not protected if : 5 points

Answer 14

information is not protected if it is:
Information about an individual who is or was an officer or employee of a government institution that relates to the position or functions of the individual including:
i.The fact that the individual is or was an officer or employee of the government institution;
ii.The title, business address and telephone number of the individual;
iii.The classification, salary range and responsibilities of the position held by the individual;
iv.The name of the individual on a document prepared by the individual in the course of employment; and,
v.The personal opinions or views of the individual given in the course of employment.

Question 15

what does PIPEDA apply to

Answer 15

PIPEDA applies to every organization that “collects, uses or discloses in the course of commercial activities” or “is about an employee of the organization and that the organization collects, uses or discloses in connection with the operation of a federal work, undertaking or business.

Question 16

is a physician’s handwritten exam notes about an individual personal information

Answer 16

yes

Question 17

is deidentified information about a patient considered to be personal information. and why

Answer 17

yes it is possible that the deidentified data could be linked back to the individual.

Question 18

what is “‘personal employee information’

Answer 18

personal information reasonably required by an organization that is collected, used or disclosed solely for the purposes of establishing, managing or terminating: (i) an employment relationship; or, (ii) a volunteer work relationship between the organization and the individual but does not include personal information about the individual that is unrelated to that relationship.

Question 19

what is Work-product information

Answer 19

information about an individual that is related to that individual’s position, functions and/or performance of their job.”

Question 20

does PIPEDA differentiate between regular personal information and employee-related information or work-product information,

Answer 20

no

Question 21

under PIPEDA are views or opinions about an employee personal information. give examples

Answer 21

yes . This can include performance appraisals, internal investigation files, medical information, or complaints filed about the employee.

Question 22

Does the Privacy Act distinguish between employment- and work-product-related information from the definition of personal information. and what does it apply to what are the 5 points

Answer 22

yes . However, the exception applies only to:
“Information about an individual who is or was an officer or employee of a government institution that relates to the position or functions of the individual, including:
i.the fact that the individual is or was an officer or employee of the government institution,
ii.the title, business address and telephone number of the individual,
iii.the classification, salary range and responsibilities of the position held by the individual,
iv.the name of the individual on a document prepared by the individual in the course of employment, and
v.the personal opinions or views of the individual given in the course of employment.”

Question 23

how does British Columbia and Alberta, attempt to deal with the question of employee-related personal information

Answer 23

by defining it.

Question 24

how does british Columbia PIPA define‘Employee personal information

Answer 24

“‘Employee personal information’ means personal information about an individual that is collected, used or disclosed solely for the purposes reasonably required to establish, manage or terminate an employment relationship between the organization and that individual, but does not include personal information that is not about an individual’s employment.”

Question 25

does the Privacy Act, allow government’s to use and disclose personal information if the information is publicly available, what other institutions get a full exemption

Answer 25

yes
a total exception to any information that is found in a “library or museum material preserved solely for public reference or exhibition purposes; or material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature or the National Museum of Science and Technology by or on behalf of persons or organizations other than government institutions.”

Question 26

is the government’s obligations to collect the information in accordance with the act affected by whether the information is publicly available.

Answer 26

no

Question 27

, under PIPEDA can an organization collect, use or disclose personal information without the knowledge or consent of the individual if the personal information is publicly available and is specified by the regulations.

Answer 27

yes

Question 28

how does the privacy act define publicly available information

Answer 28

it does not

Question 29

how does pipeda define publicly available information

Answer 29

a) Personal information consisting of the name, address and telephone number of a subscriber that appears in a telephone directory that is available to the public, where the subscriber can refuse to have the personal information appear in the directory;
b) Personal information including the name, title, address and telephone number of an individual that appears in a professional or business directory, listing or notice, that is available to the public, where the collection, use and disclosure of the personal information relate directly to the purpose for which the information appears in the directory, listing or notice;
c) Personal information that appears in a registry collected under a statutory authority and to which a right of public access is authorized by law, where the collection, use and disclosure of the personal information relate directly to the purpose for which the information appears in the registry;”“
d) Personal information that appears in a record or document of a judicial or quasi-judicial body, that is available to the public, where the collection, use and disclosure of the personal information relate directly to the purpose for which the information appears in the record or document; and,
e) Personal information that appears in a publication, including a magazine, book or newspaper, in printed or electronic form, that is available to the public, where the individual has provided the information.

Question 30

is An individual’s telephone number, even if published in a public telephone directory, considered personal ?

Answer 30

yes

Question 31

In the context of published books, magazines and newspapers, publicly available can personal information be collected, used and disclosed without the consent of the individual and regardless of the purpose for which the information appears in the medium

Answer 31

yes

Question 32

is Consent required to use a business email for marketing purposes where the email was posted on a publicly available website by the individual themself. explain
”

Answer 32

no
However, this principle was decided before the passage of Canada’s anti-spam legislation (known as CASL), which sets out a regime that supersedes this principle established under PIPEDA.

Question 33

in Nova Scotia, disclosure of personal information is presumed to be an unreasonable invasion of a third party’s personal privacy if:”
9 points

Answer 33

“a)the personal information relates to a medical, dental, psychiatric, psychological or other health-care history, diagnosis, condition, treatment or evaluation;

b) the personal information was compiled and is identifiable as part of an investigation into a possible violation of law, except to the extent that disclosure is necessary to prosecute the violation or to continue the investigation;
c) the personal information relates to eligibility for income assistance or social-service benefits or to the determination of benefit levels;
d) the personal information relates to employment or educational history;
e) the personal information was obtained on a tax return or gathered for the purpose of collecting a tax;
f) the personal information describes the third party’s finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or creditworthiness;
g) the personal information consists of personal recommendations or evaluations, character references or personnel evaluations;
h) the personal information indicates the third party’s racial or ethnic origin, sexual orientation or religious or political beliefs or associations; or
i) the personal information consists of the third party’s name together with the third party’s address or telephone number and is to be used for mailing lists or solicitations by telephone or other means

Question 34

“Provincially, are their statutes that address the difference between all personal information (any information “about an identifiable individual”) and information that deserves more protection because of its sensitive nature.

Answer 34

yes