Chapter 10 - Privacy Inside and Outside the Workplace

Question 1

Meaning of PIPEDA.

Answer 1

Personal Information Protection and Electronic Documents Act

Question 2

TRUE OR FALSE: PIPEDA does not directly affect general personal employee information held by provincially regulated employers in Ontario.

Answer 2

True

Question 3

Employee health information is now subject to this.

Answer 3

Ontario’s Personal Health Information Protection Act

Question 4

Refers to information about “an identifiable individual”.

Answer 4

Personal information

Question 5

TRUE OR FALSE: PIPEDA’s protections do not extend to “business contact information”.

Answer 5

True

Question 6

Principles that underlie the Personal Information Protection and Electronic Documents Act for proper collection, use, and disclosure of personal information.

Answer 6

Fair information principles

Question 7

A principle where an organization that collects personal information must appoint one person to oversee its compliance with PIPEDA.

Answer 7

Be accountable

Question 8

A principle where an organization must let an individual know why it is collecting personal information.

Answer 8

Identify the purpose of collection

Question 9

A principle where the individual to whom the personal information relates must consent to its collection.

Answer 9

Get consent

Question 10

A principle where the organization must collect only information that is necessary for its stated purposes.

Answer 10

Limit collection

Question 11

A principle where organizations cannot use the information collected for any purpose other than the one stated.

Answer 11

Limit use, disclosure, and retention

Question 12

A principle where use or disclosure of out-of-date or incomplete information would harm the individual, the employer should ensure that the information is accurate and current.

Answer 12

Be accurate

Question 13

A principle where an organization should protect personal information against loss, theft, unauthorized access, disclosure, copying, use, or modification.

Answer 13

Provide safeguards

Question 14

A principle where privacy policies and procedures should be clear, understandable, and readily available to customers, clients, employees, and suppliers.

Answer 14

Be open

Question 15

A principle where organizations must provide individuals with details about the personal information being held about them and the means to gain access to it, upon request.

Answer 15

Give individuals access

Question 16

A principle where organizations must establish a procedure to deal with complaints about their compliance with PIPEDA.

Answer 16

Provide recourse

Question 17

A principle where organizations has 30 days to respond to request for PI from individual.

Answer 17

Allow challenges to compliance

Question 18

A rule of evidence that protects a client from having to divulge confidential communications with his or her lawyer made for the purpose of obtaining legal advice.

Answer 18

Solicitor–client privilege

Question 19

The commissioner appointed to investigate complaints of failure to comply with the requirements of the Personal Information Protection and Electronic Documents Act

Answer 19

Privacy commissioner

Question 20

Fundamental breach by an employer of an employment contract that entitles an employee to consider herself dismissed and to sue the employer for wrongful dismissal.

Answer 20

Constructive dismissal

Question 21

5 tests of “intrusion upon seclusion”:

Answer 21

1) Intrusion must be intentional
2) Plaintiff’s private affairs must have been invaded
3) Without lawful justification
4) A “reasonable” person would regard the invasion as highly offensive
5) It causes distress, humiliation or anguish