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Chapter 1: Legal Basics > Legal Basics > Flashcards

Legal Basics Flashcards

1
Q

What are the three Perspectives of privacy in Canada?

A
  • Privacy of the individual vis-à-vis the state
  • Privacy of the individual vis-à-vis organizations.
  • Privacy of the individual vis-à-vis other individuals
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2
Q

The provinces are responsible for what areas of the law

A

hospitals, education, provincial courts and municipalities

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3
Q

The house of commons and Senate are member of which branch?

A

legislative branch

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4
Q

What system does the Canadian government use to ensure each branch is accountable

A

Check and Balance

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5
Q

Which parliamentary chamber is not elected

A

Senate

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6
Q

What is the purpose of administrative tribunals

A
  • interpret laws and, in some instances, can also enforce Charter rights.
  • vehicles of the executive branch and are organized to administer specific programs
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7
Q

What was part of the Canadian Constitution in 1982.

A

Canadian Charter of Rights and Freedoms

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8
Q

Officer of Parliament are also referred to as

A

Privacy commissioner

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9
Q

What is the purpose of judicial review

A

application whereby the courts examine the procedures used by the tribunal, the merits of the decision itself, and, in some instances, the question of whether the tribunal had the jurisdiction to make the original decision in the first place

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10
Q

Which province uses civil Law

A

Quebec

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11
Q

What are the two types of laws provinces use

A

Common and Civil Law

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12
Q

Which law is found in statues

A

Common law

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13
Q

Which act governs the private sector

A

Personal Information Protection and Electronic Documents Act (PIPEDA)

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14
Q

Who oversees and enforces the Privacy Act

A

Office of the Privacy Commissioner (OPC)

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15
Q

What is the purpose of the Privacy Act

A

The Privacy Act imposes rules that govern the government’s collection, use and disclosure of personal information. It also provides for a right of access to that information

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16
Q

What is the difference between common law and civil law

A

Common law is found in the statue and is referred to as judge made law. Civil law is organized into civil codes which removes the need to use judicial decisions to determine what laws exist

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17
Q

What private law is created by two parties

A

contracts

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18
Q

Which section is used to prevent government authorities from violating privacy rights when gather evidence conducting investigations or conducting administrative functions

A

Section 8

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19
Q

Which two sections of the Canadian Charter of Rights and Freedoms protects privacy

A

Section 7 and section 8

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20
Q

What three factors attribute to Comprehensive Law

A
  • remedy past injustices
  • promote electronic commerce
  • ensure consistency with pan European Laws
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21
Q

What is another name for commission or ombudsperson

A

data protection authority

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22
Q

What act protects privacy

A

Canadian Charter of Rights and Freedoms

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23
Q

How is privacy protected in Canada

A

by rules and principles that govern what governments and organizations can do with personal information

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24
Q

What is the definition of personal information under PIPEDA

A

any identifiable information about an individual

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25
Q

In the privacy act what is considered personal information

A

-information related to education or the medical , criminal or employment
-financial transactions
-identifying number, symbol or particular assigned to the individual
-address, fingerprints or blood type of individual
personal opinions or views of the individual
-correspondence sent to government by individual for implicitly or explicitly of a confidential nature
-the name of the individual where it appears with other personal information

26
Q

How does the province Alberta define personal information in the Personal Information Protection Act

A

information about an identifiable individual

27
Q

What information is not protected under the Privacy Act

A
  • individual is or was an officer or employee of the government institution
  • title, business address and telephone number of the individual
  • the classification, salary range and responsibilities of position held by individual
  • name of individual on a document prepared by individual in the course of employment
  • personal opinions or views of the individual given in the course of employment
28
Q

What is the application of PIPEDA

A

It applies to every organization that collects uses or discloses in the course of commercial activates 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

29
Q

Under the PIPEDA act is handwritten in the context of health protected?

A

yes

physicians handwritten exams notes about individual is constitutes as personal information

30
Q

What is employment information

A

‘personal employee information’ means, in respect of an individual who is an employee or a potential employee, personal information reasonably required by an organization that is collected, used or disclosed solely for the purposes of establishing, managing or terminating

31
Q

What is work-product information

A

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

32
Q

How does employment information differ in British Columbia and Alberta under the PIPA

A
  • different definition: employee personal means personal information about individual that is collected , used or disclosed solely for the purpose 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 an individuals employment
  • specific provisions set out a sperate set of rules
33
Q

What reason may a information not be protected?

A

publicly available

34
Q

What are the categories of information that is considered publicly available

A

-subscriber that appears in telephone directory that is available to the public which subscriber can refuse to have personal information appear in directory
-professional or business directory, listing or notice that is avaialbe to public
-registry collected under a statutory authority which a right of public access is authorized by
-records or document of a judicial or quasi judical body that is available to the public
publication

35
Q

In what year did the Organization for Economic Co-operation and Development (OECD) create Guidelines on the Protection of Privacy and Transboarder Flows of Personal Data

A

1981

36
Q

What organization created their own set of privacy principles from the OECD’s model code

A

Canadian Standard Association

37
Q

What is the difference between Canadian Standard Association (CSA) code and OCED model code

A

CSA broke OCED model code into 10 principles and as schedule to Canada’s private sector privacy law , PIPEDA .

38
Q

Why did CSA develop the CODE

A

to find a balance between legitimate business interests and the individual right to privacy

39
Q

What committees influenced the CODE

A 
Federal and provincial
governments 
consumers 
advocates 
organized labour 
security and IT 
experts 
industries: finical services, telecommunications, cable television and direct marketing
40
Q

In 1996 what did CSA called its new version of the OCED model code

A

Model Code for the Protection of Personal Information (CODE)

41
Q

What are the 10 principles in the CSA model code

A
  • accountability
  • identifying purpose
  • consent
  • limiting collection
  • limiting use, disclosure and retention
  • accuracy
  • safeguards
  • openness
  • individual access
  • challenging compliance
42
Q

What is the purpose of accountability?

A

responsible for personal information and designate individual or induvial that are accountable for compliance

43
Q

what is the purpose of consent

A

knowledge and consent of the individual are required for the collection, use or disclosure of personal information except where in appropriate

44
Q

what is the principle of limiting collection

A

collection of personal information shall be limited to that which is necessary for the purposes identified by the organization. information shall be collected by fair and lawful means

45
Q

What the principle of limiting use, disclosure and Retention

A
  • personal information shall be used or disclosed for purposes other than those for which was collected except with the consent of the individual or as required by law.
  • Personal information shall be retained only as long as necessary for the fulfilment of those purposes
46
Q

What is the purpose of accuracy

A

personal information shall be as accurate, complete and up to date as is necessary for the purposes for which it is to be used

47
Q

What is the principle of safeguards

A

personal information shall be protected by security safeguards appropriate to the sensitivity of the information

48
Q

What is the principle of openness

A

an organization shall make readily available to individuals specific information about its policies and practices relating to the management of personal information

49
Q

What is the principle of individual access

A

individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate

50
Q

what is the principle of challenging compliance

A

individual shall be able to address a challenge concerning compliance with the above principles to the designated individual or individuals accountable for the organizations compliance

51
Q

Who created the Generally Accepted Privacy Principles (GAPP)

A

AICPA and the CICA

52
Q

What is the purpose of GAPP

A

to help business navigate the competing interests of business, government and consumers
- each principle is supported by objective and measurable criteria

53
Q

List the 10 principles of GAPP

A
  • Management
  • Notice
  • Choice and consent-
  • Collection
  • Use, retention, and disposal
  • Access
  • Disclose to third parties
  • Security for privacy
  • Quality
  • Monitoring and enforcement
54
Q

What is the principal of management

A

entity defines, documents communicates and assigns accountability for its policy and procedure

55
Q

What is the principle of notice

A

provides notice about privacy policy and procedure & identifies purpose for which personal information is being collected, disclosed and retained

56
Q

what is the principle of choice and consent

A

choices available to individual and obtains implicit/explicit consent with respect to collection, use and disclosure of personal information

57
Q

What is the principle of use, retention and disposal

A

limits the use of personal information to the purposes identified in the notice and for which the individual has provided implicit and explicit consent
-retain personal information for only as long as necessary to fulfil stated purpose required by law and after disposed

58
Q

What are the three main category which Canadian jurists have classified privacy

A

information privacy
privacy of person
terrority privacy

59
Q

Which class of privacy is concerned with establishing rules that govern the collection and handling of personal information

A

information privacy

60
Q

Which class of privacy main purpose is to protect bodily integrity

A

privacy of person

Chapter 1: Legal Basics (3 decks)

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