Legal Basics

Question 1

What are the three Perspectives of privacy in Canada?

Answer 1

• 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

Question 2

The provinces are responsible for what areas of the law

Answer 2

hospitals, education, provincial courts and municipalities

Question 3

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

Answer 3

legislative branch

Question 4

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

Answer 4

Check and Balance

Question 5

Which parliamentary chamber is not elected

Answer 5

Senate

Question 6

What is the purpose of administrative tribunals

Answer 6

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

Question 7

What was part of the Canadian Constitution in 1982.

Answer 7

Canadian Charter of Rights and Freedoms

Question 8

Officer of Parliament are also referred to as

Answer 8

Privacy commissioner

Question 9

What is the purpose of judicial review

Answer 9

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

Question 10

Which province uses civil Law

Answer 10

Quebec

Question 11

What are the two types of laws provinces use

Answer 11

Common and Civil Law

Question 12

Which law is found in statues

Answer 12

Common law

Question 13

Which act governs the private sector

Answer 13

Personal Information Protection and Electronic Documents Act (PIPEDA)

Question 14

Who oversees and enforces the Privacy Act

Answer 14

Office of the Privacy Commissioner (OPC)

Question 15

What is the purpose of the Privacy Act

Answer 15

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

Question 16

What is the difference between common law and civil law

Answer 16

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

Question 17

What private law is created by two parties

Answer 17

contracts

Question 18

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

Answer 18

Section 8

Question 19

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

Answer 19

Section 7 and section 8

Question 20

What three factors attribute to Comprehensive Law

Answer 20

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

Question 21

What is another name for commission or ombudsperson

Answer 21

data protection authority

Question 22

What act protects privacy

Answer 22

Canadian Charter of Rights and Freedoms

Question 23

How is privacy protected in Canada

Answer 23

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

Question 24

What is the definition of personal information under PIPEDA

Answer 24

any identifiable information about an individual

Question 25

In the privacy act what is considered personal information

Answer 25

-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

Question 26

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

Answer 26

information about an identifiable individual

Question 27

What information is not protected under the Privacy Act

Answer 27

- 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

Question 28

What is the application of PIPEDA

Answer 28

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

Question 29

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

Answer 29

yes | physicians handwritten exams notes about individual is constitutes as personal information

Question 30

What is employment information

Answer 30

‘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

Question 31

What is work-product information

Answer 31

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

Question 32

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

Answer 32

- 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

Question 33

What reason may a information not be protected?

Answer 33

publicly available

Question 34

What are the categories of information that is considered publicly available

Answer 34

-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

Question 35

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

Answer 35

1981

Question 36

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

Answer 36

Canadian Standard Association

Question 37

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

Answer 37

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

Question 38

Why did CSA develop the CODE

Answer 38

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

Question 39

What committees influenced the CODE

Answer 39

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

Question 40

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

Answer 40

Model Code for the Protection of Personal Information (CODE)

Question 41

What are the 10 principles in the CSA model code

Answer 41

- accountability - identifying purpose - consent - limiting collection - limiting use, disclosure and retention - accuracy - safeguards - openness - individual access - challenging compliance

Question 42

What is the purpose of accountability?

Answer 42

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

Question 43

what is the purpose of consent

Answer 43

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

Question 44

what is the principle of limiting collection

Answer 44

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

Question 45

What the principle of limiting use, disclosure and Retention

Answer 45

- 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

Question 46

What is the purpose of accuracy

Answer 46

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

Question 47

What is the principle of safeguards

Answer 47

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

Question 48

What is the principle of openness

Answer 48

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

Question 49

What is the principle of individual access

Answer 49

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

Question 50

what is the principle of challenging compliance

Answer 50

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

Question 51

Who created the Generally Accepted Privacy Principles (GAPP)

Answer 51

AICPA and the CICA

Question 52

What is the purpose of GAPP

Answer 52

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

Question 53

List the 10 principles of GAPP

Answer 53

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

Question 54

What is the principal of management

Answer 54

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

Question 55

What is the principle of notice

Answer 55

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

Question 56

what is the principle of choice and consent

Answer 56

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

Question 57

What is the principle of use, retention and disposal

Answer 57

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

Question 58

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

Answer 58

information privacy privacy of person terrority privacy

Question 59

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

Answer 59

information privacy

Question 60

Which class of privacy main purpose is to protect bodily integrity

Answer 60

privacy of person