Question 1

Explain what privacy is.

Accepted Answer

Historically,privacy was described as "the right to be left alone" and considered to be essential to the autonomy,liberty,and integrity of the person.Today,privacy has three dimensions.The first is personal privacy and relates to issues on bodily integrity such as surveillance,seizure,and search.The second is territorial privacy,which deals with the protection of one's home,business,and other personal spaces,while the third is privacy of personal information,dealing with the protection of information personal to the individual.Particularly in the last case,privacy requires a balance between the needs of society and the rights of an individual.

Question 2

When an employee uses the employer's computers to perform his or her work

Accepted Answer

A) the normal expectation of privacy does not exist,but both the PIPEDA and provincial legislation prohibit monitoring. 
B) the normal expectation of privacy continues to exist and the employee cannot be monitored. 
C) the normal expectation of privacy exists,but monitoring is an exception under the PIPEDA. 
D) the normal expectation of privacy does not exist and the employee can be monitored. 
E) the normal expectation of privacy exists,but monitoring is an exception under provincial legislation. 
A) the normal expectation of privacy does not exist,but both the PIPEDA and provincial legislation prohibit monitoring. 
B) the normal expectation of privacy continues to exist and the employee cannot be monitored. 
C) the normal expectation of privacy exists,but monitoring is an exception under the PIPEDA. 
D) the normal expectation of privacy does not exist and the employee can be monitored. 
E) the normal expectation of privacy exists,but monitoring is an exception under provincial legislation. D

Question 3

Summarize the key principles for collection,use,and disclosure of personal information under the PIPEDA.

Accepted Answer

The PIPEDA permits organizations to collect,use,and disclose personal information or data (1)only for a specific expressly identified purpose that is reasonable and (2)so long as the data or information owner has knowledge of its collection,use,and/or disclosure and consents to it.

Question 4

Under the PIPEDA,in the event of a finding of non-compliance with the statute,

Accepted Answer

A) both the federal Privacy Commissioner and the federal court can make orders. 
B) orders are never made,only findings. 
C) only the Supreme Court of Canada can make orders. 
D) only the federal court can make orders. 
E) only the federal Privacy Commissioner can make orders. 
A) both the federal Privacy Commissioner and the federal court can make orders. 
B) orders are never made,only findings. 
C) only the Supreme Court of Canada can make orders. 
D) only the federal court can make orders. 
E) only the federal Privacy Commissioner can make orders.

Question 5

Explain the powers of the Privacy Commissioner under the PIPEDA.

Accepted Answer

The Privacy Commissioner receives and in

Question 6

Opt-out consent is

Accepted Answer

A) the consent of the data owner implied from the circumstances surrounding the matter which the data owner is opting out of. 
B) the consent of the data owner implied from a failure to expressly refuse consent. 
C) the implied consent of the data owner to a release of that data based on prior consents given to similar releases. 
D) the express written consent of the data owner to a release of that data. 
E) the consent of the data owner to opt out of having to provide express written consent. 
A) the consent of the data owner implied from the circumstances surrounding the matter which the data owner is opting out of. 
B) the consent of the data owner implied from a failure to expressly refuse consent. 
C) the implied consent of the data owner to a release of that data based on prior consents given to similar releases. 
D) the express written consent of the data owner to a release of that data. 
E) the consent of the data owner to opt out of having to provide express written consent.

Question 7

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

Accepted Answer

A) injurious to international affairs. 
B) about someone other than the individual. 
C) contained in exempt data banks. 
D) in compliance with a subpoena or court order. 
E) prepared for or injurious to law enforcement or policing. 
A) injurious to international affairs. 
B) about someone other than the individual. 
C) contained in exempt data banks. 
D) in compliance with a subpoena or court order. 
E) prepared for or injurious to law enforcement or policing.

Question 8

All telemarketers,including registered charities and political parties,must comply with the National Do Not Call List.

Accepted Answer

A) True 
 B)False

Question 9

Privacy in the education sector is regulated by

Accepted Answer

A) the Personal Health Information Act of Manitoba. 
B) provincial Freedom of Information and Protection of Privacy Acts. 
C) the federal PIPEDA. 
D) provincial Education Acts. 
E) all of the above 
A) the Personal Health Information Act of Manitoba. 
B) provincial Freedom of Information and Protection of Privacy Acts. 
C) the federal PIPEDA. 
D) provincial Education Acts. 
E) all of the above

Question 10

The PIPEDA regulates the reasonable handling of personal information according to the principles set out in the Canadian Standards Association Model Code.

Accepted Answer

A) True 
 B)False

Question 11

The breach of an outsourcing agreement results in both contractual and tortious liability.

Accepted Answer

A) True 
 B)False

Question 12

Section 402.1 and 402.2 of the Criminal Code creates specific offences for identity theft and identity fraud. Briefly explain some of the prohibited activities.

Accepted Answer

Digital forms of identity information su

Question 13

The collection,use,and disclosure of personal information by federal government institutions are regulated by the Privacy Act.The purpose of collection must be related directly to

Accepted Answer

A) a person's educational history. 
B) an operating program or activity of the institution. 
C) an area where an individual has provided prior approval to collect the information. 
D) legal proceedings involving the government. 
E) any purpose in relation to any foreign matter. 
A) a person's educational history. 
B) an operating program or activity of the institution. 
C) an area where an individual has provided prior approval to collect the information. 
D) legal proceedings involving the government. 
E) any purpose in relation to any foreign matter.

Question 14

Briefly describe the privacy tort intrusion on seclusion,one of Ontario's two privacy torts.

Accepted Answer

The tort of intrusion on seclusion occur

Question 15

Private communications may be intercepted without the consent of either party involved if there is court authorization.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) the information is released by a professional. 
B) it is necessary for the delivery of health services or public safety. 
C) its disclosure would give rise to government civil liability. 
D) it is necessary to protect the administration of a government-run health care facility. 
E) all of the above 
A) the information is released by a professional. 
B) it is necessary for the delivery of health services or public safety. 
C) its disclosure would give rise to government civil liability. 
D) it is necessary to protect the administration of a government-run health care facility. 
E) all of the above

Question 17

To understand privacy law in Canada,it is extremely important to know the provisions of the federal Privacy Act,the PIPEDA,and corresponding provincial legislation.Explain.

Accepted Answer

The federal Privacy Act governs the cond

Question 18

Is there a specific provision in the Charter of Rights and Freedoms making privacy a fundamental human right,and,if not,what does?

Accepted Answer

There is no such provision in the Charte

Question 19

Under the federal Privacy Act,the head of a government institution has the right to refuse public access to any record of personal information.

Accepted Answer

A) True 
 B)False

Question 20

The reasonable expectation of privacy relating to a particular situation requires

Accepted Answer

A) only an objective assessment of privacy expectations. 
B) neither a subjective nor an objective assessment of privacy expectations. 
C) no assessment of privacy expectations. 
D) only a subjective assessment of privacy expectations. 
E) both a subjective and an objective assessment of privacy expectations. 
A) only an objective assessment of privacy expectations. 
B) neither a subjective nor an objective assessment of privacy expectations. 
C) no assessment of privacy expectations. 
D) only a subjective assessment of privacy expectations. 
E) both a subjective and an objective assessment of privacy expectations.

Exam 32: Privacy

Explain what privacy is.

When an employee uses the employer's computers to perform his or her work

Summarize the key principles for collection,use,and disclosure of personal information under the PIPEDA.

Under the PIPEDA,in the event of a finding of non-compliance with the statute,

Explain the powers of the Privacy Commissioner under the PIPEDA.

Opt-out consent is

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

All telemarketers,including registered charities and political parties,must comply with the National Do Not Call List.

Privacy in the education sector is regulated by

The PIPEDA regulates the reasonable handling of personal information according to the principles set out in the Canadian Standards Association Model Code.

The breach of an outsourcing agreement results in both contractual and tortious liability.

Section 402.1 and 402.2 of the Criminal Code creates specific offences for identity theft and identity fraud. Briefly explain some of the prohibited activities.

The collection,use,and disclosure of personal information by federal government institutions are regulated by the Privacy Act.The purpose of collection must be related directly to

Briefly describe the privacy tort intrusion on seclusion,one of Ontario's two privacy torts.

Private communications may be intercepted without the consent of either party involved if there is court authorization.

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

To understand privacy law in Canada,it is extremely important to know the provisions of the federal Privacy Act,the PIPEDA,and corresponding provincial legislation.Explain.

Is there a specific provision in the Charter of Rights and Freedoms making privacy a fundamental human right,and,if not,what does?

Under the federal Privacy Act,the head of a government institution has the right to refuse public access to any record of personal information.

The reasonable expectation of privacy relating to a particular situation requires

Law, society, and Business

The Machinery of Justice

Government Regulation of Business

The Law of Torts

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

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Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

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Privity of Contract and the Assignment of Contractual Rights

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Breach of Contract and Its Remedies

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