Deck 32: Privacy

Question 1

The reasonable expectation of privacy relating to a particular situation requires

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.

Answer 1

E

Question 2

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

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.

Answer 2

B

Question 3

Data shadows pose serious threats to privacy in that they contain personal information relating to

A)electronic records of the internet activity of a user.
B)technological analysis of physical characteristics such as fingerprints.
C)text messages.
D)private employment records of employees.
E)digital storage devices.

Answer 3

A

Question 4

Privacy legislation covering municipalities puts enforcement of a breach of privacy by municipal governments in the hands of

A)the particular municipal Privacy Commissioner.
B)the provincial Privacy Commissioner.
C)the federal Privacy Commissioner.
D)the Federal Court of Canada.
E)the high courts of the province in which the municipality is located.

Question 5

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

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 6

Territorial privacy involves

A)protection of personal information.
B)protection of one's home,business,and other personal spaces.
C)issues of bodily integrity such as surveillance,search,and seizure.
D)protection of government or national information.
E)all of the above

Question 7

Privacy in the education sector is regulated by

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 8

The provisions of the PIPEDA apply to all commercial activities

A)except where the matter is provided for in the Privacy Act,Canada,only.
B)including matters provided for in the Charter of Rights and Freedoms.
C)except where the matter is provided for in the federal Privacy Act and substantially similar provincial legislation.
D)except where a province passes substantially similar legislation only.
E)including all matters provided for in the Privacy Act,Canada,and substantially similar provincial legislation.

Question 9

In Canada,privacy is

A)neither a fundamental human right nor a fundamental privilege.
B)an absolute fundamental human right under the Charter.
C)a fundamental human privilege allowing the government to give it and take it away.
D)an absolute fundamental privilege under the Charter.
E)a qualified fundamental human right under the Charter.

Question 10

The test for "reasonableness," for the purpose of Principle 2 of the Canadian Standards Association Model Code which has been incorporated into the PIPEDA and relates to collection of information necessary for an expressly identified purpose,is

A)whether the loss of privacy is proportional to the benefit gained.
B)whether there is a way to achieve the same end which is less intrusive of privacy.
C)whether the measure taken is demonstrably necessary to meet that need.
D)whether the measure taken will likely be effective in meeting that need.
E)all of the above

Question 11

Opt-out consent is

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 12

Under the Privacy Act,Canada,a government institution can disclose information with the consent of an individual EXCEPT

A)to a regulatory investigative body.
B)in legal proceedings involving the government.
C)for the purpose for which it was collected.
D)information which is subject to solicitor-client privilege.
E)for research or statistical purposes.

Question 13

The law of privacy balances

A)an individual's right to privacy against the individual's right to security.
B)the needs of society in a democratic state.
C)the needs of society and an individual's right to privacy.
D)the needs of society and court decisions relating to privacy.
E)the requirements of territorial privacy against those of personal privacy.

Question 14

Which of the following is among the newest and greatest threats to privacy?

A)digital storage devices
B)the Internet
C)data shadows
D)biometrics
E)all of the above

Question 15

Outsourcing and transborder data flow occurs when a Canadian company

A)sends personal information via fax to a company located in another country.
B)opens up a branch in another province or country and sends personal data to it for processing.
C)receives and works on matters relating to personal data from a company in another province.
D)gives work related to the Canadian company which involves private data to an out-of-country company.
E)none of the above

Question 16

Non-compliance with the provisions of the Privacy Act,Canada,is first monitored by

A)the federal Privacy Commissioner.
B)the courts.
C)the Privacy Commissioner of the province in which the individual whose information is disclosed resides.
D)the executive branch of the federal government.
E)the Commissioner of Intergovernmental Affairs.

Question 17

A breach of the provisions of the Ontario Freedom of Information and Privacy Act can result in

A)a reprimand of the Ontario government by the Premier of Ontario.
B)liability in damages for the provincial crown.
C)a reprimand of the Ontario government by an Ontario high court.
D)only a finding that the Ontario Statute has been breached.
E)both a finding that the Ontario Statute has been breached and a reprimand by the Premier of Ontario.

Question 18

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

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 19

A public federal company in Canada which issues credit cards to Canadians wants to save money and is now considering outsourcing the personal information of its clients to a company in the United States for the purpose of processing credit transactions.Before doing so,however,among other things,this Canadian company should

A)ensure that the employees of the U.S.company are all computer literate.
B)conduct a security analysis of the U.S.company before entering into any agreement with it.
C)ensure that the Internet connection to the U.S.company cannot easily be disconnected.
D)ensure that the computer equipment of the U.S.company has sufficient storage capacity.
E)keep a copy of all data sent to the U.S.company.

Question 20

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

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 21

The law of privacy involves putting the needs of society above an individual's right to privacy.

Question 22

The motivation behind Canada's compliance with standards set by the European Directive on Protection of Data fails to give credibility to voluntary codes of conduct developed by industry,associations,and international organizations.

Question 23

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

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.

Question 24

In Canada,privacy is governed by the constitution; the PIPEDA; the Privacy Act,Canada; and corresponding provincial legislation and related statutes.

Question 25

Where the PIPEDA imposes a duty on a business in respect of privacy,a breach of that duty can lead to a negligence lawsuit against that business.

Question 26

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

Question 27

Today,there is no doubt that common law recognizes the independent tort of invasion of privacy as a distinct cause of action.

Question 28

Prior to the enactment of privacy legislation,the right to privacy was protected by

A)canon law.
B)existing property-based torts,such as trespass,nuisance,and defamation.
C)the constitution.
D)mercantile law.
E)criminal law.

Question 29

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

Question 30

Canadian Anti-Spam Legislation (CASL)prohibits all of the following EXCEPT

A)sending unsolicited commercial electronic messages.
B)employing spyware and other tactics often used to steal personal information about a computer user.
C)installing a computer program without prior permission.
D)the sending of faxes before 9:00 a.m.and after 9:30 p.m.on weekdays.
E)sending unsolicited commercial telemarketing messages.

Question 31

Personal privacy includes the protection of one's home,business,and personal spaces.

Question 32

Proposed amendments to the Criminal Code concerning privacy are to focus on,among other things,the custodian of the personal information.

Question 33

Under the Privacy Act,Canada,the purpose of collection of information need not relate directly to an operating program or activity of the institution collecting it.

Question 34

In order to determine whether surveillance in the workplace is reasonable,an employer must demonstrate that

A)it is the only way to achieve the same end.
B)it is necessary to meet a specific need.
C)it will likely be effective in meeting that need.
D)the loss of privacy is proportional to the benefit gained.
E)all of the above

Question 35

Surveillance of employees in the workplace can take the form of

A)covert surveillance only.
B)consensual surveillance only.
C)disclosed surveillance and consensual surveillance.
D)disclosed surveillance only.
E)covert,disclosed,and consensual surveillance.

Question 36

Where an organization's practices lead to a breach of privacy or security under the PIPEDA,the organization

A)must immediately notify an affected individual.
B)must immediately notify the Privacy Commissioner.
C)must notify an affected individual within a reasonable amount of time of the breach.
D)need not notify the affected individual unless the information is extremely sensitive.
E)need not notify the affected individual at all.

Question 37

Disclosed surveillance occurs when

A)the employer does not make the employee aware of surveillance.
B)the employer tells the employee in advance about the surveillance,but does not obtain the employee's consent.
C)the employer tells the employee in advance about the surveillance and obtains the employee's consent.
D)the employer makes the employee aware of surveillance after installation and obtains the employee's consent.
E)the employer tells its management about the surveillance and leaves it to them to tell the employee.

Question 38

Which of the following is NOT one of the criteria developed to determine whether opt-out consent is acceptable in a particular circumstance?

A)Information sharing must clearly define the precise limits of use or disclosure.
B)The identified purpose must be clear,well defined,and brought to the attention of the data owner.
C)Personal information must be highly sensitive in its nature and content.
D)Personal information must be non-sensitive in nature and context.
E)An easy,inexpensive,and convenient process for withholding consent must be available.

Question 39

One of the ways in which organizations can comply with the principle that information must be complete,accurate,and current is to ensure that

A)they regularly review the personal information that they have collected.
B)they collect as much personal information as they possibly can about an individual.
C)they display the date to which the information is accurate.
D)they continue to keep all personal information that they have collected and not just the information obtained.
E)they regularly update personal information regardless of whether it is necessary to do so.

Question 40

Data shadows refers to electronic records of the computer activity of an individual.

Question 41

Explain the powers of the Privacy Commissioner under the PIPEDA.

Question 42

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

Question 43

It is said that the PIPEDA controls the collection,use,and disclosure of personal information during a commercial activity.What is meant by "commercial activity"?

Question 44

Can health records that indicate the violent nature of an individual who is deeply disturbed be disclosed without the consent of the individual in question?

Question 45

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

Question 46

Explain whether the right to privacy is an absolute right,providing your reasons.

Question 47

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

Question 48

Explain some of the ways in which the Criminal Code deals with privacy violations.

Question 49

In Canada,provincial privacy legislation that is substantially the same as the federal PIPEDA exempts provincial businesses from the PIPEDA.

Question 50

What do we mean when we say that privacy is a private-sector concern?

Question 52

Upon request,a telemarketer must provide a toll-free number that the consumer can call to speak to an employee of the telemarketer or client.

Question 53

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

Question 54

Explain what privacy is.

Question 55

One of the recent recommendations made by the Office of the Privacy Commissioner of Canada is the strengthening of the provisions governing the disclosure of personal information by the Canadian government to foreign states.

Question 56

In a given society,who determines the extent of privacy?

Question 57

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.

Question 58

Some professional associations govern the privacy practices of their members through professional codes of conduct.

Question 59

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

Question 60

It appears that an employer has the right to monitor employees who use the employer's resources and equipment to do their work.Explain why.

Question 61

In the historical approach to privacy,some philosophers have described privacy as something more like a privilege,because a privilege can be bestowed by government and,when necessary,taken away,as compared to a fundamental right,which is guaranteed.In this regard,consider the right to bear arms in the American constitution.Recent decisions of the United States Supreme Court have upheld this as an absolute right,striking down legislation attempting to limit or restrict it.With this in mind,discuss whether today in Canada,privacy can be said to be less than a fundamental human right afforded to Canadians and more like a privilege.

Question 62

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

Question 63

Traditionally,before the Charter of Rights and Freedoms and the enactment of both federal and provincial legislation dealing with privacy and its protection,the common law was the only source of protection of privacy.Explain the various areas of common law that protected and,to a degree,continue to protect privacy.

Question 64

When it comes to outsourcing and transborder data flow to companies in the United States,what steps should Canadian businesses take,and are these steps sufficient to ensure protection of personal information?