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Practice Questions

Which of the following laws addresses privacy from the perspective of individual privacy vs. organizations?

The Privacy Act.

PIPEDA.

Alberta’s Freedom of Information and Protection of Privacy Act.

Newfoundland and Labrador’s Access to Information and Protection of Privacy Act.

Other than healthcare, the provinces’ authority to regulate privacy in the private sector derives from the authority to regulate which of the following?

An agency of the federal government wants to process the bankruptcy information for purposes of administering a new loan program. The information the agency wants to use is all publicly available in court records. The agency obtains this information directly from individuals, but does not plan on seeking individual permission to use or disclose this data. Under the Privacy Act, is the agency permitted to use and disclose this personal information?

Yes, because the information is publicly available.

No, because there has not been consent and use and disclosure are not exempt from the consent requirement for publicly available information.

Yes, because there is implied consent as a result of the information being a public record.

No, because the information is sensitive personal information.

The CSA Model Code has been incorporated directly into which of the following?

Tanya has recently signed up for an e-newsletter that is sent weekly to her email address. Tanya provided the email address directly to the publisher of this newsletter, but she was not provided an opportunity to withhold consent to data processing. If Tanya files a complain with the OPC for a violation of PIPEDA, is OPC likely to find her complaint well-founded?

Yes, because consent is always required before collection, use or disclosure of personal information under PIPEDA.

No, because the journalistic purpose exception applies.

Yes, because if the only option for Tanya is to use or not use the product, this consent is not meaningful.

No, because on these facts, the collection, use and disclosure of personal information is a condition of service.

In what case did the OPC find that PIPEDA was violated as a result of sharing minors' personal information with third-party advertisers?

Consent is not needed to send a CEM under CASL in all of the following situations, except:

Where the sender is providing a quote or estimate that has been requested by the recipient.

Where the CEM facilitates, completes or confirms a commercial transaction.

Where information is provided directly from the sender of the CEM.

Where the CEM provides notification of factual information about an ongoing subscription or membership.

The Department of Canadian Heritage, a government institution covered by the Privacy Act, has been storing information about an individual named Jeremy for almost two years. Just before this two-year period was up, Jeremy requested access to the information, but the Department of Canadian Heritage denied his request. Thereafter, Jeremy filed a complaint with the OPC. During the pendency of this complaint, however, the Department of Canadian Heritage irreparably destroyed the data. Which of the following is true?

The government institution did not violate the Privacy Act because the timeframe to retain Jeremy's personal data had elapsed.

The government institution did not violate the Privacy Act, but only if the information was destroyed pursuant to a standardized procedure that was publicly disclosed.

The government institution did not violate the Privacy Act because it had no affirmative obligation to maintain personal information.

The government institution violated the Privacy Act because it was obligated to retain that data until Jeremy had exercised all of his rights under the Privacy Act.

Jessica is an account executive at a regional health care facility. When she started her job, she was required by law to take an oath or affirmation of confidentiality related to PHI. Which province is Jessica most likely located in?

Acme Corp. sends thousands of marketing emails daily to recipients located on its mailing lists. How can Acme Corp. best demonstrate its compliance with Canada's Anti-Spam Legislation?

By maintaining records of explicit and implicit consent to receive commercial electronic messages that have been obtained from recipients.

By maintaining an unsubscribe mechanism.

By including identification information in all marketing communications.

By maintaining a publicly available privacy notice.

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