11) 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.
11) 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.
12) 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.
13) 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.
14) 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
15) 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
16) 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.
17) 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.
18) 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
19) 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.
20) 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.
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