CERTIFICATION-CHAPTER #1-
QUESTIONS WITH CORRECT ANSWERS
Canadian Legal System - Answer-Federal - Powers of the Constitution
Trade and Commerce (privacy), Criminal law, banking, national defense.
Provincial - Division of Powers
Civil and Property Rights (privacy), hospitals, education, municipalities
Territorial - Usually fall under federal - do have some public sector privacy laws
Canadian Laws anchored in OECD Principles - Answer-Accountability
Purpose Specification
Collection Limitation
Use Limitation
Data Quality
Security Safeguards
Openness
Individual Participation
Canadian Sector Specific Laws - Answer-Federal Bank Act
Consumer Credit Reporting Laws
Provincial Laws Governing Credit Unions and Personal Information Collected by
Individuals
Provincial Privacy Laws - Answer-Personal Information Protection Act - Alberta
Personal Information Protection Act - BC
The Act Respecting the Protection of Personal Information - Quebec
Private Sector Privacy Laws - Purpose and Applicability - Answer-Relates to every
organization that collects, uses, and discloses personal information in the course of
commercial activities
Private Sector Privacy Laws - Not Covered - Answer-Public Sector Organizations
Individual's collection of PI for domestic purposes
Collection for journalistic or artistic purposes
Private Sector Privacy Laws - Exemptions to General Legal Obligations - Answer-If it is
clearly in the interest of the individual
If it is an emergency that threatens life, health or security of an individual
If it is reasonable to assume that collection with the knowledge of the individual would
compromise the availability of the information and collection is required to investigate a
breach of contract or contravention of law
, Private Sector Privacy Laws - Refusal of Access - Answer-If it would reveal access to
another individual's personal information
If the organization has already disclosed the information to a government institution for
national security or law enforcement purposes
Classes of Privacy - Answer-Information Privacy
Privacy of the Person
Territorial Privacy
In real life, more than one area of privacy may be relevant.
Information Privacy - Answer-Has been defined as "the claim of individuals, groups, or
institutions to determine for themselves when, how, and to what extent information
about them is communicated to others". Its protection is predicated on the assumption
that all information about a person is in a fundamental way his own, for him to
communicate or retain as he sees fit.
Privacy of the Person - Answer-Protects bodily integrity, and in particular the right not to
have our bodies touched or explored to disclose objects or matters we wish to conceal.
Territorial Privacy - Answer-Limits the ability of an individual or organization to intrude
into another individual's environment. "The house of everyone is to him as his castle
and fortress". (workplace, hotels, meeting places, and even some public spaces).
Social Origins of Privacy - Answer-Recognized in the Qur'an, Bible, and Jewish law
Some form of privacy in ancient cultures from Greece to China
Origin of the Legal Protection of Privacy Rights - Answer-1361 Justices of the Peace
Act (England) - Calls for arrest of peeping toms and eavesdroppers
1765 British Lord Camden strikes down a warrant where papers were taken from a
house.
1776 Access to Public Records Act (Sweden) - Requires information held by
government to be used for legitimate purposes.
1858 France - Prohibits publication of private facts
Mid Century Origins of Privacy - Answer-1948 Organization of American States adopt
the American Declaration of the Rights and Duties of Man - Every person has the right
to the protection of law against abusive attacks upon his private and family life.
1948 The General Assembly of the United Nations adopts the Universal Declaration of
Human Rights - No one shall be subjected to arbitrary interference with his privacy,
family, home, or correspondence.
1950 Council of Europe created the European Convention for the Protection of Human
Rights and Fundamental Freedoms
Oversight and Redress - General - Answer-Privacy Commissioners may:
Investigate complaints
Enter premises