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Exam (elaborations)

CIPP/C - CANADIAN PRIVACY CERTIFICATION-CHAPTER #1- QUESTIONS WITH CORRECT ANSWERS

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CIPP/C - CANADIAN PRIVACY CERTIFICATION-CHAPTER #1- QUESTIONS WITH CORRECT ANSWERS Officers of Parliament - Answer-Report directly to parliament and generally mandated with oversight of the executive branch. Examples are the auditor general and federal privacy commissioner. Judiciary Branch of Government - Answer-Headed by the Supreme Court of Canada and made up of federal and provincial courts. Division of Power - Answer-Separates out respective areas of jurisdiction for both the federal and provincial and territorial governments. This is done through the Constitution Act of 1867 Role of Courts - Answer-Interpreting the law Constitutional authority to review laws and government actions to ensure Canadian Charter of Rights and Freedoms is upheld. General authority to review government decisions (Judicial reviews) Administrative Tribunals - Answer-Interprets law and in some instances can enforce Charter rights. Vehicles of the executive branch set up to administer specific programs with expertise (broadcasting,immigration) Conduct and decisions are government and subject to judicial review. Federal Privacy Commissioner - Answer-An officer of parliament and not a member of the executive branch. Accountable directly to legislature. Required to give annual report to Parliament Conduct and decisions are government and subject to judicial review. Charter Rights - Answer-Rights created by the Canadian Charter of Rights and Freedom. They are constitutional rights and thus are considered to be the most valued rights in Canada. The Charter of Rights and Freedoms was made part of the constitution in 1982. Common Law - Answer-Used in all provinces, except Quebec Laws are found in statutes and also in case law. This "judge made law" is on equal footing with statute made law.

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Uploaded on
April 28, 2024
Number of pages
9
Written in
2023/2024
Type
Exam (elaborations)
Contains
Questions & answers

Subjects

  • house of commons

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CIPP/C - CANADIAN PRIVACY
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

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