CIPP/C Text Chapter 1 - Canadian Privacy Basics Flashcards

1
Q

Define Privacy in it’s simplest terms as per Canadian Privacy Basics

A

The right to be let alone

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2
Q

What are the three Canadian classes of Privacy

A

Information Privacy, Privacy of the Person and Territorial Privacy

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3
Q

What is Information Privacy

A

All information about a person belongs to them. An individual will determine when. how and what information about them is shared with others

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4
Q

What is Privacy of the Person

A

Protects bodily integrity and freedom from physical contact. invasions include testing and body cavity searches

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5
Q

What is Territorial Privacy

A

The ability of an individual or organization to intrude into another’s physical environment. This would relate to privacy in the home where the most intimate and private activities would occur. invasions would include: audio/video surveillance and physical property searches

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6
Q

Generally, Privacy is in Canada is approached in one of 3 ways - name them

A

Privacy of the individual against the state, Privacy of the individual against other individuals, and Privacy of the individual against an organization

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7
Q

What is Privacy of the individual against the state

A

The extent to which an individual is free to live their life without the state interfering

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8
Q

What is Privacy of the individual against other individuals

A

The extent and individual can live free from intrusion from another individual such as neighbour, coworker, spouse or child

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9
Q

What is Privacy against an organization

A

The extent to which organizations can collect, use, and disclose personal information about an individual. Including what obligations the organization has once they have collected the individuals information

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10
Q

What is comprehensive Privacy Laws

A

these laws govern the collection, use and disclosure of personal information in the public and private sectors. Typically this includes an official or agency responsible for overseeing enforcement of such laws. Typically seen in Canada and the European Union

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11
Q

What is sectoral Privacy Laws

A

Sectoral framework protects personal information through the enactment of individual laws often particular to industry sectors. Sectoral law would require new legislation every time a new technology is introduced and lacks a central agency or enforcement of the laws. This approach is used in the United States

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12
Q

What is the self regulatory model

A

This model requires companies to abide by the code of practice set up by a company or group of companies in an industry or could be industry led. This approach is used in the United States, Japan and Singapore

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13
Q

What are seal programs

A

A seal program requires participants to abide by codes of information practices and adhere to monitoring . These companies wold be allowed to display the appropriate Privacy Seal on their website

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14
Q

What is the federal privacy commissioner

A

The federal Privacy Commissioner is officer of Parliament and is accountable directly to the legislature.

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15
Q

What is the federal Privacy Act

A

the Federal Privacy Act imposes rules that govern the governments collection, use and disclosure of personal information. It also provides for a right of access to that information and sets up the Office of the Privacy Commissioner (OPC) to oversee and enforce the act

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16
Q

What Privacy Act is the private sector governed by

A

PIPEDA Personal Information Protection & Electronics Document Act

17
Q

How is Privacy treated un contracts

A

contracts are private laws created by parties who agree to be bound by certain terms. Typically one party provide personal information under its control to another party. The receiving party is asked to be contractually bound to protect that personal information

18
Q

Define personal information

A

Personal information can be defined as any identifiable information about a person. These could include but not limited to: race, religion, colour, age, marital status, health information, financial information, address, finger prints, identifying number (account number), views, opinions, correspondence, etc.

19
Q

How does PIPEDA apply to Employee and work product information

A

PIPEDA does not differentiate from regular personal information and employee related information. This can include performance appraisals, internal investigation files, medical information, or complaints filed against the employee

20
Q

How does PIPEDA apply to Public Records

A

PIPEDA states that an organization can collect, use and disclose any Personal Information that is publicly available without the knowledge or consent of the individual

21
Q

How is personal information and Private/Sensitive information treated

A

Federally there is no distinction, personal information is any information about an identifiable individual - some Provinces give further guidance about what types of information would merit additional protection like: health, financial, credit, etc.

22
Q

What are the 10 Privacy Principles of PIPEDA

A

1) Accountability 2) Identifying Purposes 3) Consent 4) Limiting collection 5) Limiting use, disclosure & retention 6) Accuracy 7) safeguards 8) openness 9) Indivdual access 10) Challenging compliance