IAPP CIPP-C Certified Information Privacy Professional/ Canada (CIPP/C) Exam Practice Test

Under Ontario's Personal Health Information Protection Act (PHIPA), health information custodians may rely on implied consent in situations where the information is used for the provision of healthcare unless the patient explicitly opts out. However, private insurance companies do not directly provide healthcare and typically require explicit consent to collect, use, or disclose health information. This is because their primary role involves assessing insurance claims and risk, rather than delivering healthcare services. Long-term care homes, ambulance services, and pharmacies, on the other hand, are directly involved in the provision of care and can typically operate under an implied consent model when sharing information for healthcare purposes.

Under the Privacy Act, which governs the handling of personal information by federal government institutions, the Privacy Commissioner of Canada does not have the authority to order institutions to take remedial action. The Commissioner's powers are limited to investigating complaints, making recommendations, and, where necessary, taking matters to the Federal Court for resolution. While the Commissioner can recommend solutions and proceed to court to seek orders for compliance, direct enforcement powers, such as ordering remedial actions independently, are not granted under the Privacy Act. Thus, the correct answer is B.

Under the federal Privacy Act, which governs how federal public-sector organizations manage personal information, the law specifies conditions under which personal information may be collected. These include when the collection directly relates to and is necessary for an operating program or activity of the institution (Option A), when it is for the purposes of law enforcement (Option B), or when it is expressly authorized under another act (Option C). However, the Privacy Act does not include a general provision that allows for the collection of personal information based solely on consent (Option D). The Act is designed to limit the collection of personal information to what is strictly necessary for government functions, without relying on the consent of the individual as a basis for collection. Therefore, Option D is the correct answer as it is not a requirement under the federal Privacy Act.

In Ontario, as well as in most jurisdictions in Canada, once a patient discloses information to a healthcare provider, the information becomes part of their health record and cannot typically be altered or deleted based on the patient's subsequent regret or preference for privacy. Under privacy laws that apply to health information in Ontario, such as the Personal Health Information Protection Act (PHIPA), a patient does not have the right to have valid medical diagnoses removed or altered in their health record. However, they can request that the disclosure of their health information be restricted to certain persons or for certain purposes. Therefore, the patient would be most successful at pursuing Option B, requesting that the information be restricted from disclosure to other healthcare providers. This is supported by Section 20 of PHIPA, which allows individuals to withhold or withdraw consent for certain uses of their information, with necessary exceptions for emergency situations or other legally mandated disclosures.

The Government of Canada’s Directive on Privacy Impact Assessments is designed to ensure that privacy implications are appropriately considered in the delivery of Government of Canada programs and services. This directive typically applies to federal departments and agencies. However, it does not apply to The Cabinet, which is essentially part of the executive branch of government involved in decision-making at the highest levels. Cabinet discussions and materials are often confidential and governed by different sets of rules regarding privacy and security. Thus, the correct answer is D, The Cabinet.

When an organization responsible for a large number of records considers outsourcing the storage of those records, it is critical to ensure that there is a robust contractual agreement in place between the organization and the records storage company. This agreement should outline the responsibilities of the storage company, the security measures they must adhere to, and the conditions under which they handle the personal information stored on the records1.

A contractual agreement serves several important purposes:

• It defines the scope of services provided by the storage company.
• It sets forth the security standards and privacy protections that must be maintained.
• It establishes the legal obligations of the storage company, including compliance with relevant privacy laws and regulations.
• It provides a mechanism for accountability and recourse in the event of a breach or non-compliance.

While determining if the personal information will be used for data matching (option A) and ensuring that consent was informed and meaningful (option D) are important considerations, they do not directly address the relationship between the organization and the storage company. Conducting a Privacy Impact Assessment (PIA) (option C) is also a valuable step, but it is a preparatory measure that should inform the development of the contractual agreement rather than being the critical factor in the outsourcing decision.

Therefore, the verified answer is B, as establishing a contractual agreement is the most critical consideration to ensure that the outsourced storage of records is managed in a way that protects the personal information and complies with privacy laws and regulations

According to the Canadian Standards Association (CSA) Model Code, which has been adopted into PIPEDA, personal information should be retained only as long as necessary to fulfill the purposes for which it was collected. This principle ensures that personal information is not kept indefinitely without a valid reason, supporting data minimization and limiting potential privacy risks associated with unnecessary data retention. This principle is reflected in the CSA Model Code's retention guideline, which emphasizes the need to retain personal information only for the duration required to achieve its intended purpose. Therefore, the correct statement is Option D.

The Personal Information Protection and Electronic Documents Act (PIPEDA) applies to private sector organizations that operate across provincial or national borders in Canada in the course of commercial activities. Therefore, employees of an airline offering flights across Canada would be subject to PIPEDA because their employer operates in a federally regulated sector involving interprovincial transportation. The other examples given—underwriters for a New Brunswick insurance company, clerks at a Montreal credit union, and the IT department of a provincial government office in Saskatchewan—are subject to provincial privacy laws rather than PIPEDA. In the case of the credit union in Quebec and the insurance company in New Brunswick, provincial privacy laws apply to their operations within the province, and provincial public sector privacy laws cover the Saskatchewan Office of Residential Tenancies.

In Canada, the compliance requirements for private sector organizations subject to a finding by a Canadian federal or provincial privacy authority can vary depending on the jurisdiction. Specifically, in Québec, organizations are required to comply with the findings as a binding decision1. This is due to the legislative provisions set out in “An Act to modernize legislative provisions as regards the protection of personal information,” which was adopted unanimously on September 22, 2021, and came into force on September 22, 20221. The act introduces significant reforms to the private sector privacy laws in Québec, including mandatory breach reporting and administrative penalties for noncompliance1.

The other options provided do not accurately reflect the requirements across all jurisdictions in Canada:

• Option B suggests compliance only with the findings of the Privacy Commissioner of Canada, which does not account for provincial authorities like Québec’s Commission d’accès à l’information du Québec.
• Option C, which states that organizations must adopt and apply the finding within 30 days of the published report in all jurisdictions, is not accurate as the response to findings can differ between federal and provincial levels.
• Option D is specific to Ontario and does not represent a general requirement for all private sector organizations in Canada. It suggests applying for judicial review within a provincial court to accept or refute the finding, which is not a standard procedure across all provinces.

Therefore, the verified answer is A, as it correctly identifies the requirement for private sector organizations in Québec to comply with the findings as a binding decision, in line with the modernized privacy laws of the province1. It is important for organizations to be aware of the specific privacy laws and regulations that apply to their operations within different Canadian jurisdictions, as outlined by the CIPP/C certification program2

Safeguarding and securing sensitive information under privacy legislation generally falls into three main categories: Administrative, Technical, and Physical. Administrative safeguards involve policies and procedures that manage the conduct of the organization's staff and the security of its data. Technical safeguards involve the technology used to protect data and control access to it. Physical safeguards refer to the measures taken to protect physical computer systems and related buildings and equipment from harm and unauthorized physical access. Therefore, the correct answer is B, "Physical," which complements administrative and technical safeguards to create a comprehensive security environment.

Personal information is deemed publicly available in specific instances where it is legally available to the public. For example, if you belong to a professional body and your name appears on a registry that meets legal requirements, such as those provided for by professional licensing laws, your personal information is considered publicly available. This is outlined under exceptions in privacy legislations like PIPEDA, which specifically excludes information that is publicly accessible as defined by regulations. The other scenarios listed (B, C, D) do not involve legally required public registries or directories and therefore would not automatically render the personal information publicly available.

Under the Personal Information Protection and Electronic Documents Act (PIPEDA), when transferring personal information to a foreign country, an organization must meet the Act’s transparency requirements by advising customers that their data may be accessed by another jurisdiction's courts or law enforcement. This requirement ensures that individuals are aware of the risks associated with the international transfer of their personal information, including potential access by foreign government entities. This transparency is crucial for maintaining trust and helps individuals make informed decisions about their personal information. This guideline is directly stipulated in the guidance provided by the Office of the Privacy Commissioner of Canada, emphasizing the importance of informing individuals about the potential legal exposure their data might face in foreign jurisdictions.

Under the Alberta Personal Information Protection Act (PIPA), when a real risk of significant harm (RROSH) from a data breach has been determined, the organization must notify both the individuals affected and the Privacy Commissioner of Alberta. The law requires that notifications include the description of the personal information involved in the breach, the number of individuals affected, and the steps taken to reduce or mitigate harm. However, a description of the steps the organization will take to notify affected individuals is part of the process following the assessment and initial report, not an immediate requirement when notifying the Commissioner of the RROSH itself.

Alberta's Health Information Act (HIA) is not considered substantially similar to the Personal Information Protection and Electronic Documents Act (PIPEDA). While the HIA governs the collection, use, and disclosure of health information specifically within Alberta, it is structured differently and has distinct provisions compared to PIPEDA, which is a federal privacy law applicable to the private sector across all provinces and territories in Canada, except for those areas where provincial privacy laws have been deemed substantially similar. The other provincial acts listed (from New Brunswick, Ontario, and Nova Scotia) are recognized by the federal government as being substantially similar to PIPEDA, meaning they provide similar protections and can supersede PIPEDA within their respective jurisdictions for the handling of health information.

For a federally regulated company operating across multiple provinces, reporting obligations for a privacy breach involving personal information depend on the applicable provincial legislation as well as federal requirements under the Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA requires that organizations report to the Privacy Commissioner of Canada any breach of security safeguards involving personal information that poses a real risk of significant harm. Additionally, provinces like Alberta and British Columbia have specific legislation that mandates reporting to provincial regulators. Quebec's privacy law also includes breach notification provisions. Therefore, the company must report the breach to both the federal Commissioner and the provincial privacy regulators in all provinces where its customers are affected if those provinces have mandatory breach reporting laws. This ensures compliance with both federal and applicable provincial laws. Thus, the correct answer is B, "All of the provinces where its customers are located."

The Privacy Commissioner of Canada reports to the Parliament of Canada, specifically to both the House of Commons and the Senate. This structure supports the Commissioner's role as an officer of Parliament, emphasizing the independence necessary for overseeing the government's adherence to privacy laws and handling Canadians' personal information. The reporting relationship ensures accountability and enables the Commissioner to report on privacy issues directly to the legislative body that represents the interests of the public.

The federal Privacy Commissioner of Canada is authorized to initiate a court action in Federal Court after completing an investigation under the Personal Information Protection and Electronic Documents Act (PIPEDA) if there has been a refusal to comply with a recommendation made by the Commissioner or if there is a need to clarify the application of the Act. Specifically, the Commissioner can seek a Federal Court determination when there is a dispute about whether personal information was properly withheld from release. This function aligns with the Commissioner's mandate to oversee compliance with PIPEDA and address complaints regarding the handling of personal information by organizations. This provision is found under Section 14 of PIPEDA.

For a provincial law to be considered substantially similar to the Personal Information Protection and Electronic Documents Act (PIPEDA), it must consist of consistency with the ten privacy principles, an independent oversight body, and a redress mechanism. This criterion is set by the federal government to ensure that provincial privacy laws provide a comparable level of protection as PIPEDA. If a provincial privacy law meets these standards, it is declared substantially similar, which allows it to supersede PIPEDA within that province for private sector data handling. This framework helps to maintain a uniform standard of privacy protection across Canada while allowing for regional adaptations.

The Canadian Standards Association (CSA) Privacy Principles, which are part of the CSA Model Code for the Protection of Personal Information and have been incorporated into the Personal Information Protection and Electronic Documents Act (PIPEDA), specify that personal information shall be protected with security safeguards appropriate to the sensitivity of the information. This implies that not all personal information requires the same level of protection, but rather protection proportional to its sensitivity. Therefore, the statement in Option A, "Personal information shall be protected by the same security safeguards regardless of the sensitivity of the information," is not a CSA Privacy Principle and is incorrect.

The principle of "Openness" in the Personal Information Protection and Electronic Documents Act (PIPEDA) has particularly contributed to the increase in privacy policies in recent years. This principle requires organizations to be open about their policies and practices regarding the management of personal information. They must make this information readily available in a form that is generally understandable. The emphasis on openness has compelled organizations to develop, maintain, and publish detailed privacy policies that outline how personal information is collected, used, disclosed, and protected. This requirement helps to ensure that individuals are informed about the privacy practices of organizations and can make informed decisions regarding their personal information.

Under the Privacy Act, government institutions are typically allowed to disclose personal information without the consent of the individual in certain circumstances, such as for law enforcement purposes or in compliance with court orders (e.g., search warrants). Disclosures to a member of parliament to assist in resolving a problem also usually do not require consent if they are for a purpose consistent with the reason the data was initially collected. However, disclosing personal information to a registered charitable organization would not fall under these usual exceptions and would generally require the individual's consent unless another specific exception applies. This ensures that personal information is not shared beyond the scope of its original collection purpose without appropriate authorization.

The movement toward comprehensive privacy and data protection laws can largely be attributed to the need to ensure consistency with global laws. This factor is pivotal as it reflects the globalized nature of the digital economy and the cross-border flow of data. Ensuring that local laws are compatible with global standards helps in maintaining international trade relationships, encourages data exchange, and builds trust in digital transactions and interactions worldwide. It also helps countries keep pace with international best practices and meet the expectations of foreign partners and international regulatory requirements.