Question 1

A breach of the provisions of the Ontario Freedom of Information and Privacy Act can result in

Accepted Answer

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. 
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.

Question 2

When it comes to outsourcing and transborder data flow to companies in the United States,what steps should Canadian businesses take,and are these steps sufficient to ensure protection of personal information?

Accepted Answer

The steps a Canadian business should tak

Question 3

Territorial privacy involves

Accepted Answer

A) protection of personal information. 
B) protection of one's home,business,and other personal spaces. 
C) issues of bodily integrity such as surveillance,search,and seizure. 
D) protection of government or national information. 
E) all of the above 
A) protection of personal information. 
B) protection of one's home,business,and other personal spaces. 
C) issues of bodily integrity such as surveillance,search,and seizure. 
D) protection of government or national information. 
E) all of the above

Question 4

The law of privacy involves putting the needs of society above an individual's right to privacy.

Accepted Answer

A) True 
 B)False

Question 5

In Canada,privacy is

Accepted Answer

A) neither a fundamental human right nor a fundamental privilege. 
B) an absolute fundamental human right under the Charter. 
C) a fundamental human privilege allowing the government to give it and take it away. 
D) an absolute fundamental privilege under the Charter. 
E) a qualified fundamental human right under the Charter. 
A) neither a fundamental human right nor a fundamental privilege. 
B) an absolute fundamental human right under the Charter. 
C) a fundamental human privilege allowing the government to give it and take it away. 
D) an absolute fundamental privilege under the Charter. 
E) a qualified fundamental human right under the Charter.

Question 6

Disclosed surveillance occurs when

Accepted Answer

A) the employer does not make the employee aware of surveillance. 
B) the employer tells the employee in advance about the surveillance,but does not obtain the employee's consent. 
C) the employer tells the employee in advance about the surveillance and obtains the employee's consent. 
D) the employer makes the employee aware of surveillance after installation and obtains the employee's consent. 
E) the employer tells its management about the surveillance and leaves it to them to tell the employee. 
A) the employer does not make the employee aware of surveillance. 
B) the employer tells the employee in advance about the surveillance,but does not obtain the employee's consent. 
C) the employer tells the employee in advance about the surveillance and obtains the employee's consent. 
D) the employer makes the employee aware of surveillance after installation and obtains the employee's consent. 
E) the employer tells its management about the surveillance and leaves it to them to tell the employee.

Question 7

Today,there is no doubt that common law recognizes the independent tort of invasion of privacy as a distinct cause of action.

Accepted Answer

A) True 
 B)False

Question 8

Use this fact situation to answer the related questions that follow. A large financial institution carries on business over the Internet;however,its computer systems are somewhat old and have not been updated with the latest security software available.A hacker now gets into the system and gains access to all of the personal information of the company's customers.
In addition to any sanctions created by federal and provincial legislation,the company will be

Accepted Answer

A) liable for damages for invasion of privacy. 
B) liable in damages for nuisance. 
C) liable in damages for negligence. 
D) liable in damages for trespass. 
E) liable in damages for defamation. 
A) liable for damages for invasion of privacy. 
B) liable in damages for nuisance. 
C) liable in damages for negligence. 
D) liable in damages for trespass. 
E) liable in damages for defamation.

Question 9

What do we mean when we say that privacy is a private-sector concern?

Accepted Answer

Leaving aside governments,businesses con

Question 10

Which of the following is NOT one of the criteria developed to determine whether opt-out consent is acceptable in a particular circumstance?

Accepted Answer

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. 
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.

Question 11

Opt-out consent is

Accepted Answer

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. 
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.

Question 12

To understand privacy law in Canada,it is extremely important to know the provisions of the federal Privacy Act,the PIPEDA,and corresponding provincial legislation.Explain.

Accepted Answer

The federal Privacy Act governs the cond

Question 13

Where the PIPEDA imposes a duty on a business in respect of privacy,a breach of that duty can lead to a negligence lawsuit against that business.

Accepted Answer

A) True 
 B)False

Question 14

Outsourcing and transborder data flow occurs when a Canadian company

Accepted Answer

A) sends personal information via fax to a company located in another country. 
B) opens up a branch in another province or country and sends personal data to it for processing. 
C) receives and works on matters relating to personal data from a company in another province. 
D) gives work related to the Canadian company which involves private data to an out-of-country company. 
E) none of the above 
A) sends personal information via fax to a company located in another country. 
B) opens up a branch in another province or country and sends personal data to it for processing. 
C) receives and works on matters relating to personal data from a company in another province. 
D) gives work related to the Canadian company which involves private data to an out-of-country company. 
E) none of the above

Question 15

One exception to provincial legislation prohibiting the disclosure of the personal health information of an individual occurs where

Accepted Answer

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 
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

Question 16

Privacy in the education sector is regulated by

Accepted Answer

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 
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

Question 17

The Personal Information Protection and Electronic Documents Act (PIPEDA)is the comprehensive private-sector federal legislation controlling the collection,use,and disclosure of personal information during a commercial activity.Proposed PIPEDA reforms with respect to employers and employees would create a new consent exception that would allow employers to

Accepted Answer

A) disclose health care information concerning an employee to third parties in emergency situations only. 
B) collect,use,and disclose personal information when managing or terminating an employee. 
C) conduct surveillance on employees in all places of employment,including washrooms. 
D) collect,use,and disclose personal information to prospective third party employers who request same. 
E) obtain financial information from an employee's bank if and only if the employee is suspected of theft or misappropriation of funds in the workplace. 
A) disclose health care information concerning an employee to third parties in emergency situations only. 
B) collect,use,and disclose personal information when managing or terminating an employee. 
C) conduct surveillance on employees in all places of employment,including washrooms. 
D) collect,use,and disclose personal information to prospective third party employers who request same. 
E) obtain financial information from an employee's bank if and only if the employee is suspected of theft or misappropriation of funds in the workplace.

Question 18

In order to adopt effective and legally compliant privacy policies,a business should

Accepted Answer

A) identify a person responsible for privacy within the organization. 
B) become familiar with privacy legislation,industry standards,and codes of conduct applicable to its activities. 
C) assess each type of information,practice,and risk. 
D) complete an audit of the company's activities. 
E) all of the above 
A) identify a person responsible for privacy within the organization. 
B) become familiar with privacy legislation,industry standards,and codes of conduct applicable to its activities. 
C) assess each type of information,practice,and risk. 
D) complete an audit of the company's activities. 
E) all of the above

Question 19

When an employee uses the employer's computers to perform his or her work,

Accepted Answer

A) the normal expectation of privacy does not exist,but both the PIPEDA and provincial legislation prohibit monitoring. 
B) the normal expectation of privacy continues to exist and the employee cannot be monitored. 
C) the normal expectation of privacy exists,but monitoring is an exception under the PIPEDA. 
D) the normal expectation of privacy does not exist and the employee can be monitored. 
E) the normal expectation of privacy exists,but monitoring is an exception under provincial legislation. 
A) the normal expectation of privacy does not exist,but both the PIPEDA and provincial legislation prohibit monitoring. 
B) the normal expectation of privacy continues to exist and the employee cannot be monitored. 
C) the normal expectation of privacy exists,but monitoring is an exception under the PIPEDA. 
D) the normal expectation of privacy does not exist and the employee can be monitored. 
E) the normal expectation of privacy exists,but monitoring is an exception under provincial legislation.

Question 20

The breach of an outsourcing agreement results in both contractual and tortious liability.

Accepted Answer

A) True 
 B)False

Exam 32: Privacy

A breach of the provisions of the Ontario Freedom of Information and Privacy Act can result in

When it comes to outsourcing and transborder data flow to companies in the United States,what steps should Canadian businesses take,and are these steps sufficient to ensure protection of personal information?

Territorial privacy involves

The law of privacy involves putting the needs of society above an individual's right to privacy.

In Canada,privacy is

Disclosed surveillance occurs when

Today,there is no doubt that common law recognizes the independent tort of invasion of privacy as a distinct cause of action.

What do we mean when we say that privacy is a private-sector concern?

Which of the following is NOT one of the criteria developed to determine whether opt-out consent is acceptable in a particular circumstance?

Opt-out consent is

To understand privacy law in Canada,it is extremely important to know the provisions of the federal Privacy Act,the PIPEDA,and corresponding provincial legislation.Explain.

Where the PIPEDA imposes a duty on a business in respect of privacy,a breach of that duty can lead to a negligence lawsuit against that business.

Outsourcing and transborder data flow occurs when a Canadian company

One exception to provincial legislation prohibiting the disclosure of the personal health information of an individual occurs where

Privacy in the education sector is regulated by

In order to adopt effective and legally compliant privacy policies,a business should

When an employee uses the employer's computers to perform his or her work,

The breach of an outsourcing agreement results in both contractual and tortious liability.

Law, society, and Business

The Machinery of Justice

Government Regulation of Business

The Law of Torts

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

Writing and Interpretation

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Breach of Contract and Its Remedies

Sale of Goods and Consumer Contracts

Bailment and Leasing

Insurance and Guarantee

Agency and Franchising

The Contract of Employment

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

Corporate Governance: the Internal Affairs of Corporations

Corporate Governance: External Responsibilities

Secured Transactions

Creditors Rights

International Business Transactions

Electronic Commerce

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