Exam 32: Privacy

The motivation behind Canada's compliance with standards set by the European Directive on Protection of Data fails to give credibility to voluntary codes of conduct developed by industry,associations,and international organizations.

One of the ways in which organizations can comply with the principle that information must be complete,accurate,and current is to ensure that

In the historical approach to privacy,some philosophers have described privacy as something more like a privilege,because a privilege can be bestowed by government and,when necessary,taken away,as compared to a fundamental right,which is guaranteed.In this regard,consider the right to bear arms in the American constitution.Recent decisions of the United States Supreme Court have upheld this as an absolute right,striking down legislation attempting to limit or restrict it.With this in mind,discuss whether today in Canada,privacy can be said to be less than a fundamental human right afforded to Canadians and more like a privilege.

Traditionally,before the Charter of Rights and Freedoms and the enactment of both federal and provincial legislation dealing with privacy and its protection,the common law was the only source of protection of privacy.Explain the various areas of common law that protected and,to a degree,continue to protect privacy.

Proposed amendments to the Criminal Code concerning privacy are to focus on,among other things,the custodian of the personal information.

Personal privacy includes the protection of one's home,business,and personal spaces.

Section 5 of the Privacy Act,Canada,provides for the collection of personal information by government institutions.However,one exception to this provided by the section permits such institutions to

Summarize the key principles for collection,use,and disclosure of personal information under the PIPEDA.

The PIPEDA regulates the reasonable handling of personal information according to the principles set out in the Canadian Standards Association Model Code.

Use the fact situation in Q28 to answer the related question that follows. The basis for saying that the company will be liable in damages for negligence is

Where an organization's practices lead to a breach of privacy or security under the PIPEDA,the organization

It appears that an employer has the right to monitor employees who use the employer's resources and equipment to do their work.Explain why.

Upon request,a telemarketer must provide a toll-free number that the consumer can call to speak to an employee of the telemarketer or client.

Explain whether the right to privacy is an absolute right,providing your reasons.

Data shadows refers to electronic records of the computer activity of an individual.

Under the Privacy Act,Canada,a government institution cannot disclose personal information EXCEPT information

One of the recent recommendations made by the Office of the Privacy Commissioner of Canada is the strengthening of the provisions governing the disclosure of personal information by the Canadian government to foreign states.

In Canada,provincial privacy legislation that is substantially the same as the federal PIPEDA exempts provincial businesses from the PIPEDA.

Explain the powers of the Privacy Commissioner under the PIPEDA.

Can health records that indicate the violent nature of an individual who is deeply disturbed be disclosed without the consent of the individual in question?