Question 1

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

Accepted Answer

In Canada,the right to privacy is not ab

Question 2

Prior to the enactment of privacy legislation,the right to privacy was protected by

Accepted Answer

A) canon law. 
B) existing property-based torts,such as trespass,nuisance,and defamation. 
C) the constitution. 
D) mercantile law. 
E) criminal law. 
A) canon law. 
B) existing property-based torts,such as trespass,nuisance,and defamation. 
C) the constitution. 
D) mercantile law. 
E) criminal law.

Question 3

Privacy legislation covering municipalities puts enforcement of a breach of privacy by municipal governments in the hands of

Accepted Answer

A) the particular municipal Privacy Commissioner. 
B) the provincial Privacy Commissioner. 
C) the federal Privacy Commissioner. 
D) the Federal Court of Canada. 
E) the high courts of the province in which the municipality is located. 
A) the particular municipal Privacy Commissioner. 
B) the provincial Privacy Commissioner. 
C) the federal Privacy Commissioner. 
D) the Federal Court of Canada. 
E) the high courts of the province in which the municipality is located.

Question 4

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.

Accepted Answer

A) True 
 B)False

Question 5

In Canada,privacy is governed by the constitution; the PIPEDA; the Privacy Act,Canada; and corresponding provincial legislation and related statutes.

Accepted Answer

A) True 
 B)False

Question 6

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 7

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

Accepted Answer

A) they regularly review the personal information that they have collected. 
B) they collect as much personal information as they possibly can about an individual. 
C) they display the date to which the information is accurate. 
D) they continue to keep all personal information that they have collected and not just the information obtained. 
E) they regularly update personal information regardless of whether it is necessary to do so. 
A) they regularly review the personal information that they have collected. 
B) they collect as much personal information as they possibly can about an individual. 
C) they display the date to which the information is accurate. 
D) they continue to keep all personal information that they have collected and not just the information obtained. 
E) they regularly update personal information regardless of whether it is necessary to do so.

Question 8

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.

Accepted Answer

The resources and equipment are the prop

Question 9

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 10

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 11

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.

Accepted Answer

The first area of common law that provid

Question 12

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 13

It is said that the PIPEDA controls the collection,use,and disclosure of personal information during a commercial activity.What is meant by "commercial activity"?

Accepted Answer

A commercial activity is any g

Question 14

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

Accepted Answer

Leaving aside governments,businesses con

Question 15

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 16

Canadian Anti-Spam Legislation (CASL)prohibits all of the following EXCEPT

Accepted Answer

A) sending unsolicited commercial electronic messages. 
B) employing spyware and other tactics often used to steal personal information about a computer user. 
C) installing a computer program without prior permission. 
D) the sending of faxes before 9:00 a.m.and after 9:30 p.m.on weekdays. 
E) sending unsolicited commercial telemarketing messages. 
A) sending unsolicited commercial electronic messages. 
B) employing spyware and other tactics often used to steal personal information about a computer user. 
C) installing a computer program without prior permission. 
D) the sending of faxes before 9:00 a.m.and after 9:30 p.m.on weekdays. 
E) sending unsolicited commercial telemarketing messages.

Question 17

The test for "reasonableness," for the purpose of Principle 2 of the Canadian Standards Association Model Code which has been incorporated into the PIPEDA and relates to collection of information necessary for an expressly identified purpose,is

Accepted Answer

A) whether the loss of privacy is proportional to the benefit gained. 
B) whether there is a way to achieve the same end which is less intrusive of privacy. 
C) whether the measure taken is demonstrably necessary to meet that need. 
D) whether the measure taken will likely be effective in meeting that need. 
E) all of the above 
A) whether the loss of privacy is proportional to the benefit gained. 
B) whether there is a way to achieve the same end which is less intrusive of privacy. 
C) whether the measure taken is demonstrably necessary to meet that need. 
D) whether the measure taken will likely be effective in meeting that need. 
E) all of the above

Question 18

Which of the following is among the newest and greatest threats to privacy?

Accepted Answer

A) digital storage devices 
B) the Internet 
C) data shadows 
D) biometrics 
E) all of the above 
A) digital storage devices 
B) the Internet 
C) data shadows 
D) biometrics 
E) all of the above

Question 19

In order to determine whether surveillance in the workplace is reasonable,an employer must demonstrate that

Accepted Answer

A) it is the only way to achieve the same end. 
B) it is necessary to meet a specific need. 
C) it will likely be effective in meeting that need. 
D) the loss of privacy is proportional to the benefit gained. 
E) all of the above 
A) it is the only way to achieve the same end. 
B) it is necessary to meet a specific need. 
C) it will likely be effective in meeting that need. 
D) the loss of privacy is proportional to the benefit gained. 
E) all of the above

Question 20

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

Exam 32: Privacy

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

Prior to the enactment of privacy legislation,the right to privacy was protected by

Privacy legislation covering municipalities puts enforcement of a breach of privacy by municipal governments in the hands of

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.

In Canada,privacy is governed by the constitution; the PIPEDA; the Privacy Act,Canada; and corresponding provincial legislation and related statutes.

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?

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

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.

In Canada,privacy is

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

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

It is said that the PIPEDA controls the collection,use,and disclosure of personal information during a commercial activity.What is meant by "commercial activity"?

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

Outsourcing and transborder data flow occurs when a Canadian company

Canadian Anti-Spam Legislation (CASL)prohibits all of the following EXCEPT

The test for "reasonableness," for the purpose of Principle 2 of the Canadian Standards Association Model Code which has been incorporated into the PIPEDA and relates to collection of information necessary for an expressly identified purpose,is

Which of the following is among the newest and greatest threats to privacy?

In order to determine whether surveillance in the workplace is reasonable,an employer must demonstrate that

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.

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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