Pass the IAPP Certified Information Privacy Professional CIPP-C Questions and answers with ExamsMirror

The "circle of care" concept under Canadian health information privacy law refers to the ability of health information custodians to assume implied consent when disclosing personal health information (PHI) to other health information custodians for the purpose of providing health care. This concept allows for the seamless sharing of PHI among providers like doctors, nurses, and pharmacists, who are directly involved in the care of the individual, without requiring express consent for each exchange of information within this circle. The principle is based on the assumption that the disclosure is made in the patient's best interests for their ongoing care. Therefore, the correct answer is D, "Consent must be expressed or implied when a custodian discloses personal health information (PHI) to another custodian for the purpose of providing health care."

The Privacy Act governs how federal government institutions handle personal information. The Privacy Commissioner of Canada has highlighted limitations within the Act regarding outsourcing, specifically:

Lack of Explicit Accountability: While the Privacy Act implies the government institution remains responsible for the personal information, the Commissioner argues that the law needs a clearer, more explicit statement to ensure full accountability when it's outsourced.

Outsourcing & Privacy Risks: Outsourcing government functions to third parties can add complexity and risk to the protection of personal information.

References:

You can find discussions of the Privacy Commissioner's position on outsourcing in reports and resources on the Office of the Privacy Commissioner of Canada (OPC) website: https://priv.gc.ca/en/

Why Other Options Are Less Relevant

A. Preventing subcontracting: While controlling further subcontracting might be important, it's not the primary concern identified by the Commissioner.

B. Commissioner's order power: While the Commissioner advocates for greater powers, this is not the specific gap in the Privacy Act related to outsourcing.

C. Privacy Impact Assessments (PIAs): PIAs are crucial, but the Commissioner's argument highlights that even with PIAs, the Act lacks clear accountability language when the information leaves the government institution.

Key Points

The Privacy Commissioner plays an advocacy role, identifying areas where privacy legislation could be strengthened.

Accountability is crucial in all privacy contexts, especially when third parties handle sensitive data.

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.

Under Canada’s Anti-Spam Legislation (CASL), proving compliance often revolves around demonstrating that valid consent (either express or implied) was obtained before sending commercial electronic messages. Keeping detailed records of how and when consent was obtained from recipients is crucial to demonstrate compliance if questioned by regulators or in the event of a complaint. This practice not only helps businesses defend their messaging practices but also aligns with the requirements of CASL to maintain evidence of consent. Hence, the correct answer is B, "Keeping records of express and implied consent of commercial electronic messages."

The Canadian Standards Association (CSA) was the primary influence in the development of Canadian privacy principles with the publication of the CSA Model Code for the Protection of Personal Information. This set of eight privacy principles later became part of the Personal Information Protection and Electronic Documents Act (PIPEDA), serving as a foundation for how personal information should be handled by private sector organizations in Canada. The CSA's Model Code includes principles such as accountability, identifying purposes, consent, limiting collection, limiting use, disclosure and retention, accuracy, safeguards, openness, individual access, and challenging compliance. Therefore, the correct answer is D, "The Canadian Standards Association (CSA)."

Oversight authorities generally allow various forms of consent including implied consent, verbal consent, and written consent specific to the purpose for which the information is collected. However, they do not typically accept a "general consent" that covers all activities associated with the personal information. Consent must be specific and informed, clearly relating to the particular context in which personal information is to be used or disclosed. General consent fails to meet the specificity required under privacy laws like PIPEDA, which necessitates that consent be explicit for particularly sensitive information or whenever there is a significant change in the use of the 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."

From the Blood Tribe case, it can be concluded that the Privacy Commissioner of Canada can officially request proof that the information sought in an investigation is subject to solicitor-client privilege. The Supreme Court of Canada held in this case that while the Commissioner has significant investigative powers, these do not automatically override the solicitor-client privilege. The decision clarifies that any organization claiming such a privilege must substantiate its claim, and the Commissioner has the authority to challenge and request proof of this claim, ensuring the privilege is not used improperly to withhold information.

Biometric information is considered sensitive personal information primarily because it possesses characteristics that are uniquely and intrinsically linked to the individual. Biometric data such as fingerprints, facial recognition patterns, and DNA are distinctive, largely unique to the individual, unlikely to change over time, and difficult to alter. This inherent nature of biometric data makes it extremely sensitive, as its misuse or unauthorized access can lead to significant privacy invasions and potentially irreversible harm. Therefore, the correct answer is C.

Under the Personal Information Protection and Electronic Documents Act (PIPEDA), the jurisdiction generally covers personal information used or disclosed in the course of commercial activity by federal works, undertakings, or businesses, or across provincial or national borders. Thus, personal information disclosed across provincial or national borders by organizations such as credit reporting agencies or list marketers falls under PIPEDA. This is outlined in PIPEDA itself, where it specifies the regulation of personal information in federal jurisdiction and in interprovincial and international transactions. Therefore, the correct answer is C.