Get CIPP-C Dumps : Verified Certified Information Privacy Professional/ Canada (CIPP/C)

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.

Under PIPEDA, any breach of security safeguards involving personal information that poses a real risk of significant harm (RROSH) requires reporting to the Office of the Privacy Commissioner of Canada (OPC). In the scenarios given, sending a sales report with aggregated information (option A) or a file with client data to wrong processors who cannot identify the clients (option B), or blocking an attempted hack (option C), may not necessarily pose a RROSH. However, a nursing home releasing an email with everyone's email address in the "to" section unredacted during a freedom of information request (option D) potentially exposes individuals to a risk of spam, phishing, and other malicious activities, thereby posing a real risk of significant harm. This constitutes a breach requiring reporting to the OPC.

Under the Personal Information Protection and Electronic Documents Act (PIPEDA), when an organization transfers personal information to a third party for processing, it remains responsible for that information. It is required to use contractual or other means to provide a comparable level of protection while the information is being processed by the third party. The most appropriate answer here is A, establishing a contract outlining the individual outsourcing arrangement. This ensures that the third party adheres to privacy obligations equivalent to those of PIPEDA. This requirement is directly stated in PIPEDA’s accountability principle, which mandates organizations to use contractual or other means to provide a comparable level of protection while information is being processed by a third party.

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.

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.