Free Practice Questions for IAPP CIPP-C Exam

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)."

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.

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.

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.

The Access to Information Act includes references to the Privacy Act, as both pieces of legislation are closely related and often work in conjunction to govern the information management practices of federal institutions in Canada. The Access to Information Act provides a framework through which individuals can request access to records under the control of a government institution, whereas the Privacy Act focuses on the personal information held by these institutions and the privacy rights of individuals regarding their personal information. Together, these acts ensure that government handling of information is both transparent and respectful of privacy rights.

In Canada, the compliance requirements for private sector organizations subject to a finding by a Canadian federal or provincial privacy authority can vary depending on the jurisdiction. Specifically, in Québec, organizations are required to comply with the findings as a binding decision1. This is due to the legislative provisions set out in “An Act to modernize legislative provisions as regards the protection of personal information,” which was adopted unanimously on September 22, 2021, and came into force on September 22, 20221. The act introduces significant reforms to the private sector privacy laws in Québec, including mandatory breach reporting and administrative penalties for noncompliance1.

The other options provided do not accurately reflect the requirements across all jurisdictions in Canada:

Option B suggests compliance only with the findings of the Privacy Commissioner of Canada, which does not account for provincial authorities like Québec’s Commission d’accès à l’information du Québec.

Option C, which states that organizations must adopt and apply the finding within 30 days of the published report in all jurisdictions, is not accurate as the response to findings can differ between federal and provincial levels.

Option D is specific to Ontario and does not represent a general requirement for all private sector organizations in Canada. It suggests applying for judicial review within a provincial court to accept or refute the finding, which is not a standard procedure across all provinces.

Therefore, the verified answer is A, as it correctly identifies the requirement for private sector organizations in Québec to comply with the findings as a binding decision, in line with the modernized privacy laws of the province1. It is important for organizations to be aware of the specific privacy laws and regulations that apply to their operations within different Canadian jurisdictions, as outlined by the CIPP/C certification program2

Québec has specific legislative requirements under its Act respecting access to documents held by public bodies and the Protection of personal information that require government bodies to store and access personal information within Canada, unless an exception applies. This provision is meant to protect the privacy of individuals by controlling and limiting the potential exposure of their personal information to jurisdictions outside Canada, which may not have similar privacy safeguards. Thus, Québec is the province that requires its government bodies to store and access personal information exclusively in Canada unless additional consent is obtained or if outside storage is judged necessary, making the correct answer B, "Québec."

In the scenario described, the most significant procedural flaw at the daycare is their failure to respond to the parent's request about the portal’s security measures within a reasonable time frame. Under the Personal Information Protection and Electronic Documents Act (PIPEDA), organizations are required to respond to such requests within 30 days. This timeframe is mandated to ensure transparency and to provide individuals with timely access to information about the handling of their personal data. The daycare’s failure to provide an answer within this period violates PIPEDA's provisions regarding the access to personal information and the accountability of organizations in managing this data securely and transparently.

Under the Personal Information Protection and Electronic Documents Act (PIPEDA), when transferring personal information to a foreign country, an organization must meet the Act’s transparency requirements by advising customers that their data may be accessed by another jurisdiction's courts or law enforcement. This requirement ensures that individuals are aware of the risks associated with the international transfer of their personal information, including potential access by foreign government entities. This transparency is crucial for maintaining trust and helps individuals make informed decisions about their personal information. This guideline is directly stipulated in the guidance provided by the Office of the Privacy Commissioner of Canada, emphasizing the importance of informing individuals about the potential legal exposure their data might face in foreign jurisdictions.