CIPP/C: Certified Information Privacy Professional/CanadaDemo

By IAPP · Question Mode

QuestionQ16

Enforcement Agencies and Powers

What conclusion can be drawn from the Blood Tribe case about the Privacy Commissioner's access to information?

  • A The commissioner cannot receive information unless it is gathered under oath.
  • B The commissioner cannot ask an organization to prove that a document is privileged.
  • C The commissioner can compel the production of all documents that are relevant to the investigation.
  • D The commissioner can officially request proof that desired information is subject to solicitor-client privilege.
Explanation

Solicitor-client privilege cannot be displaced without clear statutory language. Under PIPEDA, the Privacy Commissioner cannot compel production of solicitor-client privileged records, but an organization can be required to provide adequate affidavit evidence to substantiate its privilege claim.

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