QuestionQ19

Canadian Privacy Laws and Practices in the Private Sector

Under PIPEDA, each of the following circumstances requires an organization to obtain express consent to use personal information EXCEPT?

  • A If the use is outside of the reasonable expectations of an individual.
  • B If the information is publicly available as defined by the regulation.
  • C If the use is inconsistent with the original purpose.
  • D If there is no risk of significant harm.
Explanation

PIPEDA permits an organization to use personal information without an individual’s knowledge or consent when the information is publicly available and is of a class specified by the regulations. This is a statutory exception to the consent requirement. Information that is merely accessible to the public does not necessarily qualify; it must meet the regulatory definition.

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