QuestionQ7

Canadian Privacy Laws and Practices in the Private Sector

Under which of the following circumstances is a commercial business in Canada not permitted to collect personal information without the individual’s knowledge or consent?

  • A The collection is for journalistic or literary purposes.
  • B The collection is in the interests of the individual and the consent cannot be obtained in a timely way.
  • C The collection would lead to the creation of products that would benefit the public and consent would be difficult to obtain.
  • D The collection, with the knowledge of the individual, would compromise the availability and accuracy of the information and the collection is reasonable for the purposes related to investigating a federal law.
Explanation

Under section 7(1) of Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), the listed exceptions include collection in the individual’s interests where timely consent cannot be obtained, collection for a qualifying investigation where notice or consent would compromise information availability or accuracy, and collection solely for journalistic, artistic, or literary purposes. A prospective public benefit from product creation and difficulty obtaining consent do not establish a PIPEDA exception.

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