Learn which Canadian privacy law specifically distinguishes between personal information and employee-related or work-product information in this IAPP CIPP-C exam practice question.
Table of Contents
Question
Which of the following specifically differentiates between regular personal information and employee-related or work-product information?
A. The Privacy Act.
B. The Quebec Act.
C. British Columbia’s Personal Information Protection Act (PIPA).
D. Personal Information Protection and Electronic Documents Act (PIPEDA).
Answer
D. Personal Information Protection and Electronic Documents Act (PIPEDA).
Explanation
Of the options provided, only Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) specifically differentiates between personal information in general and employee-related or work-product information.
PIPEDA applies broadly to the collection, use, and disclosure of personal information in the course of commercial activities by private sector organizations. However, the law carves out special provisions related to employee personal information.
Under PIPEDA, personal information is defined as “information about an identifiable individual”. But the law specifies additional rules for personal information collected, used, or disclosed by an organization in connection with the operation of a federal work, undertaking, or business in relation to its employees. This employee-related information is exempt from certain PIPEDA requirements.
For example, PIPEDA normally requires organizations to obtain consent to collect, use, or disclose personal information, with some exceptions. But organizations do not need consent to collect, use, or disclose employee personal information if it is collected, used, or disclosed solely for the purposes of establishing, managing, or terminating an employment relationship. However, the organization must inform the individual of the purposes for the collection, use, or disclosure of the employee personal information.
The other laws mentioned do not make this specific distinction:
- The federal Privacy Act applies to federal government institutions, not private sector employee information.
- The Quebec Act and BC PIPA are provincial private sector privacy laws that include employee personal information in their general definition of personal information, without carving out distinct provisions.
So in summary, only PIPEDA, as a federal private sector law, specifically differentiates between personal information broadly and employee-related information, subjecting the latter to modified requirements. This makes D the correct answer to the question.
IAPP CIPP-C certification exam assessment practice question and answer (Q&A) dump including multiple choice questions (MCQ) and objective type questions, with detail explanation and reference available free, helpful to pass the IAPP CIPP-C exam and earn IAPP CIPP-C certification.