Certified Information Privacy Professional CIPP-C IAPP Study Notes

The role of Canadian courts in reviewing decisions made by provincial oversight authorities generally involves examining whether there have been specific types of errors in the decision-making process, such as a misinterpretation of a term in the legislation or application of the law. This judicial review focuses on the legality and reasonableness of the decisions, ensuring that oversight authorities correctly interpret and apply the legislative framework governing privacy and data protection. This review does not extend to re-evaluating all investigative notes or comparing decisions across different provincial authorities, as such tasks are beyond the scope of a typical judicial review process. Therefore, Option C correctly describes the court's role.

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.

In Ontario, as well as in most jurisdictions in Canada, once a patient discloses information to a healthcare provider, the information becomes part of their health record and cannot typically be altered or deleted based on the patient's subsequent regret or preference for privacy. Under privacy laws that apply to health information in Ontario, such as the Personal Health Information Protection Act (PHIPA), a patient does not have the right to have valid medical diagnoses removed or altered in their health record. However, they can request that the disclosure of their health information be restricted to certain persons or for certain purposes. Therefore, the patient would be most successful at pursuing Option B, requesting that the information be restricted from disclosure to other healthcare providers. This is supported by Section 20 of PHIPA, which allows individuals to withhold or withdraw consent for certain uses of their information, with necessary exceptions for emergency situations or other legally mandated disclosures.