CIPP-C practice question 4 of 15

Under PIPEDA, each of the following are considered to be personal information EXCEPT?

Full set: 76 questions
Answer options
A: A public official's salary published on a government web site. Correct answer
B: A person's telephone number published in a public directory.
C: A photograph taken in public and published in a newspaper.
D: Information about a defendant contained in court records.
Correct Answer:
A. A public official's salary published on a government web site.
Explanation

This question is nuanced. Under PIPEDA's broad definition, all listed items are "information about an identifiable individual" and thus personal information. However, information related to an individual's professional capacity, especially when made public by statute (like a public official's salary on a "sunshine list"), is often treated differently from information about their private life. While still technically personal information, it is the most distinct category among the options, as B, C, and D relate more directly to an individual's private activities or identity, even if they occur in public. Therefore, it is the most likely intended exception in this context.

Why Incorrect

B. A telephone number is personal information. Its publication in a directory makes it "publicly available" under PIPEDA's regulations, which affects consent rules but not its status as personal information.
C. A photograph of an identifiable person is a form of personal information, even if taken in public. Journalistic exemptions may apply to the organization, but the information itself is personal.
D. Court records contain significant personal information about individuals. The fact that they are public records does not change the nature of the information itself.

References

1. Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, s. 2(1). (Defines "personal information" broadly as "information about an identifiable individual.")

2. Office of the Privacy Commissioner of Canada. (2018). PIPEDA Interpretation Bulletin: Personal Information. "Information about an individual in their professional or business capacity... will generally be considered to be an individual’s personal information." This highlights the ambiguity but also the distinction of professional information.

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