CIPP-C practice question 14 of 15

What is required for a provincial law to be considered substantially similar to the Personal Information Protection and Electronic Documents Act (PIPEDA)?

Answer options

A: Consistency with at least eight of the ten privacy principles, an independent oversight body and a complaint handling mechanism.

B: Consistency with the ten privacy principles, an independent oversight body and a process for accessing information.

C: Consistency with the ten privacy principles, an independent oversight body and a redress mechanism. Correct answer

D: Consistency with the ten privacy principles, an appeal process and a redress mechanism.

Correct Answer:

C. Consistency with the ten privacy principles, an independent oversight body and a redress mechanism.

Explanation

Under the federal government’s “Substantially Similar” test (Canada Gazette, 2002) and PIPEDA s.26(2)(b), a provincial statute must: (1) incorporate all ten CSA Model Code privacy principles; (2) establish independent oversight by a commissioner; and (3) provide an effective mechanism through which individuals can seek redress for contraventions. Option C lists precisely these three mandatory elements.

Why Incorrect

A. “At least eight” principles is insufficient; all ten required.
B. Lacks explicit redress mechanism requirement.
D. Mentions appeal process, not independent oversight; redress plus oversight both essential.

References

1. PIPEDA, SC 2000, c 5, s.26(2)(b).

2. Industry Canada, “Policy Statement: Substantially Similar Provincial Legislation,” Canada Gazette Part I, Vol.136, No.25, 22 June 2002, Criteria section.

3. OPC, “Substantially Similar Provincial Legislation,” Fact Sheet, para. 3 (2020).

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