Which question is NOT part of the Office of the Privacy Commissioner of Canada’s (OPC’s) four-point test for establishing whether providing access to genetic testing results goes beyond what is necessary or reasonable?

The Office of the Privacy Commissioner of Canada (OPC) applies a four-part reasonableness test, derived from the Supreme Court of Canada case R v Oakes and articulated in PIPEDA findings. This test assesses if a privacy-impacting measure is necessary, effective, proportionate, and if a less-invasive alternative exists. While the accuracy of personal information is a core privacy principle under PIPEDA (Principle 4), a guarantee of accuracy for genetic test results is not one of the four specific points in the OPC's reasonableness test for collection, use, or disclosure. The test focuses on the justification for the privacy intrusion itself.

A. This is a key part of the test, assessing if the organization chose the least intrusive method to achieve its goal.
B. This is the proportionality step, weighing the loss of privacy against the benefits gained from the collection or use.
D. This combines the necessity and effectiveness steps, ensuring the collection serves a legitimate purpose and is likely to achieve it.

1. Office of the Privacy Commissioner of Canada. (2018). PIPEDA Report of Findings #2018-004: Joint investigation of Equifax Inc. and Equifax Canada Co. by the Office of the Privacy Commissioner of Canada and the Office of the Information and Privacy Commissioner for British Columbia. Paragraph 101. [Available at OPC website].

2. Geist, M. (2017). The Privacy Commissioner of Canada: An Independent Voice? In Law, Privacy and Surveillance in Canada in the Post-Snowden Era. University of Ottawa Press. p. 278. (Discusses the OPC's application of the reasonableness test).

3. Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5), Schedule 1, Principle 4.3.