Canadian Health Information Management Association Practice Exam

Who has the power to issue binding orders regarding privacy issues in Canada?

1. Federal Privacy Commissioner

2. Provincial/Territorial Privacy Commissioner

3. Neither can issue binding orders

4. Both a and b

The correct answer is: Provincial/Territorial Privacy Commissioner

The authority to issue binding orders regarding privacy issues in Canada primarily resides with the Provincial/Territorial Privacy Commissioners. Each province and territory in Canada has its own privacy legislation that regulates the collection, use, and disclosure of personal information by public bodies and private sector organizations within their jurisdiction. These commissioners have the power to make binding decisions when it comes to enforcement of privacy laws. On the other hand, the Federal Privacy Commissioner does not have the same level of power to issue binding orders, as the federal privacy legislation (like the Personal Information Protection and Electronic Documents Act) provides for a more advisory role where the commissioner can investigate complaints and make recommendations, but ultimately cannot impose binding decisions. Thus, it is the provincial and territorial privacy commissioners who possess the capability to issue binding orders, emphasizing their critical role in the enforcement of privacy rights within their regions.