BC Private Investigator: Privacy Act, recording and surveillance limits

All 13 questions in this test

Every question and its answer choices. The correct answers and explanations appear when you take the test above.

1. Can a lawful public-interest publication excuse how the information was gathered under the Privacy Act?

   1. Yes, if the client is a public company
   2. Yes, a public-interest story excuses any method used to gather it
   3. No, it does not cover acts that themselves violated privacy
   4. Yes, if a newspaper prints it first

2. A PI records their own phone interview with a witness without saying so. Is that an offence under s. 184?

   1. Yes, unless a judge approved it first
   2. Yes, both people must always agree
   3. Yes, if the witness lives in another province from the investigator
   4. No, a party to the call can consent to the recording

3. When may a PI attach a GPS tracker to a vehicle?

   1. When the client is the subject's spouse
   2. When the vehicle is parked on a street
   3. With the vehicle owner's permission
   4. Whenever the driver is the subject

4. May a PI secretly record a phone call between two other people?

   1. No, without a party's consent it is a crime
   2. Yes, if the PI holds a full licence
   3. Yes, if the PI keeps the recording private
   4. Yes, if the call concerns insurance fraud

5. Which situation is listed as an exception to a Privacy Act violation?

   1. Surveillance done by any licensed investigator
   2. Conduct done on behalf of a large employer
   3. Surveillance done for an insurance company
   4. Conduct consented to by a person entitled to consent

6. What is the best practice for audio when filming surveillance video?

   1. Record without audio
   2. Record audio but delete it later
   3. Always record audio for context
   4. Record audio only at night

7. Does the Privacy Act's exception for investigating crime cover private investigators?

   1. Yes, but only for insurance fraud files handled by licensed firms
   2. No, it covers peace and public officers
   3. Yes, if the PI has a firm licence
   4. Yes, any licensed PI is covered

8. A subject goes to a funeral during surveillance. What does industry practice advise?

   1. Use judgment, as privacy concerns are higher there
   2. Record the eulogy for the client
   3. Film the subject closely, since a cemetery is a public place
   4. Approach the subject to ask questions

9. How is the degree of privacy a person is entitled to decided under the Privacy Act?

   1. The same fixed rules for every situation
   2. Whatever the PI's client is willing to pay to find out about them
   3. Whatever the person says they expect
   4. What is reasonable in the circumstances

10. What does B.C.'s Privacy Act make actionable without proof of damage?

    1. Wilfully violating another's privacy without a claim of right
    2. Any photograph of any person taken in a public place, for any purpose
    3. Any phone call made to a wrong number
    4. Any accidental view of a neighbour's yard

11. Where may a PI usually film a subject without breaching privacy expectations?

    1. Inside a public washroom
    2. Through the bedroom window of their home
    3. From inside their fenced backyard
    4. In a public place, such as a street or park

12. A PI firm puts a photo of a surveillance subject in its advertising. What may the subject do?

    1. Sue for unauthorized use of their portrait
    2. Nothing, since the photo was taken in public
    3. Only ask for a credit line under the photo
    4. Only complain to the advertising council

13. Can surveillance violate privacy under B.C.'s Privacy Act even without trespass?

    1. No, only entering land can violate privacy
    2. Only if the subject is a public official
    3. Yes, surveillance can violate privacy without trespass
    4. Only if the PI uses a hidden microphone or a camera inside the home