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NEW QUESTION 22
SCENARIO - Please use the following to answer the next QUESTION:
Zoe is the new Compliance Manager for the Star Hotel Group, which has five hotels across Hong Kong and Chin a. On her first day, she does an inspection of the largest property, StarOne. She starts with the hotel reception desk. Zoe sees the front desk assistant logging in to a database as he is checking in a guest. The hotel manager, Bernard, tells her that all guest data, including passport numbers, credit card numbers, home address, mobile number and other information associated with a guest's stay is held in a database. Bernard tells her not to worry about the security of the database because it is operated for Star Hotels by a local service provider called HackProof, who therefore are responsible for all the guest data.
Zoe notices what looks like a CCTV camera in the corner of the reception area. Bernard says they record all activity in the lobby. In fact, last Tuesday he had received a data access request from a lawyer requesting a copy of footage of all lobby activity for the preceding month. The lawyer's covering letter said that his client has never visited the hotel herself, but is investigating whether her husband has been doing so without her knowledge.
Zoe and Bernard head up to the hotel spa. The spa is independently owned by a company called Relax Ltd. Bernard explains that Relax Ltd is a small company and, as they don't have their own database, they transfer data about the spa guests to StarOne staff so that they can upload the data into the HackProof system. Relax Ltd staff can then login and review their guest data as needed.
Zoe asks more about the HackProof system. Bernard tells her that the server for the Hong Kong hotels is in Hong Kong, but there is a server in Shenzhen that has a copy of all the Hong Kong hotel data and supports the properties in China. The data is in China for back up purposes and also is accessible by staff in the China hotels so they can better service guests who visit their hotels in both territories.
Members of Relax Ltd's staff are concerned about the data sharing with StarOne. How should Zoe respond to their concerns?
- A. Inform the staff that Relax Ltd can transfer the data to StarOne given they are in the same premises and guests would reasonably expect that.
- B. Inform the staff that Relax Ltd should not transfer the data to StarOne without a privacy notice identifying StarOne as a class of transferee.
- C. Inform the staff that Relax Ltd should not transfer the data to StarOne without the guest's opt-in consent to do so.
- D. Inform the staff that Relax Ltd can transfer the data as Section 33 is not in force.
Answer: C
NEW QUESTION 23
In 2013-14, the Indian Supreme Court ruled in Puttaswamy v Union of India that requiring a Unique Identification Number was unconstitutional if what?
- A. It was used to gather information to discriminate against minorities.
- B. It was restricted to residents of India.
- C. It was necessary for proving citizenship.
- D. It was required in order to obtain government services.
Answer: B
NEW QUESTION 24
In Hong Kong, which of the following are exempt from personal data access requests until after the project to which the data is related has been concluded?
- A. News organizations.
- B. Non-profit groups.
- C. Financial institutions.
- D. Hospital administrators.
Answer: A
NEW QUESTION 25
SCENARIO - Please use the following to answer the next QUESTION:
Fitness For Everyone ("FFE") is a gym on Hong Kong Island that is affiliated with a network of gyms throughout Southeast Asi a. When prospective members of the gym stop in, call in or submit an inquiry online, they are invited for a free trial session. At first, the gym asks prospective clients only for basic information: a full name, contact number, age and their Hong Kong ID number, so that FFE's senior trainer Kelvin can reach them to arrange their first appointment.
One day, a potential customer named Stephen took a tour of the gym with Kelvin and then decided to join FFE for six months. Kelvin pulled out a registration form and explained FFE's policies, placing a circle next to the part that read "FEE and affiliated third parties" may market new products and services using the contact information provided on the form to Stephen "for the duration of his membership." Stephen asked if he could opt-out of the marketing communications. Kelvin shrugged and said that it was a standard part of the contract and that most gyms have it, but that even so Kelvin's manager wanted the item circled on all forms. Stephen agreed, signed the registration form at the bottom of the page, and provided his credit card details for a monthly gym fee. He also exchanged instant messenger/cell details with Kelvin so that they could communicate about personal training sessions scheduled to start the following week.
After attending the gym consistently for six months, Stephen's employer transferred him to another part of the Island, so he did not renew his FFE membership.
One year later, Stephen started to receive numerous text messages each day from unknown numbers, most marketing gym or weight loss products.
Suspecting that FFE shared his information widely, he contacted his old FFE branch and asked reception if they still had his information on file. They did, but offered to delete it if he wished. He was told FFE's process to purge his information from all the affiliated systems might take 8 to 12 weeks. FFE also informed him that Kelvin was no longer employed by FFE and had recently started working for a competitor. FFE believed that Kelvin may have shared the mobile contact details of his clients with the new gym, and apologized for this inconvenience.
Which of the following practices would likely violate Hong Kong's Data Protection Principle 1 regarding data collection?
- A. FFE's collection of full name from prospective clients.
- B. FFE affiliates' receipt of Stephen's contact information.
- C. FFE's collection of age and HKID from prospective clients.
- D. FFE's collection of Stephen's messenger cell details through Kelvin.
Answer: D
NEW QUESTION 26
SCENARIO - Please use the following to answer the next QUESTION:
Fitness For Everyone ("FFE") is a gym on Hong Kong Island that is affiliated with a network of gyms throughout Southeast Asi a. When prospective members of the gym stop in, call in or submit an inquiry online, they are invited for a free trial session. At first, the gym asks prospective clients only for basic information: a full name, contact number, age and their Hong Kong ID number, so that FFE's senior trainer Kelvin can reach them to arrange their first appointment.
One day, a potential customer named Stephen took a tour of the gym with Kelvin and then decided to join FFE for six months. Kelvin pulled out a registration form and explained FFE's policies, placing a circle next to the part that read "FEE and affiliated third parties" may market new products and services using the contact information provided on the form to Stephen "for the duration of his membership." Stephen asked if he could opt-out of the marketing communications. Kelvin shrugged and said that it was a standard part of the contract and that most gyms have it, but that even so Kelvin's manager wanted the item circled on all forms. Stephen agreed, signed the registration form at the bottom of the page, and provided his credit card details for a monthly gym fee. He also exchanged instant messenger/cell details with Kelvin so that they could communicate about personal training sessions scheduled to start the following week.
After attending the gym consistently for six months, Stephen's employer transferred him to another part of the Island, so he did not renew his FFE membership.
One year later, Stephen started to receive numerous text messages each day from unknown numbers, most marketing gym or weight loss products.
Suspecting that FFE shared his information widely, he contacted his old FFE branch and asked reception if they still had his information on file. They did, but offered to delete it if he wished. He was told FFE's process to purge his information from all the affiliated systems might take 8 to 12 weeks. FFE also informed him that Kelvin was no longer employed by FFE and had recently started working for a competitor. FFE believed that Kelvin may have shared the mobile contact details of his clients with the new gym, and apologized for this inconvenience.
Assuming that Kelvin received a commission for sharing his former client list with the new employer, and the new employer used Stephen's data to engage in direct marketing to Stephen, which of the following penalties could Kelvin face under Part VI A of the Ordinance?
- A. Violation of the terms of his employment agreement.
- B. No penalty, as FFE and the new employer are the responsible parties.
- C. A maximum $500,000 HKD fine.
- D. Up to five years imprisonment.
Answer: A
NEW QUESTION 27
Under India's IT Rules 2011, data subjects have the right to correct inaccuracies in personal information collected about them only if?
- A. They are also the providers of the information.
- B. They confirm their consent to maintain the information.
- C. They are able to prove the legitimacy of the corrections.
- D. They request the corrections within a specified amount of time.
Answer: A
NEW QUESTION 28
How can the privacy principles issued in 1980 by the Organisation for Economic Cooperation and Development (OECD) be defined?
- A. Mandatory rules governing the protection of privacy and trans-border data flows among binding member states.
- B. Guidelines governing the protection of privacy and trans-border data flows issued in collaboration with the Federal Trade Commission.
- C. Guidelines governing the protection of privacy and trans-border data flows of personal data in states that are members.
- D. Mandatory rules governing the protection of privacy and trans-border data flows within the European Union.
Answer: C
NEW QUESTION 29
What term is defined by the European Commission to mean any data that relates to an identified or identifiable individual?
- A. Sensitive information.
- B. Personally identifiable information.
- C. Identified data.
- D. Personal data.
Answer: D
NEW QUESTION 30
Which method ensures the greatest security when erasing data that is no longer needed, according to the Hong Kong Office of the Privacy Commissioner?
- A. Strip-shredding paper copies of data.
- B. Reformatting USB memory devices containing data.
- C. Crosscut shredding paper copies of data.
- D. Deleting electronic files containing data.
Answer: C
NEW QUESTION 31
In June 2011, the Hong Kong Privacy Commissioner determined that data subject consent is NOT valid if it is what?
- A. Intended for direct marketing purposes.
- B. Bundled with other terms of the agreement.
- C. Provided by the data subject solely in verbal form.
- D. Used for a directly related but separate purpose.
Answer: B
NEW QUESTION 32
In what way are Hong Kong citizens protected from direct marketing in ways that India and Singapore citizens are not?
- A. Data subjects must be notified on a website if their data is being used for marketing purposes.
- B. Subscribers must have explicitly indicated that they did not object to their data being collected and used for marketing purposes.
- C. Data subjects are protected from the secondary use of personal data for marketing purposes.
- D. Subscribers can opt out of the use of their data for marketing purposes after collection by withdrawing consent.
Answer: B
NEW QUESTION 33
SCENARIO - Please use the following to answer the next QUESTION:
Bharat Medicals is an established retail chain selling medical goods, with a presence in a number of cities throughout Indi a. Their strategic partnership with major hospitals in these cities helped them capture an impressive market share over the years. However, with lifestyle and demographic shifts in India, the company saw a huge opportunity in door-to-door delivery of essential medical products. The need for such a service was confirmed by an independent consumer survey the firm conducted recently.
The company has launched their e-commerce platform in three metro cities, and plans to expand to the rest of the country in the future. Consumers need to register on the company website before they can make purchases. They are required to enter details such as name, age, address, telephone number, sex, date of birth and nationality - information that is stored on the company's servers. (Consumers also have the option of keeping their credit card number on file, so that it does not have to be entered every time they make payment.) If ordered items require a prescription, that authorization needs to be uploaded as well. The privacy notice explicitly requires that the consumer confirm that he or she is either the patient or has consent of the patient for uploading the health information. After creating a unique user ID and password, the consumer's registration will be confirmed through a text message sent to their listed mobile number.
To remain focused on their core business, Bharat outsourced the packaging, product dispatch and delivery activities to a third party firm, Maurya Logistics Ltd., with which it has a contractual agreement. It shares with Maurya Logistics the consumer name, address and other product-related details at the time of every purchase.
If consumers underwent medical treatment at one of the partner hospitals and consented to having their data transferred, their order requirement will be sent to their Bharat Medicals account directly, thereby doing away with the need to manually place an order for the medications.
Bharat Medicals takes regulatory compliance seriously; to ensure data privacy, it displays a privacy notice at the time of registration, and includes all the information that it collects. At this stage of their business, the company plans to store consumer information indefinitely, since the percentage of repeat customers and the frequency of orders per customer is still uncertain.
If a patient withdraws consent provided to one of the partner hospitals regarding the transfer of their data, which of the following would be true?
- A. The hospital has the right to refuse withdrawal of consent since it has a partnership with Bharat Medicals.
- B. The patient cannot purchase medications from Bharat Medicals.
- C. The hospital will obtain the necessary medications from Bharat Medicals and provide them directly to patient.
- D. The patient can buy medications from Bharat Medicals by uploading prescription to the Bharat Medicals website.
Answer: D
NEW QUESTION 34
SCENARIO - Please use the following to answer the next QUESTION:
Singabank is a boutique bank in Singapore. After being notified during the hiring process, Singabank employees are subject to constant and thorough monitoring and tracking through CCTV cameras, computer monitoring software and keyboard loggers. Singabank does this to ensure its employees are complying with Singabank's data security policy. Bigbank is now considering acquiring Singabank's retail banking division. As part of its due diligence, Bigbank is seeking for Singabank to disclose to it all of its surveillance material on its employees, whether or not they are part of the retail banking division. Jimmy works in Singabank's investment banking division.
Assuming the monitoring was legal, can Singabank disclose Jimmy's personal data to Bigbank?
- A. No, because the data was collected for the express purpose of complying with Singabank's privacy policies.
- B. Yes, if Singabank informs Jimmy of the disclosure of his personal data before it occurs.
- C. No, because Jimmy is not in the division that Bigbank seeks to acquire.
- D. Yes, if Jimmy's personal data is necessary for Bigbank to determine whether to proceed with the acquisition.
Answer: B
NEW QUESTION 35
The "due diligence" exemption in Hong Kong's PDPO was meant to apply to?
- A. Direct marketers acting in the best interest of their company.
- B. Companies researching the viability of business mergers.
- C. Third-party data processors located in foreign countries.
- D. Service providers hosting customer information in the cloud.
Answer: C
NEW QUESTION 36
SCENARIO - Please use the following to answer the next QUESTION:
Bharat Medicals is an established retail chain selling medical goods, with a presence in a number of cities throughout Indi a. Their strategic partnership with major hospitals in these cities helped them capture an impressive market share over the years. However, with lifestyle and demographic shifts in India, the company saw a huge opportunity in door-to-door delivery of essential medical products. The need for such a service was confirmed by an independent consumer survey the firm conducted recently.
The company has launched their e-commerce platform in three metro cities, and plans to expand to the rest of the country in the future. Consumers need to register on the company website before they can make purchases. They are required to enter details such as name, age, address, telephone number, sex, date of birth and nationality - information that is stored on the company's servers. (Consumers also have the option of keeping their credit card number on file, so that it does not have to be entered every time they make payment.) If ordered items require a prescription, that authorization needs to be uploaded as well. The privacy notice explicitly requires that the consumer confirm that he or she is either the patient or has consent of the patient for uploading the health information. After creating a unique user ID and password, the consumer's registration will be confirmed through a text message sent to their listed mobile number.
To remain focused on their core business, Bharat outsourced the packaging, product dispatch and delivery activities to a third party firm, Maurya Logistics Ltd., with which it has a contractual agreement. It shares with Maurya Logistics the consumer name, address and other product-related details at the time of every purchase.
If consumers underwent medical treatment at one of the partner hospitals and consented to having their data transferred, their order requirement will be sent to their Bharat Medicals account directly, thereby doing away with the need to manually place an order for the medications.
Bharat Medicals takes regulatory compliance seriously; to ensure data privacy, it displays a privacy notice at the time of registration, and includes all the information that it collects. At this stage of their business, the company plans to store consumer information indefinitely, since the percentage of repeat customers and the frequency of orders per customer is still uncertain.
Which of the following is NOT true for Maurya Logistics?
- A. It must protect any unauthorized access any of Bharat Medicals consumer data that it obtained.
- B. It must have a privacy policy on its website describing its data processing practices.
- C. It must obtain consent from Bharat Medicals consumers before processing their data.
- D. It must process Bharat Medicals' consumer data only according to agreed contractual terms.
Answer: C
NEW QUESTION 37
Which of the following principles of the OECD guidelines and Council of European Convention principles does Singapore's PDPA incorporate?
- A. Additional protections for sensitive personal data.
- B. The ability to opt-out from direct marketing.
- C. The right of deletion of data on request.
- D. Disclosures to third parties included in access requests.
Answer: B
NEW QUESTION 38
In India, the obligation to appoint a Grievance Officer applies ONLY to companies that?
- A. Deal with sensitive personal data.
- B. Lack alternate enforcement mechanisms.
- C. Conduct cross-border data transfers.
- D. Are considered part of the public sector.
Answer: A
Explanation:
Reference:
https://taxguru.in/corporate-law/compliance-relation-appointment-grievance-officer-provisions- information-technology-act-2000.html
NEW QUESTION 39
SCENARIO - Please use the following to answer the next QUESTION:
Dracarys Inc. is a large multinational company with headquarters in Seattle, Washington, U.S.A.
Dracarys began as a small company making and selling women's clothing, but rapidly grew through its early innovative use of online platforms to sell its products. Dracarys is now one of the biggest names in the industry, and employs staff across the globe, and in Asia has employees located in both Singapore and Hong Kong.
Due to recent management restructuring they have decided, on the advice of external consultants, to open an office in India in order to centralize its call center as well as its internal human resource functions for the Asia region. Dracarys would like to centralize the following human resource functions in India:
1. The recruitment process;
2. Employee assessment and records management;
3. Employee benefits administration, including health insurance.
Dracarys will have employees on the ground in India managing the systems for the functions listed above. They have been presented with a variety of vendor options for these systems, and are currently assessing the suitability of these vendors for their needs.
The CEO of Dracarys is concerned about the behavior of her employees, especially online. After having proprietary company information being shared with competitors by former employees, she is eager to put certain measures in place to ensure that the activities of her employees, while on Dracarys' premises or when using any of Dracarys' computers and networks are not detrimental to the business.
Dracarys' external consultants are also advising the company on how to increase earnings. Dracary's management refuses to reduce production costs and compromise the quality of their garments, so the consultants suggested utilizing customer data to create targeted advertising and thus increase sales.
Which of the following guidelines does Dracarys NOT need to take into account when implementing monitoring and surveillance tools?
- A. The Indian Information Technology Act of 2000.
- B. The Singapore advisory guidelines on the personal data protection act for selected topics (employment and CCTV).
- C. The Hong Kong Code of Practice on Human Resource Management.
- D. The Hong Kong guide to monitoring personal data privacy at work.
Answer: A
NEW QUESTION 40
In the area of human rights, what separates Singapore from many other Asian countries?
- A. It has not signed the International Covenant on Civil and Political Rights.
- B. It is not a member of the United Nations.
- C. It is not a member of the Association of Southeast Asian Nations (ASEAN).
- D. It has not adopted the ASEAN Human Rights Declaration.
Answer: A
NEW QUESTION 41
In 2015, Section 66A of India's IT Act was ruled unconstitutional. What did this section previously prohibit?
- A. Publishing private images of others.
- B. Tampering with computer source documents.
- C. Sending offensive messages.
- D. Publishing images with sexually explicit content.
Answer: C
NEW QUESTION 42
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