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NEW QUESTION 11
What emerged as the main reason for creating a comprehensive data protection law when Singapore ministers met between 2005 and 2011?
- A. To limit the scope of governmental surveillance.
- B. To control increasing technological threats.
- C. To enhance Singapore's economic competitiveness.
- D. To raise Singapore's human rights standing.
Answer: C
NEW QUESTION 12
Hong Kong's definition of a data user in the original PDPO applies to all of the following EXCEPT?
- A. Third-party processors.
- B. Trust corporations.
- C. Private sector organizations.
- D. Limited liability partnerships.
Answer: A
NEW QUESTION 13
What does NOT need to be considered when determining the retention schedule for sensitive personal data?
- A. Storage capacity.
- B. Amount of data.
- C. Regulatory requirements.
- D. Business needs.
Answer: A
NEW QUESTION 14
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 as Section 33 is not in force.
- 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 can transfer the data to StarOne given they are in the same premises and guests would reasonably expect that.
- D. Inform the staff that Relax Ltd should not transfer the data to StarOne without the guest's opt-in consent to do so.
Answer: D
NEW QUESTION 15
Both Sections 72 and 72A of India's IT Act 2000 involve unauthorized access of personal information. One main difference between the sections is that 72A does what?
- A. Includes the concept of consent.
- B. Adds a provision about wrongful loss or gain.
- C. Stipulates that disclosure has to have occurred.
- D. Specifies imprisonment as a possible penalty.
Answer: D
NEW QUESTION 16
All of the following are exempt from Section 43A of India's IT Rules 2011 EXCEPT?
- A. Government agencies.
- B. Charitable groups.
- C. Religious organizations.
- D. Sole proprietorships.
Answer: A
NEW QUESTION 17
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.
Assuming that Section 33 is in force, which of the following would NOT help Zoe to facilitate the cross-border transfer from Hong Kong to China?
- A. China being included as a "White List" country for data transfer.
- B. Putting in place Model Clauses between the relevant entities.
- C. Consent of the guest in writing to the transfer.
- D. Amending StarOne's privacy policy to refer to the transfer.
Answer: C
NEW QUESTION 18
What term is defined by the European Commission to mean any data that relates to an identified or identifiable individual?
- A. Personally identifiable information.
- B. Personal data.
- C. Sensitive information.
- D. Identified data.
Answer: B
NEW QUESTION 19
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.
What must Dracarys confirm about the vendor in India in order to centralize elements of its Human Resource function?
- A. That the vendor is bound by legally enforceable obligations to provide the personal data a standard of protection that is at least comparable to the protection under the Singapore PDPA.
- B. That the vendor adheres to the same sector privacy rules followed by Dracarys headquarters based in Seattle regarding the transfer of personal data.
- C. That the vendor files requests for transfer of personal data out of India through the offices of the privacy commissioners of Hong Kong and Singapore.
- D. That the vendor submits for approval from Dracarys a privacy notice explaining how personal data will be protected under the Indian Information Technology Act.
Answer: D
NEW QUESTION 20
Which provision of Hong Kong's Personal Data (Privacy) Ordinance (PDPO) strengthens the purpose limitation principle (DPP3)?
- A. Notice; because the data subject must be provided with the purpose of the collection.
- B. Public domain; because the data subjects must agree to the purpose before their information is made publicly available.
- C. Prescribed consent; because the data subject must give express consent to their personal information being used for additional purposes.
- D. Finality; because the purpose for collection of personal information from the subject must be directly related to a function of the collector.
Answer: A
NEW QUESTION 21
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's collection of Stephen's messenger cell details through Kelvin.
- C. FFE affiliates' receipt of Stephen's contact information.
- D. FFE's collection of age and HKID from prospective clients.
Answer: B
NEW QUESTION 22
Protection of which kind of personal information is NOT explicitly mentioned in the privacy laws of Hong Kong, Singapore, and India?
- A. Sensitive data.
- B. Children's data.
- C. Outsourced data.
- D. Extraterritorial data.
Answer: B
NEW QUESTION 23
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 process Bharat Medicals' consumer data only according to agreed contractual terms.
- B. It must protect any unauthorized access any of Bharat Medicals consumer data that it obtained.
- C. It must obtain consent from Bharat Medicals consumers before processing their data.
- D. It must have a privacy policy on its website describing its data processing practices.
Answer: C
NEW QUESTION 24
Which concept is NOT an element of Cross Border Privacy Rules (CBPR)?
- A. Self-assessment against CBPR Question:naire.
- B. Dispute resolution via the Accountability Agent's compliance program.
- C. Consultation with Privacy Enforcement (PE) Authority.
- D. Enforcement by Accountability Agents.
Answer: A
NEW QUESTION 25
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.
How should Bernard respond to the lawyer's request for the CCTV footage?
- A. Decline to turn over the footage as there is no basis for it to be disclosed under the exemption for prevention or detection of crime.
- B. Provide a copy of the footage to the lawyer under the exemption for legal professional privilege.
- C. Decline to turn over the footage as it is not a valid data access request.
- D. Provide a copy of the footage within 40 days as it is a data access request.
Answer: A
NEW QUESTION 26
In what case would a foreign company NOT be liable for breaches of Singapore's PDPA?
- A. If it has a physical office in Singapore.
- B. If it is collecting personal information in Singapore.
- C. If it collects information from Singaporeans living abroad.
- D. If it is storing information in Singapore.
Answer: C
NEW QUESTION 27
What clarification did India make in a 2011 Press Note regarding their Sensitive Personal Data Rules?
- A. That the rules apply to data subjects located outside of India.
- B. That sensitive personal data or information includes passwords, financial information, medical records, and
- C. That the rules apply to persons or companies collecting sensitive data within India.
- D. That the data processor must provide notice to the data subject before data is processed.
Answer: B
Explanation:
biometric information.
NEW QUESTION 28
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 type of information collected by Bharat Medicals is considered sensitive personal information under the Information Technology Rules?
- A. Nationality.
- B. Prescription details.
- C. Religion.
- D. Location data.
Answer: B
NEW QUESTION 29
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.
Dracarys and their vendor of choice must draft a contract that establishes agreement regarding all of the following factors EXCEPT?
- A. Data subject consent provisions.
- B. Employee recruitment process.
- C. Data retention periods.
- D. Breach notification.
Answer: A
NEW QUESTION 30
In India's IT Rules 2011, which is included in the definition of "sensitive personal data"?
- A. Next of kin.
- B. IP addresses.
- C. Tax records.
- D. Sexual Orientation.
Answer: D
NEW QUESTION 31
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.
When collecting personal data, Bharat Medicals does NOT need to inform the consumer of what?
- A. The type of safeguards protecting the data.
- B. The name of the body collecting the data.
- C. The recipients of the collected data.
- D. The options the subject has to access his data.
Answer: D
NEW QUESTION 32
Cases in which an Indian company is accused of violating provisions of India's IT Act must be heard by?
- A. The High Court.
- B. A Grievance Officer.
- C. An Adjudicating Officer.
- D. The Cyber Appellate Tribunal.
Answer: A
NEW QUESTION 33
The "due diligence" exemption in Hong Kong's PDPO was meant to apply to?
- A. Service providers hosting customer information in the cloud.
- B. Companies researching the viability of business mergers.
- C. Direct marketers acting in the best interest of their company.
- D. Third-party data processors located in foreign countries.
Answer: D
NEW QUESTION 34
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