NEW QUESTION 27
In 2015, Section 66A of India’s IT Act was ruled unconstitutional. What did this section previously prohibit?

NEW QUESTION 28
In which situation would a data intermediary based in Singapore be liable for breaches against the PDPA?

NEW QUESTION 29
Which European-influenced safeguard was NOT included in Hong Kong or Singapore’s personal data protection acts, but was subsequently adopted as a consideration in regulatory guidelines?

NEW QUESTION 30
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.
HackProof reports to Zoe that a copy of the entire guest database has been exfiltrated by a hacker. What is Zoe’s best course of action?

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.
Which type of information collected by Bharat Medicals is considered sensitive personal information under the Information Technology Rules?

NEW QUESTION 32
The “due diligence” exemption in Hong Kong’s PDPO was meant to apply to?

NEW QUESTION 33
A Singapore employer can do all of the following without obtaining an employee’s consent EXCEPT?

NEW QUESTION 34
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?

NEW QUESTION 35
Under the PDPO, what are Hong Kong companies that make use of personal data required to do?

NEW QUESTION 36
In India, the obligation to appoint a Grievance Officer applies ONLY to companies that?

NEW QUESTION 37
Which concept is NOT an element of Cross Border Privacy Rules (CBPR)?

NEW QUESTION 38
Which of the following does Singapore’s PDPC NOT have the power to do?

NEW QUESTION 39
In the Asia-Pacific Economic Cooperation (APEC) Privacy Framework, what exception is allowed to the Access and Correction principle?

NEW QUESTION 40
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?

NEW QUESTION 41
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?

NEW QUESTION 42
How is the transparency of the complaint process treated in both Hong Kong and Singapore?

NEW QUESTION 43
Hong Kong’s Personal Data (Privacy) Ordinance (PDPO) was primarily inspired by which of the following?

NEW QUESTION 44
How are the scope of Singapore’s Personal Data Protection Act and the scope of India’s IT Rules similar?

NEW QUESTION 45
Which provision of Hong Kong’s Personal Data (Privacy) Ordinance (PDPO) strengthens the purpose limitation principle (DPP3)?

NEW QUESTION 46
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.
Dracary’s existing client data sets have been anonymised but the CEO is concerned about re-identification and the risks of using the data for further analysis.
What should the CEO do?

NEW QUESTION 47
According to India’s IT Rules 2011, a body corporate operating in India is required to appoint what kind of authority?

NEW QUESTION 48
In 2013-14, the Indian Supreme Court ruled in Puttaswamy v Union of India that requiring a Unique Identification Number was unconstitutional if what?

NEW QUESTION 49
Hong Kong’s definition of a data user in the original PDPO applies to all of the following EXCEPT?

NEW QUESTION 50
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?

NEW QUESTION 51
Who is NOT potentially liable when an employee in a Singapore corporation or partnership breaches the PDPA?