Deck 2: Certified Information Privacy Professional/Asia (CIPP/A)

Question 1

Which of the following principles of the OECD guidelines and Council of European Convention principles does Singapore's PDPA incorporate?

A) Disclosures to third parties included in access requests.
B) Additional protections for sensitive personal data.
C) The ability to opt-out from direct marketing.
D) The right of deletion of data on request.

Answer 1

The ability to opt-out from direct marketing.

Question 2

In what way are Hong Kong citizens protected from direct marketing in ways that India and Singapore citizens are not?

A) Subscribers must have explicitly indicated that they did not object to their data being collected and used for marketing purposes.
B) Subscribers can opt out of the use of their data for marketing purposes after collection by withdrawing consent.
C) Data subjects must be notified on a website if their data is being used for marketing purposes.
D) Data subjects are protected from the secondary use of personal data for marketing purposes.

Answer 2

Subscribers must have explicitly indicated that they did not object to their data being collected and used for marketing purposes.

Question 3

Which of the following does Singapore's PDPC NOT have the power to do?

A) Order an organization to stop collecting personal data.
B) Order an organization to destroy collected personal data.
C) Order an organization to award compensation to a complainant.
D) Order an organization to pay a financial penalty to the government.

Answer 3

Order an organization to pay a financial penalty to the government.

Question 4

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

A) Enforcement by Accountability Agents.
B) Self-assessment against CBPR questionnaire.
C) Consultation with Privacy Enforcement (PE) Authority.
D) Dispute resolution via the Accountability Agent's compliance program.

Question 5

All of the following are guidelines the PDPC gives about anonymised data EXCEPT?

A) Anonymised data is not personal data.
B) Any data that has been anonymised bears the same risks for re-identification.
C) Data that has been anonymised satisfies the "cease to retain" requirement of Section 25.
D) Organizations should consider the risk of re-identification if it intends to publish or disclose anonymised data.

Question 6

Hong Kong's definition of a data user in the original PDPO applies to all of the following EXCEPT?

A) Trust corporations.
B) Third-party processors.
C) Private sector organizations.
D) Limited liability partnerships.

Question 7

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 Jimmy is not in the division that Bigbank seeks to acquire.
B) No, because the data was collected for the express purpose of complying with Singabank's privacy policies.
C) Yes, if Singabank informs Jimmy of the disclosure of his personal data before it occurs.
D) Yes, if Jimmy's personal data is necessary for Bigbank to determine whether to proceed with the acquisition.

Question 8

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. What would make Singabank's monitoring of its employees illegal?

A) If the employees did not explicitly consent to it.
B) If the bank's data security policy was being overhauled.
C) If the bank collected employees' sensitive personal information.
D) If the employees were not provided contact information to ask questions about the monitoring.

Question 9

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 China. 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 it is not a valid data access request.
B) Provide a copy of the footage within 40 days as it is a data access request.
C) Provide a copy of the footage to the lawyer under the exemption for legal professional privilege.
D) 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.

Question 10

The "due diligence" exemption in Hong Kong's PDPO was meant to apply to?

A) Third-party data processors located in foreign countries.
B) Companies researching the viability of business mergers.
C) Service providers hosting customer information in the cloud.
D) Direct marketers acting in the best interest of their company.

Question 11

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

A) Paper-based records.
B) Publicly-available information.
C) Foreign intelligence.
D) Unreasonable expense.

Question 12

Hong Kong's Personal Data (Privacy) Ordinance (PDPO) was primarily inspired by which of the following?

A) Asia's APEC Privacy Framework.
B) Macau's Personal Data Protection Act.
C) South Korea's Public Agency Data Protection Act.
D) Europe's Data Protection Directive (Directive 95/46/EC).

Question 13

In which of the following cases would a Singaporean be prevented from accessing information about herself from an organization?

A) The information was collected in the previous 12 months.
B) The information is related to an individual's credit rating.
C) The cost of providing the information proved to be unreasonable.
D) Any personal information about others has been deleted from the document.

Question 14

Besides the Personal Data Protection Act (PDPA), which of the following is a potential source of privacy protection for Singapore citizens?

A) Constitutional protections of personal information.
B) International agreements protecting privacy.
C) The tort of invasion of privacy.
D) Breach of confidence law.

Question 15

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) Sensitive information.
C) Personal data.
D) Identified data.

Question 16

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 China. 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?

A) Zoe must immediately notify all guests, the police and the Privacy Commissioner of the breach.
B) Zoe does not need to do anything as there is no mandatory breach notification requirement in Hong Kong.
C) Zoe must report the breach to the Privacy Commissioner and make an action plan together with the Commissioner.
D) Zoe should consider if there is a real risk of harm to the guests and take appropriate action based on her assessment.

Question 17

SCENARIO - Please use the following to answer the next question: Delilah is seeking employment in the marketing department of Good Mining Private Limited, an industry leader in drilling mines in Singapore. Delilah, while filling in the standard paper application form, is asked to provide details about emergency contacts, medical history, blood type and her insurance policy. These fields need to be filled in no matter which department Delilah applies to. The form also asks Delilah to expressly consent to the collection, use and disclosure of her personal data. A week after submitting the form, Delilah is invited by Evan, the Director of Marketing at Good Mining, to coffee. Just before Delilah leaves, she gives her business card containing her current business contact information to Evan. Evan then uses the business card to add Delilah's details to Good Mining's business development database, which is kept on a local server. Good Mining uses the database to inform people about networking and client events that Good Mining organizes. Why is it legal for Evan to add the information on Delilah's business card to the business development database?

A) Because Delilah "consented" to her business contact information being used by Good Mining by passing it to Evan voluntarily.
B) Because any business contact information can be freely used, collected or disclosed by Good Mining.
C) Because Good Mining does not export the information to a cloud vendor.
D) Because Delilah initiated the relationship with Good Mining.

Question 18

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 China. 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) Consent of the guest in writing to the transfer.
B) Amending StarOne's privacy policy to refer to the transfer.
C) Putting in place Model Clauses between the relevant entities.
D) China being included as a "White List" country for data transfer.

Question 19

Increases in which of the following were a major reason for the enactment of Hong Kong's Amendment Ordinance in 2012?

A) Direct marketing practices.
B) Law enforcement requests.
C) Biometric authentication.
D) Data breach reports.

Question 20

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 China. 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.

Question 21

Which of the following topics was NOT addressed in India's Information Technology Act 2000 (IT Act)?

A) Digital signatures.
B) Censorship limitations.
C) Electronic transactions.
D) Cybersecurity procedures.

Question 22

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 India. 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 recipients of the collected data.
B) The name of the body collecting the data.
C) The type of safeguards protecting the data.
D) The options the subject has to access his data.

Question 23

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 Asia. 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 FFE data retention policies would be permitted under Section 26 of the Personal Data (Privacy) Ordinance and Hong Kong Data Protection Principle 2 regarding accuracy and retention?

A) Retain the data of members who have been suspended for non-payment, in the event that the data is needed to seek compensation in a court of law.
B) Retain all member data and documents in original form for two years after account termination, to better inform marketing efforts focused on re-activating accounts of former customers.
C) Retain an anonymous data set after account termination indicating dates of membership, age, and other statistical data, to be included in aggregate reports about gym membership trends.
D) Retain copies of files of customers who utilized personal trainer services for six months after account termination, to allow trainers to respond to inquiries from personal physicians about training-related injuries.

Question 24

How was the Supreme Court's ruling in the Maneka Gandhi v Union of India case significant to Indian law?

A) It expanded the interpretation of right to life under Article 21 of the Constitution.
B) It established that privacy is a fundamental right granted by the Constitution under Article 21.
C) It upheld that the impounding of passports for "public interest" is allowable under Section 10(3)(c) of the Passports Act.
D) It ruled that under Article 32 of the Constitution individuals may file writ petitions when they feel their rights were violated.

Question 25

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 restricted to residents of India.
B) It was necessary for proving citizenship.
C) It was required in order to obtain government services.
D) It was used to gather information to discriminate against minorities.

Question 26

Hong Kong's New Guidance on Direct Marketing clarified that direct marketing rules under the new regime do NOT apply if what condition exists?

A) The data subject's personal data is collected from public registers or third parties.
B) The products or services are being offered by the organization's parent company.
C) The data subject has already given consent for other services offered by the company.
D) The products or services are being offered for the exclusive use of an individual's organization.

Question 27

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 India. 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) Prescription details.
B) Location data.
C) Nationality.
D) Religion.

Question 28

Which of the following entities do NOT fall under India's Right to Information Act of 2005?

A) High courts.
B) State legislatures.
C) Law enforcement agencies.
D) National Security Guard.

Question 29

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 India. 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 patient cannot purchase medications from Bharat Medicals.
B) The hospital has the right to refuse withdrawal of consent since it has a partnership with 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.

Question 30

All of the following are exempt from Section 43A of India's IT Rules 2011 EXCEPT?

A) Charitable groups.
B) Sole proprietorships.
C) Government agencies.
D) Religious organizations.

Question 31

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 Hong Kong guide to monitoring personal data privacy at work.
C) The Hong Kong Code of Practice on Human Resource Management.
D) The Singapore advisory guidelines on the personal data protection act for selected topics (employment and CCTV).

Question 32

Section 43A of India's IT Rules 2011 requires which of the following for a privacy policy?

A) It should be available and produced on request.
B) It should be published on the website of the body corporate.
C) It should be emailed or faxed to data providers by the body corporate.
D) It should be shown to the data provider at the time of data collection.

Question 33

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 submits for approval from Dracarys a privacy notice explaining how personal data will be protected under the Indian Information Technology Act.
B) 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.
C) 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.
D) That the vendor adheres to the same sector privacy rules followed by Dracarys headquarters based in Seattle regarding the transfer of personal data.

Question 34

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 Asia. 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 types of text messages are permissible, regardless of Stephen's withdrawal of consent?

A) From the FFE retention department, offering a special discount for reactivating membership.
B) From health care services provided by Hong Kong's Hospital Authority or Department of Health.
C) From an FFE affiliate that provides a mechanism to opt out of further communications by reply-texting "OO."
D) From an FFE affiliate in the region Stephen was transferred to, offering services similar to those he purchased previously.

Question 35

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 Asia. 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) No penalty, as FFE and the new employer are the responsible parties.
B) Violation of the terms of his employment agreement.
C) A maximum $500,000 HKD fine.
D) Up to five years imprisonment.

Question 36

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?

A) Assess the business risk of further processing in the absence of any regulations on anonymised data.
B) Refer to India's Information Technology Act and the 2011 rules 3-8 for guidance on handling anonymised data.
C) Obtain the consent of the data subjects because anonymous data must be treated as personal data at all times.
D) Adhere to the Singapore guidelines on anonymization and the Hong Kong Guidance on Personal Data Erasure and Anonymization.

Question 37

Which was NOT listed as an individual right in the 1998 Fair Information Practice Principles (FIPPs)?

A) Notice.
B) Choice.
C) Right to erasure.
D) Right to data access.

Question 38

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 Asia. 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.

Question 39

How are the scope of Singapore's Personal Data Protection Act and the scope of India's IT Rules similar?

A) They only apply to the private sector.
B) They allow exemptions for military personnel.
C) They apply to controllers and processors alike.
D) They impose obligations on individuals acting in a domestic capacity.

Question 40

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) Breach notification.
B) Data retention periods.
C) Employee recruitment process.
D) Data subject consent provisions.

Question 41

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

A) A Chief Risk Officer.
B) A Grievance Officer.
C) A Data Protection Officer.
D) A Chief Technology Officer.

Question 42

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 the rules apply to persons or companies collecting sensitive data within India.
C) That the data processor must provide notice to the data subject before data is processed.
D) That sensitive personal data or information includes passwords, financial information, medical records, and biometric information.

Question 43

What was the basis for the "TrustSg" mark, which was designed to build confidence in e-commerce transactions before the PDPA was enacted?

A) The Fair Information Practice Principles.
B) The Model Data Protection Code.
C) The Electronic Transactions Act.
D) The 1995 European Directive.

Question 44

On what group does Singapore's PDPA impose disclosure restrictions that Hong Kong and India do not?

A) Government officials.
B) Children under 13.
C) The deceased.
D) The clergy.

Question 45

Although the right to privacy is not explicitly granted in the Indian Constitution, privacy advocates frequently cite Article 21's guarantee of?

A) Personal liberty.
B) Right to property.
C) Equality before the law.
D) Freedom from intrusion.

Question 46

Section 43A was amended by India's IT Rules 2011 to include?

A) A definition of what constitutes reasonable security practices.
B) A requirement for the creation of a data protection authority.
C) A list of cases in which privacy policies are not necessary.
D) A clarification regarding the role of non-automated data.

Question 47

Which of the following countries will continue to enjoy adequacy status under the GDPR, pending any future European Commission decision to the contrary?

A) Argentina.
B) Mexico.
C) Taiwan.
D) Korea.

Question 48

Based on the model contract released by the Privacy Commissioner for Personal Data (PDPC), Hong Kong, all of the following sections are recommended to be put into a contract to address Ordinance 33 (Data transfer/export) of Hong Kong's Personal Data Privacy Ordinance (PDPO) EXCEPT?

A) Liability and indemnity.
B) Exemptions and Definitions.
C) Termination of the contract.
D) Obligations of the Transferee.

Question 49

In enforcement cases, what is Singapore's Personal Data Protection Commission (PDPC) obligated to do?

A) Publish the decisions it makes regarding complaints.
B) Provide the complainant with a way to appeal a decision.
C) Publish the name of an organization named in a complaint.
D) Intervene in civil actions to provide assistance to complainants.

Question 50

Under the General Data Protection Regulation (GDPR), European Union member states may be allowed to transfer personal data to the United States in some cases. Which of the following could NOT be used as a legitimate means of doing this?

A) A consent derogation.
B) A certification mechanism.
C) The Safe Harbor Framework.
D) Binding Corporate Rules (BCR).

Question 51

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 storing information in Singapore.
C) If it is collecting personal information in Singapore.
D) If it collects information from Singaporeans living abroad.

Question 52

Which personal data element is NOT considered a special category of data under the General Data Protection Regulation (GDPR)?

A) Physical or mental health data.
B) Financial information.
C) Race or ethnic origin.
D) Political opinions.

Question 53

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.

Question 54

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) Hospital administrators.
B) Financial institutions.
C) News organizations.
D) Non-profit groups.