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Question 11

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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?

The patient cannot purchase medications from Bharat Medicals.

The patient cannot purchase medications from Bharat Medicals.

The hospital has the right to refuse withdrawal of consent since it has a partnership with Bharat Medicals.

The hospital has the right to refuse withdrawal of consent since it has a partnership with Bharat Medicals.

The hospital will obtain the necessary medications from Bharat Medicals and provide them directly to patient.

The hospital will obtain the necessary medications from Bharat Medicals and provide them directly to patient.

The patient can buy medications from Bharat Medicals by uploading prescription to the Bharat Medicals website.

The patient can buy medications from Bharat Medicals by uploading prescription to the Bharat Medicals website.

Suggested answer: D
asked 22/11/2024
Austine Ogheneruemu Onakpoma
51 questions

Question 12

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The judgement of the Supreme Court in 2017 in the case of Justice K.S. Puttaswamy (retd.) and Anr. vs. Union of India held that?

Right to Privacy is a fundamental right guaranteed by the Constitution.

Right to Privacy is a fundamental right guaranteed by the Constitution.

Right to Privacy is an intrinsic part of Art. 21 of the Constitution.

Right to Privacy is an intrinsic part of Art. 21 of the Constitution.

Right to life and personal liberty includes the right to Privacy.

Right to life and personal liberty includes the right to Privacy.

Right to Privacy is the right to be left alone.

Right to Privacy is the right to be left alone.

Suggested answer: A
Explanation:

Reference: https://www.scobserver.in/reports/k-s-puttaswamy-right-to-privacy-judgment-of-the-court-in-plain-englishi/#:~:text=On%2024th%20August%2C%202017%20a,a%20fundamental%20right%20to %20privacy

asked 22/11/2024
jordi vanderpooten
40 questions

Question 13

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

Enforcement by Accountability Agents.

Enforcement by Accountability Agents.

Self-assessment against CBPR questionnaire.

Self-assessment against CBPR questionnaire.

Consultation with Privacy Enforcement (PE) Authority.

Consultation with Privacy Enforcement (PE) Authority.

Dispute resolution via the Accountability Agent's compliance program.

Dispute resolution via the Accountability Agent's compliance program.

Suggested answer: B
Explanation:

Reference: https://www.apec.org/About-Us/About-APEC/Fact-Sheets/What-is-the-Cross-Border-Privacy-Rules-System

asked 22/11/2024
Mark Anthony Simon
48 questions

Question 14

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Under India's IT Rules 2011, data subjects have the right to correct inaccuracies in personal information collected about them only if?

They are also the providers of the information.

They are also the providers of the information.

They confirm their consent to maintain the information.

They confirm their consent to maintain the information.

They are able to prove the legitimacy of the corrections.

They are able to prove the legitimacy of the corrections.

They request the corrections within a specified amount of time.

They request the corrections within a specified amount of time.

Suggested answer: A
asked 22/11/2024
samuel crook
50 questions

Question 15

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What term is defined by the European Commission to mean any data that relates to an identified or identifiable individual?

Personally identifiable information.

Personally identifiable information.

Sensitive information.

Sensitive information.

Personal data.

Personal data.

Identified data.

Identified data.

Suggested answer: C
Explanation:

Reference: https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-personal-data_en

asked 22/11/2024
Mike Schatens
37 questions

Question 16

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In addition to adhering to the data export principle of section 43A of India's IT Act 2000, data exporters in India must also follow principles of?

Privity of contract.

Privity of contract.

Disclosure limitation.

Disclosure limitation.

Mandatory registration.

Mandatory registration.

Third party assessment.

Third party assessment.

Suggested answer: C
asked 22/11/2024
G C
52 questions

Question 17

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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?

Consent of the guest in writing to the transfer.

Consent of the guest in writing to the transfer.

Amending StarOne's privacy policy to refer to the transfer.

Amending StarOne's privacy policy to refer to the transfer.

Putting in place Model Clauses between the relevant entities.

Putting in place Model Clauses between the relevant entities.

China being included as a "White List" country for data transfer.

China being included as a "White List" country for data transfer.

Suggested answer: A
asked 22/11/2024
Victor Platonov
42 questions

Question 18

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

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Question 19

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In India's IT Rules 2011, which is included in the definition of "sensitive personal data"?

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Question 20

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

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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?



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?