IAPP CIPP-A Practice Test - Questions Answers, Page 8
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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 consent derogation.
A certification mechanism.
Privacy Shield.
Ad-hoc contractual clauses.
In what way are Hong Kong citizens protected from direct marketing in ways that India and Singapore citizens are not?
Subscribers must have explicitly indicated that they did not object to their data being collected and used for marketing purposes.
Subscribers can opt out of the use of their data for marketing purposes after collection by withdrawing consent.
Data subjects must be notified on a website if their data is being used for marketing purposes.
Data subjects are protected from the secondary use of personal data for marketing purposes.
What personal information is considered sensitive in most countries in Asia with such definition in privacy laws?
Financial information.
Health information.
Geolocalization information.
Criminal records.
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?
No, because Jimmy is not in the division that Bigbank seeks to acquire.
No, because the data was collected for the express purpose of complying with Singabank's privacy policies.
Yes, if Singabank informs Jimmy of the disclosure of his personal data before it occurs.
Yes, if Jimmy's personal data is necessary for Bigbank to determine whether to proceed with the acquisition.
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?
The recipients of the collected data.
The name of the body collecting the data.
The type of safeguards protecting the data.
The options the subject has to access his data.
Which method ensures the greatest security when erasing data that is no longer needed, according to the Hong Kong Office of the Privacy Commissioner?
Strip-shredding paper copies of data.
Crosscut shredding paper copies of data.
Deleting electronic files containing data.
Reformatting USB memory devices containing data.
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?
Decline to turn over the footage as it is not a valid data access request.
Provide a copy of the footage within 40 days as it is a data access request.
Provide a copy of the footage to the lawyer under the exemption for legal professional privilege.
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.
Section 43A was amended by India's IT Rules 2011 to include?
A definition of what constitutes reasonable security practices.
A requirement for the creation of a data protection authority.
A list of cases in which privacy policies are not necessary.
A clarification regarding the role of non-automated data.
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?
Because Delilah "consented" to her business contact information being used by Good Mining by passing it to Evan voluntarily.
Because any business contact information can be freely used, collected or disclosed by Good Mining.
Because Good Mining does not export the information to a cloud vendor.
Because Delilah initiated the relationship with Good Mining.
Which personal data element is NOT considered a special category of data under the General Data Protection Regulation
(GDPR)?
Physical or mental health data.
Financial information.
Race or ethnic origin.
Political opinions.
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