The "due diligence" exemption in Hong Kong's PDPO was meant to apply to?
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?
SCENARIO – Please use the following to answer the next QUESTION:
B-Star Limited is a Singapore based construction company with many foreign construction workers. B-Star's HR team maintains two databases. One (the "simple database") contains basic details from a standard in- processing form such as name, local address and mobile number. The other database (the "sensitive database") contains information collected by the HR Department as part of Annual Review Interviews. With the workers' cooperation, this database has expanded to include far-reaching sensitive information such as medical history, religious beliefs, ethnicity and educational levels of immediate family members. Carl left B- Star's employment yesterday, and has flown back home, rendering him unreachable. Today B-Star, without Carl's consent, wants to conduct research using Carl's medical records in the sensitive database.
Can B-Star legally conduct this research using Carl's medical data?
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?
Under what circumstances are smart identity cards required of Hong Kong citizens?
Which of the following does Singapore's PDPC NOT have the power to do?
In India, the obligation to appoint a Grievance Officer applies ONLY to companies that?
Which was NOT listed as an individual right in the 1998 Fair Information Practice Principles (FIPPs)?
What personal information is considered sensitive in almost all countries with privacy laws?
In what case would a foreign company NOT be liable for breaches of Singapore's PDPA?
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?
Which of the following would NOT be exempt from Singapore’s PDPA?
Which method ensures the greatest security when erasing data that is no longer needed, according to the Hong Kong Office of the Privacy Commissioner?