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Exam CIPP-A topic 1 question 35 discussion

Actual exam question from IAPP's CIPP-A
Question #: 35
Topic #: 1
[All CIPP-A Questions]

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.
Show Suggested Answer Hide Answer
Suggested Answer: C 🗳️

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Bhimesh
8 months ago
Selected Answer: B
Division 2—Use of Personal Data in Direct Marketing 35B. Application This Division does not apply in relation to the offering, or advertising of the availability, of— (a) social services run, subvented or subsidized by the Social Welfare Department; (b) health care services provided by the Hospital Authority or Department of Health; or (c) any other social or health care services which, if not provided, would be likely to cause serious harm to the physical or mental health of— (i) the individual to whom the services are intended to be provided; or (ii) any other individual.
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Bhimesh
8 months ago
DPP3 Use of Data DPP3 prohibits the use of personal data for any new purpose which is not or is unrelated to the original purpose when collecting the data, unless with the data subject’s express and voluntary consent. A data subject can withdraw his/her consent previously given by written notice. Regarding restrictions on use of personal data, Part 6A of the PDPO further requires that data users must obtain informed consent before using a data subject’s personal data for direct marketing or transferring the data to a third party for direct marketing. The consent must be an explicit indication by the data subject and broadly covers an indication of no objection. In other words, silence cannot constitute consent.
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