Free DSCI DCPLA Practice Exam with Questions & Answers | Set: 2

The landmark judgment in “Justice K. S. Puttaswamy (Retd.) and Anr. vs. Union of India And Ors” delivered on August 24, 2017, reaffirmed that:

"The Right to Privacy is protected as an intrinsic part of the Right to Life and Personal Liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution."

This case is foundational to the development of privacy jurisprudence in India and has guided theformulation of the Indian Data Protection law.

Under the DSCI Privacy Framework, triggers for updating the privacy policy include:

A: Regulatory changes, such as updates to local or international laws affecting data processing.

B: Privacy breaches, which might expose weaknesses in current policies and necessitate policy improvement.

C: Change in third-party service providers, which affects data flows and may require policy revision to reflect new processing relationships.

Recruitment of employees (D) does not directly impact policy unless associated with change in data flows or systems. Therefore, it is not an automatic trigger.

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According to the DSCI Privacy Framework and aligned with global privacy principles such as those found in the OECD and APEC frameworks, “Collection Limitation” emphasizes that personal data should be collected in a manner that is lawful and fair, and should be limited to what is necessary for the identified purposes.

As per DSCI Assessment Framework for Privacy (DAF-P©), this principle ensures organizations collect only relevant data by minimizing unnecessary data acquisition, thereby reducing the privacy risks. The principle mandates:

"Personal data collected should be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed."

This is designed to promote responsible data stewardship and ensure minimal exposure of individuals’ personal information.

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According to the DSCI Privacy Framework, the practice area of “Regulatory Compliance Intelligence (RCI)” is dedicated to helping organizations:

Continuously track evolving laws and regulations (A)

Map these requirements and associated liabilities to data elements and processing activities (B)

Develop internal knowledge management systems for compliance obligations (D)

Option C, however, relates more to access control and information security, which is typically addressed under technical and security safeguard controls, not under the RCI practice area.

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Privacy governance is about setting direction and defining roles and responsibilities across the organization for managing personal data. It:

B: Defines strategy and takes decisions on privacy-related matters

C: Enables execution of policies to handle operational privacy incidents

D: Ensures that privacy accountability is not overlooked

Option A is incorrect because governance is not limited to computer resources—it spans all organizational functions involving personal data processing .

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The DPF© outlines that the applicability and implementation of privacy principles depend on several contextual factors including:

The organization's role as data controller or processor (A)

Channels and methods of data inflow (B)

Jurisdictional regulations applicable to the organization's operations (C)

Public commitments, contracts, and stakeholder expectations (D)

The "Visibility" parameter within the DSCI Privacy Framework evaluates how well an organization can observe, trace, and explain personal data processing activities. The inability to locate the source, assess the cause, or assign responsibility indicates a lack of operational visibility into data practices. Hence, such a situation most appropriately falls under the "Visibility" dimension.

According to the DSCI Privacy Framework and aligned international frameworks such as GDPR and APEC, a “Data Subject” refers to:

"An identified or identifiable natural person to whom the personal data relates."

This includes individuals whose data is being collected, held, or processed by any entity. Thus:

A (an individual providing their data to avail a service) is a data subject because the data is about them.

C (an individual whose data/information is processed) directly matches the definition.

Options B, D, and E refer to entities or persons involved in processing or handling the data, not the individuals to whom the data belongs.

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The DAF‑P© explicitly states that only DSCI has the authority to issue privacy certification. The assessor organization conducts the assessment and submits the findings and recommendation, but the final certification decision rests solely with DSCI based on its review process.

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As an external privacy expert, the first step I would suggest for XYZ company is to conduct a detailed assessment of their existing security monitoring and incident management processes. This should include an analysis of how data is collected, stored, and accessed; what kind of policies are currently in place; and any other relevant security measures. It should also identify areas where additional process or technical changes may be required to meet privacy requirements.

Once the initial assessment has been completed, I would recommend that XYZ take steps to ensure that its processes align with applicable laws and regulations regarding data protection, such as EU GDPR. For example, they should update their policies around data collection and storage so that they comply with GDPR's requirements on consent and purpose limitation. Additionally, XYZ should ensure that their systems are secure and only authorized personnel can access the data.

Also I would suggest that XYZ develop a comprehensive incident response plan, indicating how they will address any data breaches or other privacy incidents. The plan should include steps for notification to affected individuals or organizations, containment of the incident, investigations into its cause and scope, and remediation efforts to prevent similar incidents in the future.

Lastly I would recommend that XYZ review their client contracts to ensure that they clearly describe the company's commitments regarding data protection and security measures. This could include GDPR-compliant language on consent forms as well as clauses committing to regularly audit and update processes as necessary. These contractual terms will help protect both XYZ and their clients in the event of a privacy breach.

In conclusion, implementing these steps will help XYZ establish an effective privacy program that meets all applicable legal requirements, protects their clients' data, and provides them with a competitive edge in the market. Additionally, it will ensure that they remain compliant and have appropriate measures in place to address any potential issues. By taking these proactive measures now, XYZ can ensure that they continue to successfully operate in both the EU and US markets while protecting the privacy of its customers.