DCPLA Dumps with Practice Exam Questions Answers

According to the DSCI Assessment Framework for Privacy (DAF-P©), risk-based prioritization is essential in planning privacy assessments. Organizations are advised to consider parameters such as the degree of harm from a potential privacy breach, the involvement of processes that handle sensitive personal data (e.g., PHI or biometrics), technology solutions that may affect privacy, and the extent of third-party involvement. These help determine the areas with high privacy risks needing immediate attention.

C (business-related IP) is typically an information security concern, not a privacy concern unless it involves personal data.

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The Information Technology (Amendment) Act, 2008 introduced critical provisions for data protection:

Section 43A: Mandates compensation for failure to protect personal data by a body corporate handling sensitive personal data or information (SPDI).

Section 72A: Imposes penalties for disclosure of information in breach of lawful contracts.

These two sections form the legal basis for protection of personal data under the IT Act in India.

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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.

The term “Opt-out” refers to a consent model in which individuals are automatically included in a data processing activity or program unless they explicitly indicate their desire not to participate.

Under the DSCI Privacy Framework, “Opt-out” is contrasted with “Opt-in,” where explicit affirmative consent is required before processing.

Opt-out is often implemented through mechanisms like pre-checked boxes or default settings, which the user can change. This is particularly common in direct marketing scenarios or cookies for analytics. The DAF-P© considers whether such consent mechanisms align with fairness and transparency principles.

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Section 43A of the Information Technology (Amendment) Act, 2008 does not prescribe a cap on the compensation amount. Instead, it states that if a body corporate fails to implement and maintain reasonable security practices and causes wrongful loss or gain, it shall be liable to pay damages by way of compensation. The compensation is determined based on the extent of harm or damage caused, and no maximum limit is specified in the provision.

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