Question 1

Indian constitution does not expressly provide for the “right to privacy” to its citizens. However, there were various judicial pronouncements of the apex court which finally established the “right to privacy” as a fundamental right subsumed under Article 21 of the constitution of India. Article 21 inter alia provides and protects the __________________.

Options :

A : Right to Life and Personal liberty

B : Right to Opportunity

C : Right to Freedom of Speech and Expression

D : Right to Equality before law

Answer: A

Question 2

Under which of the following conditions can a company in India may transfer sensitive personal information (SPI) to any other company or a person in India, or located in any other country?

Options :

A : Transfer of information is allowed to those who ensure the same level of data protection that is adhered to by the company as provided for under the Indian laws

B : The transfer of information is allowed only after taking approval of Chief Information Commissioner of India

C : The transfer of information is allowed only after taking approval of DeitY (Department of Electronics & Information Technology) in India

D : The transfer may be allowed only if it is necessary for the performance of the lawful contract or where the data subject has consented to data transfer

Answer: A

Question 3

Which US Federal Law lays the framework for provision of data stored on servers outside US territory?

Options :

A : Clarifying Lawful Overseas Use of Data Act, 2018

B : Compelling Lawful Overseas Use of Data Act, 2018

C : Overseas Lawful Data Corporation Act, 2018

D : Remote Lawful Overseas Use of Data Act, 2016

Answer: A

Question 4

A multinational company with operations in several parts within EU and outside EU, involves internationaldata transfer of both its employees and customers. In some of its EU branches, which are relatively larger insize, the organization has a works council. Most of the data transferred is personal, and some of the data thatthe organization collects is sensitive in nature, the processing of some of which is also outsourced to itsbranches in Asian countries.For the outsourced work of its customers’ data processing, in order to initiate data transfer to anotherorganizations outside EU, which is the most appropriate among the following?

Options :

A : The vendor (data importer) in the third country, and not the exporter is responsible to put in place suitable model contractual clauses, and hence the exporter does not need to take any action

B : Since the data is processed by the vendor outside the EU, the EU directive does not apply and hence there are no legal concerns

C : The data exporter needs to initiate model contractual clauses after obtaining approvals from data protection commissioner and have the vendor be a signatory on the same as data importer

D : The data importer need to notify about the transfer to data protection commissioner in the destination country and exporter need to similarly notify in the EU country of origin

Answer: D

Question 5

A growing economy has made it more important now than ever before for India to have comprehensive laws on __________.

Options :

A : Right to Information

B : Dispute resolution

C : Privacy

D : Right to Internet

Answer: C

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