RES exam question on Marketing & Advertising: A salesperson wants to email past clients about his new listings, using contact details…
A salesperson wants to email past clients about his new listings, using contact details his agency collected from them in 2012 when they bought homes through it. Which is/are correct? (i) Personal data collected before 2 Jul 2014 may still be used for the purposes it was collected for, unless the client withdraws consent (ii) If marketing new listings was not a purpose the data was collected for, he needs the client's consent to use it that way (iii) Once a client has consented, he cannot later withdraw that consent (iv) Data collected before the PDPA took effect falls outside the PDPA entirely
- A(i) and (ii) only
- B(i), (ii) and (iv) only
- C(ii) and (iii) only
- D(iii) and (iv) only
Show answer & explanation
Answer
A. (i) and (ii) only
Explanation
The PDPA's data protection provisions took effect on 2 Jul 2014 (PDPC). A new purpose, such as marketing new listings to past buyers, needs consent for that purpose unless an exception applies, so (ii) is correct.
Why the other options are wrong
- Section 19 of the Personal Data Protection Act 2012 lets an organisation keep using personal data collected before that date for the purposes it was collected for, unless the individual withdraws consent, so (i) is correct and (iv) is wrong.
- Under s 16 an individual may withdraw consent on reasonable notice, and the organisation must then stop using the data for that purpose, so (iii) is the trap.
Study the concept behind this question: Property Marketing: Listings & Advertising Rules (Singapore)
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