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POPIA Data Protection Record Keeping
Under POPIA, personal information may only be retained for as long as necessary to achieve the purpose for which it was collected. Which ONE of the following is an exception to this rule?
RE5 practice question with a worked answer. This is one of hundreds of FSCA RE5 questions in the RegulatoryExams question bank.
- a) Retention is required by another law (e.g., the 5-year FAIS rule).Correct
- b) The FSP wishes to use the data for future marketing.
- c) The client has forgotten about the data.
- d) The data is very valuable to the FSP.
Why this is the answer
POPIA's retention rule (Condition 7) is subject to other legislation. Although POPIA says 'destroy when no longer needed', the FAIS Act (Sec 18) *requires* records to be kept for 5 years. This legal obligation overrides the general POPIA rule, allowing the FSP to retain the data for the 5-year period.
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