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POPIA Data Protection Record Keeping

POPIA says personal information should be kept only for as long as necessary for the purpose it was collected. Which of the following is a valid exception that allows longer retention?

RE5 practice question with a worked answer. This is one of hundreds of FSCA RE5 questions in the RegulatoryExams question bank.

  1. a) Retention is required or authorised by another law, such as the five-year FAIS record-keeping rule.Correct
  2. b) The FSP would like to keep the data in case it is useful for future marketing.
  3. c) The client has simply forgotten that the FSP holds the data.
  4. d) The FSP regards the data as commercially valuable.

Why this is the answer

POPIA's retention condition yields to other legislation: because FAIS requires records to be kept for five years, that lawful obligation justifies continued retention. A wish to market later, the client's forgetfulness, or the data's commercial value are not lawful bases for keeping it longer.

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