Flashcards Studio

Scenario: PixelWave, a private technology firm, hires a private clinic to perform a pre-employment medical screening of applicant Li Mendez. Li signs explicit consent authorizing background checks that include medical information and sharing the screening results with PixelWave solely for evaluating the job application. The clinic transmits the medical results to PixelWave, which uses the data to decide whether to hire Li. Separately, PixelWave operates WellnessPulse, an analytics platform that processes Li’s health data, age, and biometric data from a smartwatch to rank candidates for promotions and to tailor wellness benefits for employees. Li objects, arguing that the health data constitute Sensitive Personal Information and that the analytics processing goes beyond the original consent and is unlawful. (a) Identify whether the data described are Personal Information or Sensitive Personal Information under the Data Privacy Act, and state the controlling rule. (b) Based on the facts, assess the lawfulness of the processing for recruitment and the additional processing through the analytics platform, addressing the role of consent and any limits on processing of sensitive personal information.