S4 ICT: Data Privacy And Intellectual Property (Paper 4 (error Clinic))

S4 ICT: Data Privacy and Intellectual Property (Paper 4 (error clinic))

2026-11-14

Tutor Prep Guide · the six data protection principles of the Personal Data (Privacy) Ordinance, the forty-day limit for data access requests, consent for direct marketing, copyright for life plus fifty years, a twenty-year standard patent, registered designs up to twenty-five years, ten-year trade mark terms, fair dealing and open source licences

S4 ICT: Data Privacy and Intellectual Property (Paper 4 (error clinic))

Paper 4 (error clinic): ten questions on data privacy and intellectual property, with answers and notes.

Direct answers　Level: S4 ICT; format: the six data protection principles, data access requests, copyright and patent terms, design and trade mark renewal, licensing.

01　Paper details (check answers afterwards)

Item	Detail
Questions	10
Suggested time	20
Difficulty mix	Foundation 3 · Intermediate 3 · Challenge 3 · Error redo 1
Chapter	Chapter: S4 ICT: Data Privacy and Intellectual Property
Level	S4

02　Questions (10 items)

FoundationError clinic: a student says a computer holding only names is not storing personal data. What is correct?
FoundationError clinic: a student says copyright must be registered with the government. What is correct?
FoundationError clinic: a student says patents and trade marks protect the same thing. What is correct?
IntermediateError clinic: a student says publishing data publicly waives copyright. What is correct?
IntermediateError clinic: a student says a teacher photocopying a textbook for students is always exempt. What is correct?
IntermediateError clinic: a student says a published privacy policy makes a website compliant. What is correct?
ChallengeError clinic: a student answers 60 days for a data access request. What is the correct figure?
ChallengeError clinic: a student gives life plus 70 years for Hong Kong copyright. What is correct?
ChallengeError clinic: a student gives 20 years as the maximum for a registered design. What is correct?
Error redoError clinic: a student says an employee taking the client list is merely unethical, not unlawful. What is correct?

03　Answers and one-line notes

#	Answer	One-line note
1	Wrong: any record that identifies a living individual, directly or indirectly, is personal data	A name together with a class, phone number or student number already identifies someone; whether it sits on a computer makes no difference.
2	Wrong: copyright arises automatically when the work is created; no registration is needed	Unlike trade marks and patents there is no copyright register; ownership is proved by drafts, timestamps or contracts.
3	Wrong: a patent protects an invention, while a trade mark protects the sign that distinguishes a source	One product may hold a patent on its mechanism, a trade mark on its brand and a registered design on its shape; the rights coexist.
4	Wrong: public display does not transfer copyright unless there is an explicit licence	Posting a photo online only invites viewing, not downloading, adaptation or commercial reuse; a licence needs clear terms.
5	Wrong: it must fall within fair dealing, weighing purpose, proportion and market effect	Research or private study can be fair dealing, but copying a whole book in place of purchase usually is not; schools should check the licensing scheme.
6	Wrong: a policy only meets the openness principle; actual collection and use must satisfy the other five	A policy plus misuse of data still breaches DPP1 and DPP3; compliance is judged by real workflows, access rights and retention.
7	40 days	The Ordinance states 40 days; missing it is a breach that can be taken to the Privacy Commissioner.
8	50 years	Hong Kong uses life plus 50 years; 70 years applies in some other jurisdictions, so the two must not be mixed up.
9	25 years	A design runs in 5-year terms, renewable 5 times, giving 25 years; 20 years is the patent term.
10	Wrong: a client list can be protected by copyright and confidence, so taking and using it can lead to civil claims	The selection and arrangement of a list can be a copyright work, and post-employment use can also breach confidentiality clauses.

04　What to do after marking

After marking, redo only the wrong items and write down which step went wrong (formula, unit, or misread number).
Repeat the same item two days later; move to the next paper only when both attempts are correct.
Parents only need the answer and note columns; there is no need to explain every item.

First ask whether the data can identify a living individual, then walk the six principles from collection to deletion; for intellectual property always give both the term and its starting point, filing date for patents and year of death for copyright.Tutor Registration →

Questions and answers are written originally by the TutorZone team and are not taken from any school, publisher or examination authority paper. Every value is checked by computer.