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The CIPP/E certification program was developed by the International Association of Privacy Professionals (IAPP), the largest privacy association in the world. The IAPP is a not-for-profit organization that promotes and advances the privacy profession globally. The IAPP CIPP/E certification program provides an essential and comprehensive understanding of the EU's data protection laws, and it is recognized as the gold standard certification for privacy professionals in Europe.
IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q52-Q57):
NEW QUESTION # 52
As per the GDPR, which legal basis would be the most appropriate for an online shop that wishes to process personal data for the purpose of fraud prevention?
- A. Consent
- B. Legitimate interest
- C. Protection of the interests of the data subjects.
- D. Performance of a contact
Answer: B
Explanation:
According to the GDPR, legitimate interest is one of the possible legal bases for processing personal data, which means that the data controller has a valid reason to process the data that is not overridden by the interests or rights of the data subject1. The GDPR specifically mentions fraud prevention as a potential legitimate interest of the data controller, as it serves both the interests of the online shop and the data subjects who may be victims of fraud1. However, the data controller must conduct a balancing test to ensure that the legitimate interest is not outweighed by the potential harm or intrusion to the data subject's privacy1. The data controller must also provide clear and transparent information to the data subject about the processing of their data for fraud prevention purposes, and respect their right to object to such processing1.
The other options are incorrect because:
* A. Protection of the interests of the data subjects is not a legal basis for processing personal data, but rather a condition for processing special categories of personal data under Article 9 of the GDPR2.
Moreover, fraud prevention does not necessarily protect the interests of the data subjects, but rather the interests of the online shop and the general public.
* B. Performance of a contract is a legal basis for processing personal data that is necessary for the execution or fulfilment of a contract between the data controller and the data subject2. However, fraud prevention is not strictly necessary for the performance of a contract, as it is not directly related to the delivery of goods or services that the data subject has purchased from the online shop.
* D. Consent is a legal basis for processing personal data that requires the data subject to give their informed, specific, and freely given agreement to the processing of their data for one or more purposes2. However, consent is not the most appropriate legal basis for fraud prevention, as it may not be freely given by the data subject, who may feel pressured to agree to the processing of their data in order to complete their purchase. Moreover, consent may not be reliable or effective for fraud prevention, as it can be withdrawn by the data subject at any time, or may be given by a fraudster who is not the legitimate owner of the data.
References: 2 Article 6 and 9 of the GDPR1 Legitimate interests | ICO1.
NEW QUESTION # 53
An organization conducts body temperature checks as a part of COVID-19 monitoring. Body temperature is measured manually and is not followed by registration, documentation or other processing of an individual's personal data.
Which of the following best explain why this practice would NOT be subject to the GDPR?
- A. Body temperature is considered pseudonymous data.
- B. The practice is for the purpose of alleviating extreme risks to public health.
- C. Body temperature is not considered personal data.
- D. The practice does not involve completion by automated means.
Answer: D
Explanation:
According to the GDPR, personal data means any information relating to an identified or identifiable natural person1. Body temperature is a type of personal data that can reveal information about an individual's health and therefore constitutes special category data under Article 9 of the GDPR2. However, not every activity involving personal data falls within the scope of the GDPR. The GDPR applies only to the processing of personal data wholly or partly by automated means or to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system3.
In this scenario, the organization conducts body temperature checks as a part of COVID-19 monitoring. Body temperature is measured manually and is not followed by registration, documentation or other processing of an individual's personal data. This means that the organization does not use any automated means to collect, store, or process the body temperature data, nor does it create or intend to create a filing system that contains such data. Therefore, this practice does not involve any processing of personal data within the meaning of the GDPR and is not subject to its rules and obligations.
The other options are incorrect because:
* A. Body temperature is considered personal data, as it can be linked to an identifiable natural person and reveal information about their health2.
* C. Body temperature is not considered pseudonymous data, as it is not processed in a way that the data can no longer be attributed to a specific data subject without the use of additional information4.
* D. The practice is not for the purpose of alleviating extreme risks to public health, as it is not based on any legal obligation, public interest, or vital interest that would justify the processing of special category data under Article 9 of the GDPR5.
References: 1 Article 4(1) of the GDPR2 Policy Brief: Location Data Under Existing Privacy Laws | FPF23 Article 2(1) of the GDPR4 Article 4(5) of the GDPR5 Article 9(2) of the GDPR.
NEW QUESTION # 54
The GDPR's list of processor obligations regarding cloud computing includes all of the following EXCEPT?
- A. Processors must implement technical and organizational measures to ensure a level of security appropriate to the risk.
- B. Individuals authorized to process the personal data are subject to an obligation of confidentiality.
- C. Controllers must be given notice of any subprocessors and have a right of objection.
- D. Any personal data related to data subjects must be securely maintained for a maximum of ten years.
Answer: D
Explanation:
The General Data Protection Regulation (GDPR) introduces several obligations for processors who process personal data on behalf of controllers. These obligations apply to any processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not. The GDPR also applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU.
The GDPR's list of processor obligations regarding cloud computing includes all of the following:
Controllers must be given notice of any subprocessors and have a right of objection. According to Article 28 of the GDPR, a processor shall not engage another processor without prior specific or general written authorisation of the controller. In the case of general written authorisation, the processor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes.
Individuals authorized to process the personal data are subject to an obligation of confidentiality. According to Article 28 of the GDPR, the processor shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
Processors must implement technical and organizational measures to ensure a level of security appropriate to the risk. According to Article 32 of the GDPR, the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.
The GDPR's list of processor obligations regarding cloud computing does not include the following:
Any personal data related to data subjects must be securely maintained for a maximum of ten years. The GDPR does not specify a precise time limit for the storage of personal data, but leaves it to the controller to determine the appropriate retention period, taking into account the nature, scope, context and purposes of the processing, as well as the risks for the rights and freedoms of data subjects. The GDPR also allows for the further storage of personal data for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to appropriate safeguards. Therefore, the processor must follow the instructions of the controller regarding the storage duration of the personal data, and delete or return the personal data to the controller after the end of the provision of services relating to the processing, unless required to store the personal data by Union or Member State law.
References:
GDPR, Articles 3, 4, 28, 29, 32, 51, 55, 56, 57, 58, 60, 61, 62, 63, 64, 65, 66, 67, and 68.
EDPB Guidelines 07/2020 on the concepts of controller and processor in the GDPR, pages 19, 20, 21, 22, 23,
24, 25, 26, 27, and 28.
Cloud Computing and GDPR: what you need to know | Combell, paragraphs 1, 2, 3, 4, 5, 6, 7, and 8.
GDPR Processor Obligations - Taylor Wessing, paragraphs 1, 2, 3, 4, 5, 6, 7, and 8.
NEW QUESTION # 55
Which aspect of the GDPR will likely have the most impact on the consistent implementation of data protection laws throughout the European Union?
- A. That it takes the form of a Regulation as opposed to a Directive
- B. That it makes notification of large-scale data breaches mandatory
- C. That it essentially functions as a one-stop shop mechanism
- D. That it makes appointment of a data protection officer mandatory
Answer: A
Explanation:
One of the main differences between a Regulation and a Directive in the EU law is that a Regulation is directly applicable and binding in all EU member states, without the need for national implementing measures, while a Directive sets out the objectives and principles that the member states must achieve, but leaves them the choice of form and methods to transpose it into their national laws. Therefore, by taking the form of a Regulation, the GDPR aims to harmonize and unify the data protection rules across the EU, and to ensure a consistent implementation and enforcement of the data protection laws throughout the EU. The other aspects of the GDPR listed in the question, such as the one-stop shop mechanism, the mandatory notification of large-scale data breaches, and the mandatory appointment of a data protection officer, are also important features of the GDPR, but they do not have the same impact on the consistency of the data protection laws as the form of a Regulation.
References: Difference between A Regulation And Directive (European Law)1; EUR-Lex - 310401_2 - EN - EUR-Lex2; EU GDPR vs. European Data Protection Directive 95/46/EC - Advisera3; Difference between GDPR and Data Protection Directive - Profolus
NEW QUESTION # 56
Which sentence best describes proper compliance for an international organization using Binding Corporate Rules (BCRs) as a controller or processor?
- A. All employees must follow the privacy regulations of the jurisdictions where the current scope of their work is established.
- B. Employees must sign an ad hoc contractual agreement each time personal data is exported.
- C. Employees who control personal data must complete a rigorous certification procedure, as they are exempt from legal enforcement.
- D. All employees are subject to the rules in their entirety, regardless of where the work is taking place.
Answer: D
Explanation:
According to Article 47(2)(a) of the GDPR, binding corporate rules (BCRs) must be legally binding and apply to and be enforced by every member concerned of the group of undertakings, or group of enterprises engaged in a joint economic activity, including their employees1. This means that all employees within the group must comply with the BCRs, irrespective of their location or the jurisdiction where they operate. The other options are incorrect, as they do not reflect the requirements of the GDPR or the guidance of the European Data Protection Board (EDPB) on BCRs23. References:
* GDPR Article 47(2)(a)
* EDPB Guidelines 3/2018 on the territorial scope of the GDPR
* EDPB Guidelines 2/2018 on derogations of Article 49 under Regulation 2016/679
NEW QUESTION # 57
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