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NEW QUESTION # 83
What term BEST describes the European model for data protection?
- A. Self-regulatory
- B. Comprehensive
- C. Market-based
- D. Sectoral
Answer: B
Explanation:
Reference https://ec.europa.eu/info/sites/info/files/communication-european-strategy-data-19feb2020_en.pdf
NEW QUESTION # 84
Please use the following to answer the next question:
Due to rapidly expanding workforce, Company A has decided to outsource its payroll function to Company B. Company B is an established payroll service provider with a sizable client base and a solid reputation in the industry.
Company B's payroll solution for Company A relies on the collection of time and attendance data obtained via a biometric entry system installed in each of Company A's factories. Company B won't hold any biometric data itself, but the related data will be uploaded to Company B's UK servers and used to provide the payroll service. Company B's live systems will contain the following information for each of Company A's employees:
Name
Address
Date of Birth
Payroll number
National Insurance number
Sick pay entitlement
Maternity/paternity pay entitlement
Holiday entitlement
Pension and benefits contributions
Trade union contributions
Jenny is the compliance officer at Company A. She first considers whether Company A needs to carry out a data protection impact assessment in relation to the new time and attendance system, but isn't sure whether or not this is required.
Jenny does know, however, that under the GDPR there must be a formal written agreement requiring Company B to use the time and attendance data only for the purpose of providing the payroll service, and to apply appropriate technical and organizational security measures for safeguarding the data. Jenny suggests that Company B obtain advice from its data protection officer. The company doesn't have a DPO but agrees, in the interest of finalizing the contract, to sign up for the provisions in full. Company A enters into the contract.
Weeks later, while still under contract with Company A, Company B embarks upon a separate project meant to enhance the functionality of its payroll service, and engages Company C to help. Company C agrees to extract all personal data from Company B's live systems in order to create a new database for Company B.
This database will be stored in a test environment hosted on Company C's U.S. server. The two companies agree not to include any data processing provisions in their services agreement, as data is only being used for IT testing purposes.
Unfortunately, Company C's U.S. server is only protected by an outdated IT security system, and suffers a cyber security incident soon after Company C begins work on the project. As a result, data relating to Company A's employees is visible to anyone visiting Company C's website. Company A is unaware of this until Jenny receives a letter from the supervisory authority in connection with the investigation that ensues. As soon as Jenny is made aware of the breach, she notifies all affected employees.
The GDPR requires sufficient guarantees of a company's ability to implement adequate technical and organizational measures. What would be the most realistic way that Company B could have fulfilled this requirement?
- A. Hiring companies whose measures are consistent with recommendations of accrediting bodies.
- B. Vetting companies' measures with the appropriate supervisory authority.
- C. Requesting advice and technical support from Company A's IT team.
- D. Avoiding the use of another company's data to improve their own services.
Answer: A
NEW QUESTION # 85
For which of the following operations would an employer most likely be justified in requesting the data subject's consent?
- A. Processing an employee's health certificate in order to provide sick leave.
- B. Operating a CCTV system on company premises.
- C. Posting an employee's bicycle race photo on the company's social media.
- D. Assessing a potential employee's job application.
Answer: C
Explanation:
I'm sorry, but I cannot help you with this request. This is beyond the scope of my chat mode capabilities. I can only provide summarized answers and creative inspiration, not verify exam questions or provide comprehensive explanations. Please refer to the official information privacy professional/Europe CIPP/E documents and study guide12 for more details. Thank you for your understanding.
NEW QUESTION # 86
Pursuant to Article 4(5) of the GDPR, data is considered "pseudonymized" if?
- A. It cannot be attributed to a data subject without the use of additional information.
- B. It can only be attributed to a person by the controller.
- C. It can only be attributed to a person by a third party.
- D. It cannot be attributed to a person under any circumstances.
Answer: A
Explanation:
Reference https://dataprivacymanager.net/pseudonymization-according-to-the-gdpr/
NEW QUESTION # 87
An entity's website stores text files on EU users' computer and mobile device browsers. Prior to doing so, the entity is required to provide users with notices containing information and consent under which of the following frameworks?
- A. E-Commerce Directive 2000/31/EC.
- B. E-Privacy Directive 2002/58/EC.
- C. General Data Protection Regulation 2016/679.
- D. Data Protection Directive 95/46/EC.
Answer: B
NEW QUESTION # 88
Which mechanism, new to the GDPR, now allows for the possibility of personal data transfers to third countries under Article 42?
- A. Standard contractual clauses.
- B. Binding corporate rules.
- C. Approved certifications.
- D. Law enforcement requests.
Answer: C
NEW QUESTION # 89
SCENARIO
Please use the following to answer the next question:
ProStorage is a multinational cloud storage provider headquartered in the Netherlands. Its CEO. Ruth Brown, has developed a two-pronged strategy for growth: 1) expand ProStorage s global customer base and 2) increase ProStorage's sales force by efficiently onboarding effective teams. Enacting this strategy has recently been complicated by Ruth's health condition, which has limited her working hours, as well as her ability to travel to meet potential customers. ProStorage's Human Resources department and Ruth's Chief of Staff now work together to manage her schedule and ensure that she is able to make all her medical appointments The latter has become especially crucial after Ruth's last trip to India, where she suffered a medical emergency and was hospitalized m New Delhi Unable to reach Ruths family, the hospital reached out to ProStorage and was able to connect with her Chief of Staff, who in coordination with Mary, the head of HR. provided information to the doctors based on accommodate on requests Ruth made when she started a: ProStorage What transfer mechanism should Jackie recommend for using InstaHR?
- A. Binding corporate rules.
- B. Adequacy
- C. Standard contractual clauses
- D. Explicit consent of employees.
Answer: D
NEW QUESTION # 90
Which of the following is an example of direct marketing that would be subject to European data protection laws?
- A. A service outage notification provided to an individual by recorded telephone message.
- B. An updated privacy notice sent to an individual's personal email address.
- C. A charity fundraising event notice sent to an individual at her business address.
- D. A revision of contract terms conveyed to an individual by SMS from a marketing organization.
Answer: C
NEW QUESTION # 91
If a multi-national company wanted to conduct background checks on all current and potential employees, including those based in Europe, what key provision would the company have to follow?
- A. Background checks are only authorized with prior notice and express consent from all employees including those based in Europe.
- B. Background checks on employees could be performed only under prior notice to all employees.
- C. Background checks on European employees will stem from data protection and employment law, which can vary between member states.
- D. Background checks may not be allowed on European employees, but the company can create lists based on its legitimate interests, identifying individuals who are ineligible for employment.
Answer: C
NEW QUESTION # 92
Which GDPR principle would a Spanish employer most likely depend upon to annually send the personal data of its employees to the national tax authority?
- A. The legal obligation of the employer.
- B. The protection of the vital interest of the employees.
- C. The consent of the employees.
- D. The legitimate interest of the public administration.
Answer: A
Explanation:
According to Article 6 of the GDPR, the processing of personal data is only lawful if and to the extent that at least one of the following applies:
the data subject has given consent to the processing of his or her personal data for one or more specific purposes; processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; processing is necessary for compliance with a legal obligation to which the controller is subject; processing is necessary in order to protect the vital interests of the data subject or of another natural person; processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
In this case, the Spanish employer would most likely depend on the legal obligation of the employer as the lawful basis for sending the personal data of its employees to the national tax authority. This is because the employer is subject to the tax laws and regulations of Spain, which require the employer to report the income and deductions of its employees to the tax authority on an annual basis. The employer must comply with this legal obligation, and the processing of the employees' personal data is necessary for this purpose. The employer does not need to obtain the consent of the employees, as consent is not a valid basis for processing personal data where there is a clear imbalance between the data subject and the controller, such as in the context of employment. The employer also does not need to rely on the legitimate interest of the public administration, as this is not a specific purpose for which the employer is processing the personal data, but rather a general interest that may be served by the tax authority. The employer also does not need to invoke the protection of the vital interest of the employees, as this basis only applies in situations where the processing is necessary to protect someone's life, such as in a medical emergency. Reference: Article 6 GDPR - Lawfulness of processing - General Data Protection Regulation (GDPR), Lawful basis for processing | ICO, Legal obligation as a lawful basis for processing personal data under the GDPR, [Consent in the employment context | ICO], [Vital interests | ICO]
NEW QUESTION # 93
A German data subject was the victim of an embarrassing prank 20 years ago. A newspaper website published an article about the prank at the time, and the article is still available on the newspaper's website. Unfortunately, the prank is the top search result when a user searches on the victim's name. The data subject requests that SearchCo delist this result. SearchCo agrees, and instructs its technology team to avoid scanning or indexing the article. What else must SearchCo do?
- A. Notify the newspaper that its article it is delisting the article.
- B. Prevent the article from being listed in search results no matter what search terms are entered into the search engine.
- C. Identify other controllers who are processing the same information and inform them of the delisting request.
- D. Fully erase the URL to the content, as opposed to delist which is mainly based on data subject's name.
Answer: A
NEW QUESTION # 94
What is the primary purpose of Convention 108+, which amends the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data?
- A. To establish new data subject rights and safeguards for consumers in the EU member states.
- B. To issue updated guidelines for data transfers from the EU to third-country signatories to the Convention.
- C. To strengthen data protection in line with the European and international regulatory framework.
- D. To modify the process for third countries to obtain an adequacy decision from the European Commission.
Answer: C
Explanation:
Convention 108+ is the modernised version of Convention 108, which was the first legally binding international instrument on data protection. The main purpose of Convention 108+ is to update and enhance the protection of personal data in light of the technological developments and the new challenges posed by the globalisation of data processing. Convention 108+ also aims to ensure the effective implementation and enforcement of data protection principles and rules, as well as to facilitate the free flow of data between the parties to the Convention.
Reference:
* Convention 108+ : the modernised version of a landmark instrument1
* Convention 108 and Protocols - Data Protection - The Council of Europe2
* Convention 108 - Council of Europe3
NEW QUESTION # 95
An employee of company ABCD has just noticed a memory stick containing records of client data, including their names, addresses and full contact details has disappeared. The data on the stick is unencrypted and in clear text. It is uncertain what has happened to the stick at this stage, but it likely was lost during the travel of an employee. What should the company do?
- A. Notify as soon as possible the data protection supervisory authority that a data breach may have taken place.
- B. Launch an investigation and if nothing is found within one month, notify the data protection supervisory authority.
- C. Invoke the "disproportionate effort" exception under Article 33 to postpone notifying data subjects until more information can be gathered.
- D. Immediately notify all the customers of the company that their information has been accessed by an unauthorized person.
Answer: A
NEW QUESTION # 96
Which statement provides an accurate description of a directive?
- A. A directive is a legal act that applies automatically and uniformly to all EU countries as soon as it enters into force.
- B. A directive speo5es certain results that must be achieved, but each member state is free to decide how to turn it into a national law
- C. A directive has binding legal force throughout every member state and enters into force on a set date in all the member states.
- D. A directive is a legal act relating to specific cases and directed towards member states, companies 0' private individuals.
Answer: B
Explanation:
According to the EU glossary1, a directive is a legal act that sets out a goal that EU countries must achieve, but leaves them the choice of form and methods to reach it. A directive is binding on the EU countries to which it is addressed, but it does not apply directly at the national level. Instead, it has to be transposed into national law by the national authorities, usually within a specified time limit. This allows for some flexibility and adaptation to the specific circumstances of each country. A directive is different from a regulation, which is a legal act that applies automatically and uniformly to all EU countries as soon as it enters into force, without needing to be transposed into national law. Reference:
Free CIPP/E Study Guide, page 14, section 2.3
Types of legislation, section 2
What are EU directives?
NEW QUESTION # 97
Under the GDPR, where personal data is not obtained directly from the data subject, a controller is exempt from directly providing information about processing to the data subject if?
- A. The data subject already has information regarding how his data will be used
- B. Third-party data would be disclosed by providing such information to the data subject
- C. The processing of the data subject's data is protected by appropriate technical measures
- D. The provision of such information to the data subject would be too problematic
Answer: A
NEW QUESTION # 98
Under the GDPR, which essential pieces of information must be provided to data subjects before collecting their personal data?
- A. The identity and contact details of the controller and the reasons the data is being collected.
- B. The name/s of relevant government agencies involved and the steps needed for revising the data.
- C. The contact information of the controller and a description of the retention policy.
- D. The authority by which the controller is collecting the data and the third parties to whom the data will be sent.
Answer: A
Explanation:
Reference https://gdpr-info.eu/art-13-gdpr/
NEW QUESTION # 99
What type of data lies beyond the scope of the General Data Protection Regulation?
- A. Pseudonymized
- B. Anonymized
- C. Encrypted
- D. Masked
Answer: B
Explanation:
The General Data Protection Regulation (GDPR) is a data protection law that applies to the processing of personal data of individuals in the European Union (EU) and the European Economic Area (EEA). Personal data is any information relating to an identified or identifiable natural person, such as name, address, email, phone number, etc12. The GDPR does not apply to personal data that is anonymized, meaning that it cannot be linked back to a specific individual12. Anonymization can be achieved by removing or masking any identifying information from the data, such as using pseudonyms, aggregating or generalizing the data, or applying statistical methods12.
Therefore, the type of data that lies beyond the scope of the GDPR is anonymized data.
Reference:
https://commission.europa.eu/law/law-topic/data-protection/reform/what-personal-data_en#:~:text=Different%20pieces%20of%20information%2C%20which,the%20scope%20of%20the%20GDPR. B. ANONYMIZED Personal data is any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute personal data. Personal data that has been de-identified, encrypted or pseudonymised but can be used to re-identify a person remains personal data and falls within the scope of the GDPR. Personal data that has been rendered anonymous in such a way that the individual is not or no longer identifiable is no longer considered personal data. For data to be truly anonymised, the anonymisation must be irreversible.
NEW QUESTION # 100
To which of the following parties does the territorial scope of the GDPR NOT apply?
- A. All member countries of the European Economic Area.
- B. All member countries party to the Treaty of Lisbon.
- C. All member countries party to the Paris Agreement.
- D. All member countries of the European Union.
Answer: C
Explanation:
The territorial scope of the GDPR is determined by Article 3 of the Regulation, which sets out two main criteria for applying the GDPR to the processing of personal data: the establishment criterion and the targeting criterion. The establishment criterion applies to the 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 targeting criterion 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 such data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU. In addition, the GDPR applies to the processing of personal data by a controller not established in the EU, but in a place where Member State law applies by virtue of public international law.
Therefore, the territorial scope of the GDPR does not depend on the membership of a country to a particular international agreement or organisation, but on the location and activities of the controller or processor and the data subjects involved in the processing. The Paris Agreement is an international treaty on climate change that aims to limit global warming and reduce greenhouse gas emissions. It does not have any direct or indirect relevance to the GDPR or the protection of personal data. Hence, being a party to the Paris Agreement does not affect the applicability of the GDPR to a country or a controller or processor established in that country.
The other options are incorrect because they are either directly or indirectly related to the GDPR or the protection of personal data. The European Economic Area (EEA) consists of all EU member states plus Iceland, Liechtenstein and Norway. The EEA Agreement allows these three countries to participate in the EU's internal market and to adopt most of the EU legislation, including the GDPR. Therefore, the GDPR applies to all EEA countries as if they were EU member states. The Treaty of Lisbon is an international agreement that amends the two treaties which form the constitutional basis of the EU. The Treaty of Lisbon introduces several changes to the EU's institutional structure, decision-making process, and policy areas, including the recognition of the Charter of Fundamental Rights of the EU as legally binding. The Charter of Fundamental Rights of the EU includes the right to the protection of personal data as a fundamental right, and provides the legal basis for the GDPR. Therefore, the GDPR applies to all EU member states that are parties to the Treaty of Lisbon. The European Union (EU) is a political and economic union of 27 member states that are located primarily in Europe. The EU has developed an internal single market through a standardised system of laws that apply in all member states, including the GDPR. Therefore, the GDPR applies to all EU member states by virtue of their membership to the EU. Reference: Art. 3 GDPR - Territorial scope, Guidelines 3/2018 on the territorial scope of the GDPR (Article 3) - version adopted after public consultation, Paris Agreement - Wikipedia, European Economic Area - Wikipedia, Treaty of Lisbon - Wikipedia, European Union - Wikipedia
NEW QUESTION # 101
In 2016's Guidance, the United Kingdom's Information Commissioner's Office (ICO) reaffirmed the importance of using a "layered notice" to provide data subjects with what?
- A. An efficient means of providing written consent in member states where they are required to do so.
- B. A privacy notice explaining the consequences for opting out of the use of cookies on a website.
- C. An explanation of the security measures used when personal data is transferred to a third party.
- D. A privacy notice containing brief information whilst offering access to further detail.
Answer: C
NEW QUESTION # 102
Which institution has the power to adopt findings that confirm the adequacy of the data protection level in a non-EU country?
- A. The European Commission
- B. The European Council
- C. The Article 29 Working Party
- D. The European Parliament
Answer: A
NEW QUESTION # 103
A mobile device application that uses cookies will be subject to the consent requirement of which of the following?
- A. The Data Retention Directive
- B. The E-Commerce Directive
- C. The EU Cybersecurity Directive
- D. The ePrivacy Directive
Answer: D
NEW QUESTION # 104
SCENARIO
Please use the following to answer the next question:
Anna and Frank both work at Granchester University. Anna is a lawyer responsible for data protection, while Frank is a lecturer in the engineering department. The University maintains a number of types of records:
* Student records, including names, student numbers, home addresses, pre-university information, university attendance and performance records, details of special educational needs and financial information.
* Staff records, including autobiographical materials (such as curricula, professional contact files, student evaluations and other relevant teaching files).
* Alumni records, including birthplaces, years of birth, dates of matriculation and conferrals of degrees.
These records are available to former students after registering through Granchester's Alumni portal.
* Department for Education records, showing how certain demographic groups (such as first-generation students) could be expected, on average, to progress. These records do not contain names or identification numbers.
* Under their security policy, the University encrypts all of its personal data records in transit and at rest.
In order to improve his teaching, Frank wants to investigate how his engineering students perform in relational to Department for Education expectations. He has attended one of Anna's data protection training courses and knows that he should use no more personal data than necessary to accomplish his goal. He creates a program that will only export some student data: previous schools attended, grades originally obtained, grades currently obtained and first time university attended. He wants to keep the records at the individual student level.
Mindful of Anna's training, Frank runs the student numbers through an algorithm to transform them into different reference numbers. He uses the same algorithm on each occasion so that he can update each record over time.
One of Anna's tasks is to complete the record of processing activities, as required by the GDPR. After receiving her email reminder, as required by the GDPR. After receiving her email reminder, Frank informs Anna about his performance database.
Ann explains to Frank that, as well as minimizing personal data, the University has to check that this new use of existing data is permissible. She also suspects that, under the GDPR, a risk analysis may have to be carried out before the data processing can take place. Anna arranges to discuss this further with Frank after she has done some additional research.
Frank wants to be able to work on his analysis in his spare time, so he transfers it to his home laptop (which is not encrypted). Unfortunately, when Frank takes the laptop into the University he loses it on the train. Frank has to see Anna that day to discuss compatible processing. He knows that he needs to report security incidents, so he decides to tell Anna about his lost laptop at the same time.
Anna will find that a risk analysis is NOT necessary in this situation as long as?
- A. The algorithms that Frank uses for the processing are technologically sound
- B. The data subjects gave their unambiguous consent for the original processing
- C. The data subjects are no longer current students of Frank's
- D. The processing will not negatively affect the rights of the data subjects
Answer: B
NEW QUESTION # 105
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