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NEW QUESTION # 85
When would a data subject NOT be able to exercise the right to portability?
- A. When the processing is necessary to perform a task in the exercise of authority vested in the controller.
- B. When the processing is carried out pursuant to a contract with the data subject.
- C. When the data was supplied to the controller by the data subject.
- D. When the processing is based on consent.
Answer: A
Explanation:
Reference https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection- regulation-gdpr/individual-rights/right-to-data-portability/
NEW QUESTION # 86
A U.S. company's website sells widgets. Which of the following factors would NOT in itself subject the company to the GDPR?
- A. The widgets are offered in EU and priced in euro.
- B. An affiliate office is located in France but the processing is in the U.S.
- C. The website is in English and French, and is accessible in France.
- D. The website places cookies to monitor the EU website user behavior.
Answer: C
Explanation:
ccording to the GDPR, the regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not1. The GDPR also applies to the processing of personal data of data subjects who are in the Union by a controller or processor not established in the Union, where the processing activities are related to: (a) the offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union; or (b) the monitoring of their behaviour as far as their behaviour takes place within the Union1.
In this scenario, a U.S. company's website sells widgets to customers in the EU and places cookies to monitor their behavior. These factors would subject the company to the GDPR, as they indicate that the company is offering goods or services and monitoring the behavior of data subjects in the Union2. However, the fact that the website is in English and French, and is accessible in France, would not in itself subject the company to the GDPR, as these factors do not necessarily imply an intention to target customers in the Union3. The language and accessibility of the website are not sufficient to establish a relevant and sufficient degree of stability and continuity of the company's activities in the Union3. Therefore, the correct answer is B.
Reference:
Art. 3 GDPR - Territorial scope
Guidelines 3/2018 on the territorial scope of the GDPR (Article 3)
What does territorial scope mean under the GDPR?
I hope this helps you understand the GDPR and territorial scope better. If you have any other questions, please feel free to ask me.
NEW QUESTION # 87
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 contact information of the controller and a description of the retention policy.
- C. The authority by which the controller is collecting the data and the third parties to whom the data will be sent.
- D. The name/s of relevant government agencies involved and the steps needed for revising the data.
Answer: A
Explanation:
The GDPR requires that data subjects are provided with certain information when their personal data are collected, either from the data subject themselves or from another source12. This information includes, among other things, the identity and contact details of the controller (and, where applicable, of the controller's representative and the data protection officer), and the purposes of the processing for which the personal data are intended as well as the legal basis for the processing34. This information is necessary to ensure fair and transparent processing of personal data, and to enable data subjects to exercise their rights under the GDPR5. Therefore, option C is the correct answer, as it contains two of the essential pieces of information that must be provided to data subjects before collecting their personal data. Options A, B and D are incorrect, as they do not include all the required information or include information that is not mandatory. Reference: 1: Article 13 of the GDPR 2: Article 14 of the GDPR 3: Article 13(1)(a) and of the GDPR 4: Article 14(1)(a) and of the GDPR 5: Recital 60 of the GDPR
NEW QUESTION # 88
According to the E-Commerce Directive 2000/31/EC, where is the place of "establishment" for a company providing services via an Internet website confirmed by the GDPR?
- A. Where the customer's Internet service provider is located
- B. Where the decisions about processing are made
- C. Where the website is accessed
- D. Where the technology supporting the website is located
Answer: B
Explanation:
According to the E-Commerce Directive 2000/31/EC, the place of establishment for a company providing services via an Internet website is the place where the service provider effectively pursues an economic activity through a fixed establishment for an indefinite period of time. The presence and use of the technical means and technologies required to provide the service do not, in themselves, constitute an establishment of the provider. The place of establishment is determined by the place where the decisions about processing are made, not by the place where the technology supporting the website is located, where the website is accessed, or where the customer's Internet service provider is located. This is confirmed by the GDPR, which 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. Reference:
E-Commerce Directive 2000/31/EC, Article 2(a), Recital 191
GDPR, Article 3(1)2
NEW QUESTION # 89
In which of the following cases would an organization MOST LIKELY be required to follow both ePrivacy and data protection rules?
- A. When calling a potential customer to notify her of an upcoming product sale.
- B. When creating an untargeted pop-up ad on a website.
- C. When emailing a customer to announce that his recent order should arrive earlier than expected.
- D. When paying a search engine company to give prominence to certain products and services within specific search results.
Answer: C
Explanation:
Reference https://www.privacytrust.com/guidance/gdpr-vs-eprivacy-regulation.html
NEW QUESTION # 90
Which judicial body makes decisions on actions taken by individuals wishing to enforce their rights under EU law?
- A. European Court of Human Rights
- B. Court of Auditors
- C. Court of Justice of European Union
- D. European Data Protection Board
Answer: C
NEW QUESTION # 91
If a company is planning to use closed-circuit television (CCTV) on its premises and is concerned with GDPR compliance, it should first do all of the following EXCEPT?
- A. Create an information retention policy for those who operate the system.
- B. Notify the appropriate data protection authority.
- C. Perform a data protection impact assessment (DPIA).
- D. Ensure that safeguards are in place to prevent unauthorized access to the footage.
Answer: B
Explanation:
Under the GDPR, using CCTV on business premises involves the processing of personal data, which requires compliance with the data protection principles and obligations. However, notifying the appropriate data protection authority (DPA) is not one of the steps that a company should take before using CCTV, unless the DPA has specifically requested it or the CCTV involves high-risk processing that requires prior consultation. The other steps are necessary to ensure GDPR compliance, as explained below:
Performing a data protection impact assessment (DPIA) is a mandatory requirement for any type of processing that is likely to result in a high risk to the rights and freedoms of individuals, such as large-scale or systematic monitoring of public areas. A DPIA is a process that helps identify and mitigate the potential privacy risks of using CCTV, and document the measures taken to address them. A DPIA should include a description of the processing, its purpose and necessity, its risks and benefits, the safeguards and security measures, and the consultation with stakeholders. A DPIA should be carried out before the CCTV system is installed or upgraded, and reviewed regularly or whenever there is a significant change in the processing.
Creating an information retention policy for those who operate the system is a good practice to ensure that the personal data collected by CCTV is not kept longer than necessary for the purpose for which it was collected, and that it is securely deleted or anonymised when no longer needed. The retention period should be determined by the specific purpose and context of using CCTV, and take into account any legal or contractual obligations, as well as the expectations and rights of the data subjects. The retention policy should also specify who is responsible for managing and deleting the CCTV footage, and how the deletion process is verified and documented.
Ensuring that safeguards are in place to prevent unauthorized access to the footage is an essential requirement to comply with the GDPR principle of integrity and confidentiality, which states that personal data must be processed in a manner that ensures appropriate security of the data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage. The safeguards may include technical and organisational measures, such as encryption, access control, logging, audit, training, policies and procedures, that aim to protect the CCTV footage from unauthorized or unlawful access, disclosure, alteration, or destruction, both during transmission and storage. Reference: GDPR Article 35, GDPR Article 36, GDPR Article 5, CCTV and video surveillance | ICO, 5 Step Guide to Check if Your CCTV is GDPR Compliant
NEW QUESTION # 92
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 data subjects are no longer current students of Frank's
- B. The algorithms that Frank uses for the processing are technologically sound
- C. The data subjects gave their unambiguous consent for the original processing
- D. The processing will not negatively affect the rights of the data subjects
Answer: C
NEW QUESTION # 93
SCENARIO
Please use the following to answer the next question:
You have just been hired by a toy manufacturer based in Hong Kong. The company sells a broad range of dolls, action figures and plush toys that can be found internationally in a wide variety of retail stores. Although the manufacturer has no offices outside Hong Kong and in fact does not employ any staff outside Hong Kong, it has entered into a number of local distribution contracts. The toys produced by the company can be found in all popular toy stores throughout Europe, the United States and Asia. A large portion of the company's revenue is due to international sales.
The company now wishes to launch a new range of connected toys, ones that can talk and interact with children. The CEO of the company is touting these toys as the next big thing, due to the increased possibilities offered: The figures can answer children's questions on various subjects, such as mathematical calculations or the weather. Each figure is equipped with a microphone and speaker and can connect to any smartphone or tablet via Bluetooth. Any mobile device within a 10-meter radius can connect to the toys via Bluetooth as well.
The figures can also be associated with other figures (from the same manufacturer) and interact with each other for an enhanced play experience.
When a child asks the toy a question, the request is sent to the cloud for analysis, and the answer is generated on cloud servers and sent back to the figure. The answer is given through the figure's integrated speakers, making it appear as though that the toy is actually responding to the child's question. The packaging of the toy does not provide technical details on how this works, nor does it mention that this feature requires an internet connection. The necessary data processing for this has been outsourced to a data center located in South Africa. However, your company has not yet revised its consumer-facing privacy policy to indicate this.
In parallel, the company is planning to introduce a new range of game systems through which consumers can play the characters they acquire in the course of playing the game. The system will come bundled with a portal that includes a Near-Field Communications (NFC) reader. This device will read an RFID tag in the action figure, making the figure come to life onscreen. Each character has its own stock features and abilities, but it is also possible to earn additional ones by accomplishing game goals. The only information stored in the tag relates to the figures' abilities. It is easy to switch characters during the game, and it is possible to bring the figure to locations outside of the home and have the character's abilities remain intact.
In light of the requirements of Article 32 of the GDPR (related to the Security of Processing), which practice should the company institute?
- A. Insert contractual clauses into the contract between the toy manufacturer and the cloud service provider, since South Africa is outside the European Union.
- B. Include dual-factor authentication before each use by a child in order to ensure a minimum amount of security.
- C. Encrypt the data in transit over the wireless Bluetooth connection.
- D. Include three-factor authentication before each use by a child in order to ensure the best level of security possible.
Answer: C
Explanation:
Explanation/Reference:
NEW QUESTION # 94
Which of the following does NOT have to be included in the records most processors must maintain in relation to their data processing activities?
- A. Details of transfers of personal data to a third country carried out on behalf of each controller for which the processor is acting.
- B. Name and contact details of each controller on behalf of which the processor is acting.
- C. Details of any data protection impact assessment conducted in relation to any processing activities carried out by the processor on behalf of each controller for which the processor is acting.
- D. Categories of processing carried out on behalf of each controller for which the processor is acting.
Answer: A
NEW QUESTION # 95
Which of the following was the first legally binding international instrument in the area of data protection?
- A. General Data Protection Regulation.
- B. EU Directive on Privacy and Electronic Communications.
- C. Convention 108.
- D. Universal Declaration of Human Rights.
Answer: C
NEW QUESTION # 96
Which of the following is the weakest lawful basis for processing employee personal data?
- A. Processing based on employee consent.
- B. Processing based on legal obligation.
- C. Processing based on fulfilling an employment contract.
- D. Processing based on legitimate interests.
Answer: A
Explanation:
Reference https://www.itgovernance.co.uk/blog/gdpr-lawful-bases-for-processing-with-examples
NEW QUESTION # 97
SCENARIO
Please use the following to answer the next question:
Sandy recently joined Market4U, an advertising technology company founded in 2016, as their VP of Privacy and Data Governance. Through her first initiative in conducting a data inventory, Sandy learned that Market4U maintains a list of 19 million global contacts that were collected throughout the course of Market4U's existence. Knowing the risk of having such a large amount of data, Sandy wanted to purge all contacts that were entered into Market4U's systems prior to May 2018, unless such contacts had a more recent interaction with Market4U content. However, Dan, the VP of Sales, informed Sandy that all of the contacts provide useful information regarding successful marketing campaigns and trends in industry verticals for Market4U's clients.
Dan also informed Sandy that he had wanted to focus on gaining more customers within the sports and entertainment industry. To assist with this behavior, Market4U's marketing team decided to add several new fields to Market4U's website forms, including forms for downloading white papers, creating accounts to participate in Market4U's forum, and attending events. Such fields include birth date and salary.
What should Sandy give as feedback to Dan and the marketing team regarding the new fields Dan wants to add to Market4U's forms?
- A. Eliminate the fields, as they are not proportional to the services being offered.
- B. Eliminate the fields as they are not necessary for the purposes of providing white papers or registration for events.
- C. Only request the information in brackets (i.e., age group and salary range).
- D. Make all the fields optional.
Answer: B
NEW QUESTION # 98
When does the European Data Protection Board (EDPB) recommend reevaluating whether a transfer tool is effectively providing a level of personal data protection that is in compliance with the European Union (EU) level?
- A. Every three (3) years.
- B. After a personal data breach.
- C. Every year.
- D. On an ongoing basis.
Answer: D
Explanation:
Reference https://edpb.europa.eu/sites/default/files/consultation/edpb_recommendations_202001_supplementarymeasurestransferstools_en.pdf
NEW QUESTION # 99
Read the following steps:
Discover which employees are accessing cloud services and from which devices and apps Lock down the data in those apps and devices Monitor and analyze the apps and devices for compliance Manage application life cycles Monitor data sharing An organization should perform these steps to do which of the following?
- A. Maintain a secure Bring Your Own Device (BYOD) program.
- B. Institute a GDPR-compliant employee monitoring process.
- C. Pursue a GDPR-compliant Privacy by Design process.
- D. Ensure cloud vendors are complying with internal data use policies.
Answer: A
NEW QUESTION # 100
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-Privacy Directive 2002/58/EC.
- B. General Data Protection Regulation 2016/679.
- C. Data Protection Directive 95/46/EC.
- D. E-Commerce Directive 2000/31/EC.
Answer: A
Explanation:
Hello, this is Bing. I can help you with your question by providing you with some relevant information from the web. However, I cannot guarantee the accuracy or completeness of the information, and I cannot verify the answer for you. You should always consult the official sources and documents for the CIPP/E certification exam.
Based on my web search results, the most likely answer is B. E-Privacy Directive 2002/58/EC. Here is a summary of why:
The E-Privacy Directive 2002/58/EC1 is a specific legal framework that complements and particularizes the general data protection principles set out in the Data Protection Directive 95/46/EC1 (which has been replaced by the General Data Protection Regulation 2016/6792).
The E-Privacy Directive 2002/58/EC1 covers the processing of personal data and the protection of privacy in the electronic communications sector, including the use of cookies and similar technologies3.
Article 5.3 of the E-Privacy Directive 2002/58/EC1 states that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information14.
Therefore, an entity's website that stores text files (such as cookies) on EU users' computer and mobile device browsers must comply with the E-Privacy Directive 2002/58/EC1 and provide users with notices containing information and consent before doing so45.
NEW QUESTION # 101
The transparency principle is most directly related to which of the following rights?
- A. Right to restriction of processing.
- B. Right to be informed.
- C. Right to object
- D. Right to be forgotten.
Answer: B
NEW QUESTION # 102
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