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The CIPP-E certification is an excellent way for privacy professionals to advance their careers and increase their earning potential. In addition to the knowledge and skills gained from the certification, CIPP-E holders are also part of a global community of privacy professionals who have access to the latest industry developments, networking opportunities, and job openings. The CIPP-E certification is recognized by numerous organizations and regulatory bodies, including the European Data Protection Board (EDPB), which further enhances its value and credibility.

 

NEW QUESTION # 49
WP29's "Guidelines on Personal data breach notification under Regulation 2016/679'' provides examples of ways to communicate data breaches transparently. Which of the following was listed as a method that would NOT be effective for communicating a breach to data subjects?

• A. A prominent advertisement in print media
• B. A notice on a corporate blog
• C. A postal notification
• D. A direct electronic message

Answer: B

Explanation:
Reference https://www.google.com/url? sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwih19CSx9LqAhVQe8AKHe- VDQEQFjAAegQIAhAB&url=https%3A%2F%2Fec.europa.eu%2Fnewsroom%2Farticle29%2Fdocument.cfm% 3Fdoc_id%3D49827&usg=AOvVaw2uhYsKyRzJ6lwhQyiMURJF (21)

NEW QUESTION # 50
A company in France suffers a robbery over the weekend owing to a faulty alarm system. When it is determined that the break-in involves the loss of a substantial amount of data, the company decides on a CCTV system to monitor for future incidents. Company technicians install cameras in the entrance of the building, hallways and offices. Footage is recorded continuously, and is monitored by the home office in the United States. What is the most realistic step the company could take to address their security concerns and comply with the personal data processing principles set out in Article 5 of the GDPR?

• A. Retain captured footage for no more than 30 days.
• B. Restrict camera placement to building entrances only.
• C. Have cameras recording during work hours only.
• D. Seek informed consent from company employees.

Answer: D

NEW QUESTION # 51
An online company's privacy practices vary due to the fact that it offers a wide variety of services. How could it best address the concern that explaining them all would make the policies incomprehensible?

• A. Provide only general information about its processing activities and offer a toll-free number for more information.
• B. Use a layered privacy notice on its website and in its email communications.
• C. Place a banner on its website stipulating that visitors agree to its privacy policy and terms of use by visiting the site.
• D. Identify uses of data in a privacy notice mailed to the data subject.

Answer: D

NEW QUESTION # 52
Assuming that the "without undue delay" provision is followed, what is the time limit for complying with a data access request?

• A. Within 40 days of receipt
• B. Within one month of receipt, which may be extended by an additional two months
• C. Within one month of receipt, which may be extended by up to an additional month
• D. Within 40 days of receipt, which may be extended by up to 40 additional days

Answer: C

NEW QUESTION # 53
According to the GDPR, when should the processing of photographs be considered processing of special categories of personal data?

• A. When processed with the intent to proceed to scientific or historical research projects.
• B. When processed with the intent to publish information regarding a natural person on publicly accessible media.
• C. When processed with the intent to uniquely identify or authenticate a natural person.
• D. When processed with the intent to comply with a law.

Answer: C

Explanation:
Reference https://www.privacy-regulation.eu/en/recital-51-GDPR.htm

NEW QUESTION # 54
According to the GDPR, what is the main task of a Data Protection Officer (DPO)?

• A. To monitor compliance with other local or European data protection provisions.
• B. To create and maintain records of processing activities.
• C. To create procedures for notification of personal data breaches to competent supervisory authorities.
• D. To conduct Privacy Impact Assessments on behalf of the controller or processor.

Answer: D

NEW QUESTION # 55
In which of the following situations would an individual most likely to be able to withdraw her consent for processing?

• A. When she has recently changed jobs and no longer works for the same company.
• B. When she disagrees with a diagnosis her doctor has recorded on her records.
• C. When she is leaving her bank and moving to another bank.
• D. When she no longer wishes to be sent marketing materials from an organization.

Answer: D

Explanation:
Reference https://gdpr-info.eu/art-7-gdpr/

NEW QUESTION # 56
How does the GDPR now define "processing"?

• A. Any operation or set of operations performed by automated means on personal data or on sets of personal data.
• B. Any use or disclosure of personal data compatible with the purpose for which the data was collected.
• C. Any act involving the collecting and recording of personal data.
• D. Any operation or set of operations performed on personal data or on sets of personal data.

Answer: D

Explanation:
Reference https://gdpr-info.eu/issues/processing/

NEW QUESTION # 57
In the event of a data breach, which type of information are data controllers NOT required to provide to either the supervisory authorities or the data subjects?

• A. The type of security safeguards used to protect the data.
• B. The contact details of the appropriate data protection officer.
• C. The predicted consequences of the breach.
• D. The measures being taken to address the breach.

Answer: B

NEW QUESTION # 58
Which of the following was the first to implement national law for data protection in 1973?

• A. France
• B. United Kingdom
• C. Sweden
• D. Germany

Answer: C

Explanation:
Reference https://scandinavianlaw.se/pdf/47-18.pdf

NEW QUESTION # 59
The Planet 49 CJEU Judgement applies to?

• A. Cookies used only by third parties.
• B. Cookies regardless of whether the data accessed is personal or not.
• C. Cookies that are deemed technically necessary.
• D. Cookies where the data accessed is considered as personal data only.

Answer: B

NEW QUESTION # 60
Please use the following to answer the next question:
Javier is a member of the fitness club EVERFIT. This company has branches in many EU member states, but for the purposes of the GDPR maintains its primary establishment in France. Javier lives in Newry, Northern Ireland (part of the U.K.), and commutes across the border to work in Dundalk, Ireland. Two years ago while on a business trip, Javier was photographed while working out at a branch of EVERFIT in Frankfurt, Germany. At the time, Javier gave his consent to being included in the photograph, since he was told that it would be used for promotional purposes only. Since then, the photograph has been used in the club's U.K. brochures, and it features in the landing page of its U.K. website. However, the fitness club has recently fallen into disrepute due to widespread mistreatment of members at various branches of the club in several EU member states. As a result, Javier no longer feels comfortable with his photograph being publicly associated with the fitness club.
After numerous failed attempts to book an appointment with the manager of the local branch to discuss this matter, Javier sends a letter to EVETFIT requesting that his image be removed from the website and all promotional materials. Months pass and Javier, having received no acknowledgment of his request, becomes very anxious about this matter. After repeatedly failing to contact EVETFIT through alternate channels, he decides to take action against the company.
Javier contacts the U.K. Information Commissioner's Office ('ICO' - the U.K.'s supervisory authority) to lodge a complaint about this matter. The ICO, pursuant to Article 56 (3) of the GDPR, informs the CNIL (i.e. the supervisory authority of EVERFIT's main establishment) about this matter. Despite the fact that EVERFIT has an establishment in the U.K., the CNIL decides to handle the case in accordance with Article 60 of the GDPR. The CNIL liaises with the ICO, as relevant under the cooperation procedure. In light of issues amongst the supervisory authorities to reach a decision, the European Data Protection Board becomes involved and, pursuant to the consistency mechanism, issues a binding decision.
Additionally, Javier sues EVERFIT for the damages caused as a result of its failure to honor his request to have his photograph removed from the brochure and website.
Under the cooperation mechanism, what should the lead authority (the CNIL) do after it has formed its view on the matter?

• A. Submit a draft decision directly to the Commission to ensure the effectiveness of the consistency mechanism.
• B. Request that the other supervisory authorities provide the lead authority with a draft decision for its consideration.
• C. Request that members of the seconding supervisory authority and the host supervisory authority co-draft a decision.
• D. Submit a draft decision to other supervisory authorities for their opinion.

Answer: B

NEW QUESTION # 61
Which type of personal data does the GDPR define as a "special category" of personal data?

• A. Closed Circuit Television (CCTV) footage.
• B. Trade-union membership.
• C. Educational history.
• D. Financial information.

Answer: B

Explanation:
Reference https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection- regulation-gdpr/lawful-basis-for-processing/special-category-data/#:~:text=The%20GDPR%20defines% 20special%20category%20data%20as%3A&text=personal%20data%20revealing%20trade%20union,used% 20for%20identification%20purposes)%3B

NEW QUESTION # 62
SCENARIO
Please use the following to answer the next question:
Louis, a long-time customer of Bedrock Insurance, was involved in a minor car accident a few months ago. Although no one was hurt, Louis has been plagued by texts and calls from a company called Accidentable offering to help him recover compensation for personal injury. Louis has heard about insurance companies selling customers' data to third parties, and he's convinced that Accidentable must have gotten his information from Bedrock Insurance.
Louis has also been receiving an increased amount of marketing information from Bedrock, trying to sell him their full range of their insurance policies.
Perturbed by this, Louis has started looking at price comparison sites on the internet and has been shocked to find that other insurers offer much cheaper rates than Bedrock, even though he has been a loyal customer for many years. When his Bedrock policy comes up for renewal, he decides to switch to Zantrum Insurance.
In order to activate his new insurance policy, Louis needs to supply Zantrum with information about his No Claims bonus, his vehicle and his driving history. After researching his rights under the GDPR, he writes to ask Bedrock to transfer his information directly to Zantrum. He also takes this opportunity to ask Bedrock to stop using his personal data for marketing purposes.
Bedrock supplies Louis with a PDF and XML (Extensible Markup Language) versions of his No Claims Certificate, but tells Louis it cannot transfer his data directly to Zantrum as this is not technically feasible. Bedrock also explains that Louis's contract included a provision whereby Louis agreed that his data could be used for marketing purposes; according to Bedrock, it is too late for Louis to change his mind about this. It angers Louis when he recalls the wording of the contract, which was filled with legal jargon and very confusing.
In the meantime, Louis is still receiving unwanted calls from Accidentable Insurance. He writes to Accidentable to ask for the name of the organization that supplied his details to them. He warns Accidentable that he plans to complain to the data protection authority, because he thinks their company has been using his data unlawfully. His letter states that he does not want his data being used by them in any way.
Accidentable's response letter confirms Louis's suspicions. Accidentable is Bedrock Insurance's wholly owned subsidiary, and they received information about Louis's accident from Bedrock shortly after Louis submitted his accident claim. Accidentable assures Louis that there has been no breach of the GDPR, as Louis's contract included, a provision in which he agreed to share his information with Bedrock's affiliates for business purposes.
Louis is disgusted by the way in which he has been treated by Bedrock, and writes to them insisting that all his information be erased from their computer system.
Which statement accurately summarizes Bedrock's obligation in regard to Louis's data portability request?

• A. Bedrock has failed to comply with the duty to transfer Louis's data to Zantrum because it has an obligation to develop commonly used, machine-readable and interoperable formats so that all customer data can be ported to other insurers on request.
• B. Bedrock has failed to comply with the duty to transfer Louis's data to Zantrum because the duty applies wherever personal data are processed by automated means and necessary for the performance of a contract with the customer.
• C. Bedrock does not have a duty to transfer Louis's data to Zantrum if doing so is legitimately not technically feasible.
• D. Bedrock does not have to transfer Louis's data to Zantrum because the right to data portability does not apply where personal data are processed in order to carry out tasks in the public interest.

Answer: D

NEW QUESTION # 63
Which change was introduced by the 2009 amendments to the e-Privacy Directive 2002/58/EC?

• A. A voluntary notification for personal data breaches applicable to all data controllers.
• B. A mandatory notification for personal data breaches applicable to all data controllers.
• C. A voluntary notification for personal data breaches applicable to electronic communication providers.
• D. A mandatory notification for personal data breaches applicable to electronic communication providers.

Answer: D

NEW QUESTION # 64
SCENARIO
Please use the following to answer the next question:
Building Block Inc. is a multinational company, headquartered in Chicago with offices throughout the United States, Asia, and Europe (including Germany, Italy, France and Portugal). Last year the company was the victim of a phishing attack that resulted in a significant data breach. The executive board, in coordination with the general manager, their Privacy Office and the Information Security team, resolved to adopt additional security measures. These included training awareness programs, a cybersecurity audit, and use of a new software tool called SecurityScan, which scans employees' computers to see if they have software that is no longer being supported by a vendor and therefore not getting security updates. However, this software also provides other features, including the monitoring of employees' computers.
Since these measures would potentially impact employees, Building Block's Privacy Office decided to issue a general notice to all employees indicating that the company will implement a series of initiatives to enhance information security and prevent future data breaches.
After the implementation of these measures, server performance decreased. The general manager instructed the Security team on how to use SecurityScan to monitor employees' computers activity and their location. During these activities, the Information Security team discovered that one employee from Italy was daily connecting to a video library of movies, and another one from Germany worked remotely without authorization. The Security team reported these incidents to the Privacy Office and the general manager. In their report, the team concluded that the employee from Italy was the reason why the server performance decreased.
Due to the seriousness of these infringements, the company decided to apply disciplinary measures to both employees, since the security and privacy policy of the company prohibited employees from installing software on the company's computers, and from working remotely without authorization.
What would be the MOST APPROPRIATE way for Building Block to handle the situation with the employee from Italy?

• A. Since this was a serious infringement, but the employee was not appropriately informed about the consequences the new security measures, the company would be entitled to apply some disciplinary measures, but not dismissal.
• B. Since the GDPR does not apply to this situation, the company would be entitled to apply any disciplinary measure authorized under Italian labor law.
• C. Since the employee was the cause of a serious risk for the server performance and their data, the company would be entitled to apply disciplinary measures to this employee, including fair dismissal.
• D. Since the employee was not informed that the security measures would be used for other purposes such as monitoring, the company could face difficulties in applying any disciplinary measures to this employee.

Answer: A

NEW QUESTION # 65
SCENARIO
Please use the following to answer the next question:
Liem, an online retailer known for its environmentally friendly shoes, has recently expanded its presence in Europe. Anxious to achieve market dominance, Liem teamed up with another eco friendly company, EcoMick, which sells accessories like belts and bags. Together the companies drew up a series of marketing campaigns designed to highlight the environmental and economic benefits of their products. After months of planning, Liem and EcoMick entered into a data sharing agreement to use the same marketing database, MarketIQ, to send the campaigns to their respective contacts.
Liem and EcoMick also entered into a data processing agreement with MarketIQ, the terms of which included processing personal data only upon Liem and EcoMick's instructions, and making available to them all information necessary to demonstrate compliance with GDPR obligations.
Liem and EcoMick then procured the services of a company called JaphSoft, a marketing optimization firm that uses machine learning to help companies run successful campaigns. Clients provide JaphSoft with the personal data of individuals they would like to be targeted in each campaign. To ensure protection of its clients' data, JaphSoft implements the technical and organizational measures it deems appropriate. JaphSoft works to continually improve its machine learning models by analyzing the data it receives from its clients to determine the most successful components of a successful campaign. JaphSoft then uses such models in providing services to its client-base. Since the models improve only over a period of time as more information is collected, JaphSoft does not have a deletion process for the data it receives from clients. However, to ensure compliance with data privacy rules, JaphSoft pseudonymizes the personal data by removing identifying information from the contact information. JaphSoft's engineers, however, maintain all contact information in the same database as the identifying information.
Under its agreement with Liem and EcoMick, JaphSoft received access to MarketIQ, which included contact information as well as prior purchase history for such contacts, to create campaigns that would result in the most views of the two companies' websites. A prior Liem customer, Ms. Iman, received a marketing campaign from JaphSoft regarding Liem's as well as EcoMick's latest products. While Ms. Iman recalls checking a box to receive information in the future regarding Liem's products, she has never shopped EcoMick, nor provided her personal data to that company.
Which of the following BEST describes the relationship between Liem, EcoMick and JaphSoft?

• A. Liem and EcoMick are joint controllers because they carry out joint marketing activities.
• B. Liem is a controller and EcoMick is a processor because Liem provides specific instructions regarding how the marketing campaigns should be rolled out.
• C. EcoMick and JaphSoft are is a controller and Liem is a processor because EcoMick is sharing its marketing data with Liem for contacts in Europe.
• D. JaphSoft is the sole processor because it processes personal data on behalf of its clients.

Answer: C

NEW QUESTION # 66
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 makes appointment of a data protection officer mandatory
• 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 takes the form of a Regulation as opposed to a Directive

Answer: A

Explanation:
Reference https://ec.europa.eu/info/law/law-topic/data-protection/data-protection-eu_en

NEW QUESTION # 67
An organisation receives a request multiple times from a data subject seeking to exercise his rights with respect to his own personal dat a. Under what condition can the organisation charge the data subject for processing the request?

• A. Only where the organisation can show that it is reasonable to do so because more than one request was made.
• B. Only to the extent this is allowed under the restrictions on data subjects' rights introduced under Art 23 of GDPR.
• C. Only where the administrative costs of taking the action requested exceeds a certain threshold.
• D. Only if the organisation can demonstrate that the request is clearly excessive or misguided.

Answer: D

NEW QUESTION # 68
A key component of the OECD Guidelines is the "Individual Participation Principle". What parts of the General Data Protection Regulation (GDPR) provide the closest equivalent to that principle?

• A. The information requirements set out in Articles 13 and 14
• B. The lawful processing criteria stipulated by Articles 6 to 9
• C. The rights granted to data subjects under Articles 12 to 22
• D. The breach notification requirements specified in Articles 33 and 34

Answer: C

NEW QUESTION # 69
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.
Which of the University's records does Anna NOT have to include in her record of processing activities?

• A. Staff and alumni records
• B. Frank's performance database
• C. Student records
• D. Department for Education records

Answer: B

NEW QUESTION # 70
The European Parliament jointly exercises legislative and budgetary functions with which of the following?

• A. The Article 29 Working Party.
• B. The Council of the European Union.
• C. The European Commission.
• D. The European Data Protection Board.

Answer: B

NEW QUESTION # 71
SCENARIO
Please use the following to answer the next question:
Jack worked as a Pharmacovigiliance Operations Specialist in the Irish office of a multinational pharmaceutical company on a clinical trial related to COVID-19. As part of his onboarding process Jack received privacy training He was explicitly informed that while he would need to process confidential patient data in the course of his work, he may under no circumstances use this data for anything other than the performance of work-related (asks This was also specified in the privacy policy, which Jack signed upon conclusion of the training.
After several months of employment, Jack got into an argument with a patient over the phone. Out of anger he later posted the patient's name and hearth information, along with disparaging comments, on a social media website. When this was discovered by his Pharmacovigilance supervisors. Jack was immediately dismissed Jack's lawyer sent a letter to the company stating that dismissal was a disproportionate sanction, and that if Jack was not reinstated within 14 days his firm would have no alternative but to commence legal proceedings against the company. This letter was accompanied by a data access request from Jack requesting a copy of "all personal data, including internal emails that were sent/received by Jack or where Jack is directly or indirectly identifiable from the contents. In relation to the emails Jack listed six members of the management team whose inboxes the required access.
How should the company respond to Jack's request to be forgotten?

• A. The company should ensure that the information is stored outside of the European Union so that the right to be forgotten under the GDPR does not apply.
• B. The company should erase all data relating to Jack without undue delay as the right to be forgotten is an absolute right.
• C. The company should claim that the right to be forgotten is not applicable to them, as only a fraction of their global workforce resides in the European Union.
• D. The company should not erase the data at this time as it may be required to defend a legal claim of unfair dismissal.

Answer: C

NEW QUESTION # 72
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