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The CIPP-E exam is a rigorous test that requires a comprehensive understanding of the legal, regulatory, and ethical issues surrounding data protection in Europe. CIPP-E exam covers key topics such as the rights of data subjects, data protection impact assessments, and international data transfers. Successful completion of the CIPP-E exam demonstrates an individual's commitment to privacy and data protection, making them a valuable asset to any organization looking to achieve compliance with European data protection laws.
The CIPP/E certification exam covers a wide range of topics related to data protection and privacy laws within the European Union. CIPP-E Exam includes questions on the GDPR, the EU-US Privacy Shield, the ePrivacy Directive, and other relevant legislation. CIPP-E exam also covers topics such as data breaches, data protection impact assessments, and the role of the Data Protection Officer (DPO) within an organization.
IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q203-Q208):
NEW QUESTION # 203
Which of the following Convention 108+ principles, as amended in 2018, is NOT consistent with a principle found in the GDPR?
- A. The requirement to demonstrate compliance to a supervisory authority.
- B. The obligation of companies to declare data breaches.
- C. The necessity of the bulk collection of personal data by the government.
Answer: C
Explanation:
The Convention 108+ is the modernized version of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, which was opened for signature on 10 October 20181. The Convention 108+ aims to reinforce the individuals' protection, strengthen the implementation of the Convention, and promote it as a universal standard for data protection2. The Convention 108+ reflects the same principles as those enshrined in the EU's General Data Protection Regulation (GDPR), which applies from 25 May 20183. Therefore, the Convention 108+ and the GDPR are largely consistent and coherent in their provisions and objectives.
However, one of the principles of the Convention 108+ that is not consistent with a principle found in the GDPR is the necessity of the bulk collection of personal data by the government. The Convention 108+ allows for the possibility of bulk collection of personal data by the government for national security purposes, subject to certain safeguards and oversight mechanisms. The GDPR, on the other hand, does not regulate the processing of personal data by the government for national security purposes, as this falls outside the scope of EU law. The GDPR also does not explicitly endorse the bulk collection of personal data by the government, but rather requires that any processing of personal data must be based on a legal basis, respect the principles of data protection, and ensure the rights and freedoms of data subjects. Therefore, the correct answer is C.
References:
* Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data
* Convention 108+ and the GDPR
* General Data Protection Regulation
* [Convention 108+: the consultative committee of the convention for the protection of individuals with regard to the processing of personal data (T-PD) publishes its guidelines on artificial intelligence and data protection]
* [Article 3 GDPR - Territorial scope]
* [Article 5 GDPR - Principles relating to processing of personal data] I hope this helps you understand the Convention 108+ and the GDPR better. If you have any other questions, please feel free to ask me. #
NEW QUESTION # 204
SCENARIO
Please use the following to answer the next question:
Joe is the new privacy manager for Who-R-U, a Canadian business that provides DNA analysis. The company is headquartered in Montreal, and all of its employees are located there. The company offers its services to Canadians only: Its website is in English and French, it accepts only Canadian currency, and it blocks internet traffic from outside of Canada (although this solution doesn't prevent all non-Canadian traffic). It also declines to process orders that request the DNA report to be sent outside of Canada, and returns orders that show a non-Canadian return address.
Bob, the President of Who-R-U, thinks there is a lot of interest for the product in the EU, and the company is exploring a number of plans to expand its customer base.
The first plan, collegially called We-Track-U, will use an app to collect information about its current Canadian customer base. The expansion will allow its Canadian customers to use the app while traveling abroad. He suggests that the company use this app to gather location information. If the plan shows promise, Bob proposes to use push notifications and text messages to encourage existing customers to pre-register for an EU version of the service. Bob calls this work plan, We-Text-U. Once the company has gathered enough pre- registrations, it will develop EU-specific content and services.
Another plan is called Customer for Life. The idea is to offer additional services through the company's app, like storage and sharing of DNA information with other applications and medical providers. The company's contract says that it can keep customer DNA indefinitely, and use it to offer new services and market them to customers. It also says that customers agree not to withdraw direct marketing consent. Paul, the marketing director, suggests that the company should fully exploit these provisions, and that it can work around customers' attempts to withdraw consent because the contract invalidates them.
The final plan is to develop a brand presence in the EU. The company has already begun this process. It is in the process of purchasing the naming rights for a building in Germany, which would come with a few offices that Who-R-U executives can use while traveling internationally. The office doesn't include any technology or infrastructure; rather, it's simply a room with a desk and some chairs.
On a recent trip concerning the naming-rights deal, Bob's laptop is stolen. The laptop held unencrypted DNA reports on 5,000 Who-R-U customers, all of whom are residents of Canada. The reports include customer name, birthdate, ethnicity, racial background, names of relatives, gender, and occasionally health information.
If Who-R-U adopts the We-Track-U pilot plan, why is it likely to be subject to the territorial scope of the GDPR?
- A. Its plan would be in the context of the establishment of a controller in the Union.
- B. It is monitoring the behavior of data subjects in the Union.
- C. It would be offering goods or services to data subjects in the Union.
- D. It is engaging in commercial activities conducted in the Union.
Answer: B
Explanation:
According to the GDPR, the territorial scope of the regulation 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 behavior as far as their behavior takes place within the Union1. In this scenario, Who-R-U is not established in the Union, but it is collecting location information of its Canadian customers who use the app while traveling abroad, including in the EU. This constitutes monitoring of their behavior within the Union, and therefore triggers the application of the GDPR. The other options are not correct because: (A) Who-R-U does not have any establishment in the Union, as the naming-rights deal does not involve any technology or infrastructure; (B) Who-R-U is not offering goods or services to data subjects in the Union, as it only targets Canadian customers and blocks internet traffic from outside of Canada; Who-R-U is not engaging in commercial activities conducted in the Union, as it only accepts Canadian currency and does not process orders that request the DNA report to be sent outside of Canada. References: 1: Article 3(2) of the GDPR; Free CIPP/E Study Guide, page 11.
NEW QUESTION # 205
What is the MAIN reason GDPR Article 4(22) establishes the concept of the "concerned supervisory authority"?
- A. To ensure the GDPR covers controllers that do not have an establishment in the EU but have a representative in a member state.
- B. To ensure that the interests of individuals residing outside the lead authority's jurisdiction are represented.
- C. To encourage the consistency of local data processing activity.
- D. To give corporations a choice about who their supervisory authority will be.
Answer: B
Explanation:
According to GDPR Article 4(22), a supervisory authority is concerned by the processing of personal data if the data subjects residing in its member state are substantially affected or likely to be substantially affected by the processing, or if a complaint has been lodged with it. This concept is mainly introduced to ensure that the rights and interests of data subjects are protected by the supervisory authorities that are closest to them, regardless of where the controller or processor is established or where the lead supervisory authority is located. The concerned supervisory authorities have the right to participate in the one-stop-shop and consistency mechanisms, and to express their views and objections on the draft decisions of the lead supervisory authority. They also have the duty to cooperate and assist each other in the performance of their tasks. References: GDPR Article 4(22), GDPR Article 60, GDPR Article 63, The role of the 'supervisory authority concerned' (Chapter 3.1 ...
NEW QUESTION # 206
The transparency principle is most directly related to which of the following rights?
- A. Right to be informed.
- B. Right to be forgotten.
- C. Right to restriction of processing.
- D. Right to object
Answer: A
NEW QUESTION # 207
In addition to the European Commission, who can adopt standard contractual clauses, assuming that all required conditions are met?
- A. National data protection authorities.
- B. Approved data controllers.
- C. The European Data Protection Supervisor.
- D. The Council of the European Union.
Answer: A
Explanation:
According to Article 46(2) of the GDPR, standard contractual clauses adopted by a supervisory authority and approved by the Commission pursuant to the examination procedure referred to in Article 93(2) can be used as a legal basis for data transfers to third countries12. This means that, in addition to the European Commission, national data protection authorities can adopt standard contractual clauses, provided that they meet the conditions and requirements set out in the GDPR and obtain the approval of the Commission. The other options are not correct, as approved data controllers, the Council of the European Union and the European Data Protection Supervisor do not have the power to adopt standard contractual clauses under the GDPR. Reference: CIPP/E Certification - International Association of Privacy Professionals, Free CIPP/E Study Guide - International Association of Privacy Professionals, GDPR - EUR-Lex, Standard Contractual Clauses (SCC) - European Commission I hope this helps. If you have any other questions, please let me know.
NEW QUESTION # 208
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