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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q247-Q252):
NEW QUESTION # 247
Data retention in the EU was underpinned by a legal framework established by the Data Retention Directive (2006/24/EC). Why is the Directive no longer part of EU law?
- A. The Directive was annulled by the Court of Justice of the European Union.
- B. The Directive was superseded by the General Data Protection Regulation.
- C. The Directive was superseded by the EU Directive on Privacy and Electronic Communications.
- D. The Directive was annulled by the European Court of Human Rights.
Answer: A
Explanation:
The Data Retention Directive (2006/24/EC) was a legal framework that required Member States to ensure that providers of publicly available electronic communications services or of public communications networks retained certain data for a period of between six months and two years, for the purpose of the prevention, investigation, detection and prosecution of serious crime1. However, on 8 April 2014, the Court of Justice of the European Union (CJEU) declared the Directive invalid, as it entailed a wide-ranging and particularly serious interference with the fundamental rights to respect for private life and to the protection of personal data, without limiting the access of the competent national authorities to the data retained to what was strictly necessary2. The CJEU also found that the Directive did not provide sufficient safeguards to ensure effective protection of the data against the risk of abuse and against any unlawful access and use of the data2.
Therefore, the Directive is no longer part of EU law.
References:
* Directive 2006/24/EC of the European Parliament and of the Council
* Court of Justice of the European Union PRESS RELEASE No 54/14
I hope this helps you understand the GDPR and data retention better. If you have any other questions, please feel free to ask me. #
NEW QUESTION # 248
A Spanish electricity customer calls her local supplier with Questions: about the company's upcoming merger. Specifically, the customer wants to know the recipients to whom her personal data will be disclosed once the merger is final. According to Article 13 of the GDPR, what must the company do before providing the customer with the requested information?
- A. Verify that the request is applicable to the data collected before the GDPR entered into force.
- B. Verify that the purpose of the request from the customer is in line with the GDPR.
- C. Verify that the identity of the customer can be proven by other means.
- D. Verify that the personal data has not already been sent to the customer.
Answer: C
Explanation:
According to Article 13 of the GDPR, the controller (in this case, the electricity supplier) has the obligation to provide the data subject (in this case, the customer) with information about the processing of their personal data, including the recipients or categories of recipients of the personal data, if any. However, before providing such information, the controller must verify the identity of the data subject, to ensure that the information is not disclosed to unauthorized persons. This verification can be done by other means than the personal data already collected, such as asking for additional information, sending a verification code, or using a secure online portal. The other options (A, B, and C) are not relevant for this verification, as they do not relate to the identity of the data subject, but to the scope, purpose, and history of the processing. References:
* Article 13 of the GDPR
* The right to be informed (transparency) (Article 13 & 14 GDPR)
* Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
NEW QUESTION # 249
When is data sharing agreement MOST likely to be needed?
- A. When personal data is being shared with a public authority with powers to require the personal data to be disclosed.
- B. When personal data is being shared between commercial organizations acting as joint data controllers.
- C. When personal data is being proactively shared by a controller to support a police investigation.
- D. When anonymized data is being shared.
Answer: B
NEW QUESTION # 250
A company is located in a country NOT considered by the European Union (EU) to have an adequate level of data protection. Which of the following is an obligation of the company if it imports personal data from another organization in the European Economic Area (EEA) under standard contractual clauses?
- A. Supply any information requested by a data protection authority (DPA) within 30 days.
- B. Ensure that notice is given to and consent is obtained from data subjects.
- C. Ensure that local laws do not impede the company from meeting its contractual obligations.
- D. Submit the contract to its own government authority.
Answer: D
NEW QUESTION # 251
SCENARIO
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. Requesting advice and technical support from Company A's IT team.
- B. Avoiding the use of another company's data to improve their own services.
- C. Hiring companies whose measures are consistent with recommendations of accrediting bodies.
- D. Vetting companies' measures with the appropriate supervisory authority.
Answer: C
Explanation:
Article 82 of the GDPR1234 regulates the right to compensation and liability for any person who has suffered material or non-material damage as a result of an infringement of the GDPR.
Paragraph 4 of Article 821234 states that a controller or processor shall be exempt from liability under paragraph 2 (which holds them liable for the damage caused by processing which infringes the GDPR) if it proves that it is not in any way responsible for the event giving rise to the damage.
Therefore, the right to compensation and liability under the GDPR provides for an exemption from liability if the data controller (or data processor) proves that it is not in any way responsible for the event giving rise to the damage.
Reference:
1: Art. 82 GDPR - Right to compensation and liability - General Data Protection Regulation (GDPR)
2: Art. 82 GDPR - Right to compensation and liability - GDPR.eu
3: GDPR Article 82: Right to compensation and liability - Advisera
4: Article 82 GDPR | Right to compensation and liability
NEW QUESTION # 252
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