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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q120-Q125):
NEW QUESTION # 120
Under which of the following conditions does the General Data Protection Regulation NOT apply to the processing of personal data?
Answer: A
Explanation:
The GDPR applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system1. However, the GDPR does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity2. This means that individuals can process personal data without being subject to the GDPR, as long as the processing is not related to a professional or commercial activity. For example, the GDPR does not apply to an individual who keeps a personal address book or who posts photos of their family and friends on a social media platform, as long as the platform is not used for business purposes3. Reference: 1: Article 2(1) of the GDPR 2: Article 2(2) of the GDPR 3: Recital 18 of the GDPR
NEW QUESTION # 121
Under the Data Protection Law Enforcement Directive of the EU, a government can carry out covert investigations involving personal data, as long it is set forth by law and constitutes a measure that is both necessary and what?
Answer: C
Explanation:
According to the CIPP/E study guide, the Data Protection Law Enforcement Directive (LED) is a piece of EU legislation that ensures the protection of personal data of individuals involved in criminal proceedings, be it as witnesses, victims or suspects1. The LED applies to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties2. Article 4 of the LED sets out the principles relating to the processing of personal data, which include lawfulness, fairness, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality3. Article 4 (1) (e) of the LED states that personal data shall be processed lawfully, where processing is necessary for the performance of a task carried out by a competent authority for the purposes of the LED, and where processing is based on Union or Member State law which shall meet an objective of general interest, respect the essence of the right to the protection of personal data and be proportionate to the legitimate aim pursued3. Therefore, a government can carry out covert investigations involving personal data, as long as it is set forth by law and constitutes a measure that is both necessary and proportionate to the objective of general interest, such as the prevention or prosecution of criminal offences. References: 1: CIPP/E study guide, page 1; Data protection in law enforcement2: CIPP/E study guide, page 2; Art. 2 LED3: CIPP/E study guide, page 3; Art. 4 LED.
NEW QUESTION # 122
SCENARIO
Please use the following to answer the next question:
TripBliss Inc. is a travel service company which has lost substantial revenue over the last few years. Their new manager, Oliver, suspects that this is partly due to the company's outdated website. After doing some research, he meets with a sales representative from the up-and-coming IT company Techiva, hoping that they can design a new, cutting-edge website for TripBliss Inc.'s foundering business.
During negotiations, a Techiva representative describes a plan for gathering more customer information through detailed Questionaires, which could be used to tailor their preferences to specific travel destinations.
TripBliss Inc. can choose any number of data categories - age, income, ethnicity - that would help them best accomplish their goals. Oliver loves this idea, but would also like to have some way of gauging how successful this approach is, especially since the Questionaires will require customers to provide explicit consent to having their data collected. The Techiva representative suggests that they also run a program to analyze the new website's traffic, in order to get a better understanding of how customers are using it. He explains his plan to place a number of cookies on customer devices. The cookies will allow the company to collect IP addresses and other information, such as the sites from which the customers came, how much time they spend on the TripBliss Inc. website, and which pages on the site they visit. All of this information will be compiled in log files, which Techiva will analyze by means of a special program. TripBliss Inc. would receive aggregate statistics to help them evaluate the website's effectiveness. Oliver enthusiastically engages Techiva for these services.
Techiva assigns the analytics portion of the project to longtime account manager Leon Santos. As is standard practice, Leon is given administrator rights to TripBliss Inc.'s website, and can authorize access to the log files gathered from it. Unfortunately for TripBliss Inc., however, Leon is taking on this new project at a time when his dissatisfaction with Techiva is at a high point. In order to take revenge for what he feels has been unfair treatment at the hands of the company, Leon asks his friend Fred, a hobby hacker, for help. Together they come up with the following plan: Fred will hack into Techiva's system and copy their log files onto a USB stick. Despite his initial intention to send the USB to the press and to the data protection authority in order to denounce Techiva, Leon experiences a crisis of conscience and ends up reconsidering his plan. He decides instead to securely wipe all the data from the USB stick and inform his manager that the company's system of access control must be reconsidered.
With regard to TripBliss Inc.'s use of website cookies, which of the following statements is correct?
Answer: C
Explanation:
According to the ePrivacy Directive (2002/58/EC), the use of cookies or similar devices that store or access information on the user's device requires the user's consent, unless the cookie is strictly necessary to enable the use of a service requested by the user. For example, a cookie that remembers the items in a shopping cart does not require consent, but a cookie that tracks the user's browsing behavior for analytics or advertising purposes does. The consent must be freely given, specific, informed, and unambiguous, and can be obtained through appropriate settings of the browser or other application. The consent must also be separate from other consents, such as the consent to the processing of personal data. The categories of data involved or the recipients of the data do not affect the consent requirement for the use of cookies. The consent must also be obtained before the cookie is placed or accessed, unless the cookie is exempted. Therefore, option A is correct.
Option B is incorrect because explicit consent is not required for the use of cookies, unless the cookie also involves the processing of special categories of personal data under the GDPR. However, in this scenario, there is no indication that the cookies collect or process such data. Therefore, option B is incorrect.
Option C is incorrect because the consent requirement for the use of cookies does not depend on the recipients of the data or the level of aggregation of the data. The consent must be obtained from the user whose device is accessed or stored by the cookie, regardless of who receives the data or how it is processed. Therefore, option C is incorrect.
Option D is incorrect because the consent requirement for the use of cookies does not depend on the potential for location tracking. The consent must be obtained for any cookie that is not strictly necessary to enable the use of a service requested by the user, regardless of the type or purpose of the cookie. Therefore, option D is incorrect.
References:
* ePrivacy Directive, Article 5(3)
* GDPR, Article 4(11), Article 7, Article 9
* CIPP/E Study Guide, Chapter 5, Section 5.2.2
NEW QUESTION # 123
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?
Answer: D
NEW QUESTION # 124
Under Article 30 of the GDPR, controllers are required to keep records of all of the following EXCEPT?
Answer: A
Explanation:
Article 30 of the GDPR requires controllers and processors to maintain records of their processing activities, which include information such as the purposes of the processing, the categories of personal data, the recipients of the data, the retention periods, and the security measures12. However, Article 30 does not require controllers to keep records of incidents of personal data breaches, whether disclosed or not. This is a separate obligation under Article 33 and Article 34, which require controllers to notify the supervisory authority and the data subjects of any personal data breach, unless the breach is unlikely to result in a risk to the rights and freedoms of natural persons34. References: 1: Article 30 of the GDPR 2: What do we need to document under Article 30 of the UK GDPR? | ICO 3: Article 33 of the GDPR 4: Article 34 of the GDPR
NEW QUESTION # 125
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