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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q120-Q125):

NEW QUESTION # 120
Which of the following countries will continue to enjoy adequacy status under the GDPR, pending any future European Commission decision to the contrary?

  • A. Norway
  • B. Greece
  • C. Australia
  • D. Switzerland

Answer: D

Explanation:
Adequacy is a term that the EU uses to describe other countries, territories, sectors or international organisations that it deems to provide an 'essentially equivalent' level of data protection to that which exists within the EU. An adequacy decision is a formal decision made by the EU which recognises that another country, territory, sector or international organisation provides an equivalent level of protection for personal data as the EU does. The effect of such a decision is that personal data can flow from the EU (and Norway, Liechtenstein and Iceland) to that third country without any further safeguard being necessary12.
The European Commission has so far recognised Andorra, Argentina, Canada (commercial organisations), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland, the United Kingdom under the GDPR and the LED, the United States (commercial organisations participating in the EU-US Data Privacy Framework) and Uruguay as providing adequate protection13. On 28 June 2021, the EU Commission published two adequacy decisions in respect of the UK: one for transfers under the EU GDPR; and the other for transfers under the Law Enforcement Directive (LED)2. These decisions contain the European Commission's detailed assessment of the UK's laws and systems for protecting personal data, as well as the legislation designating the UK as adequate. Both adequacy decisions are expected to last until 27 June 20252.
Among the four options given, only Switzerland has been granted an adequacy decision by the EU, which means that it will continue to enjoy adequacy status under the GDPR, pending any future European Commission decision to the contrary. Greece is a member state of the EU, so it does not need an adequacy decision to receive personal data from the EU. Norway is a member of the European Economic Area (EEA), which also includes Iceland and Liechtenstein, and has incorporated the GDPR into its national law, so it also does not need an adequacy decision. Australia has not been recognised as adequate by the EU, so transfers of personal data from the EU to Australia require appropriate safeguards or derogations13. Therefore, the correct answer is D. Switzerland. Reference:
https://pages.iapp.org/Free-Study-Guides_CIPPE-PPC-EU.html https://data-privacy-office.eu/courses/cipp-e-official-training-course/


NEW QUESTION # 121
SCENARIO - Please use the following to answer the next question:
It has been a tough season for the Spanish Handball League, with acts of violence and racism having increased exponentially during their last few matches.
In order to address this situation, the Spanish Minister of Sports, in conjunction with the National Handball League Association, issued an Administrative Order (the "Act") obliging all the professional clubs to install a fingerprint-reading system for accessing some areas of the sports halls, primarily the ones directly behind the goalkeepers. The rest of the areas would retain the current access system, which allows any spectators access as long as they hold valid tickets.
The Act named a selected hardware and software provider, New Digital Finger, Ltd., for the creation of the new fingerprint system. Additionally, it stipulated that any of the professional clubs that failed to install this system within a two-year period would face fines under the Act.
The Murla HB Club was the first to install the new system, renting the New Digital Finger hardware and software. Immediately afterward, the Murla HB Club automatically renewed current supporters' subscriptions, while introducing a new contractual clause requiring supporters to access specific areas of the hall through the new fingerprint reading system installed at the gates.
After the first match hosted by the Murla HB Club, a local supporter submitted a complaint to the club and to the Spanish Data Protection Authority (the AEPD), claiming that the new access system violates EU data protection laws. Having been notified by the AEPD of the upcoming investigation regarding this complaint, the Murla HB Club immediately carried out a Data Protection Impact Assessment (DPIA), the conclusions of which stated that the new access system did not pose any high risks to data subjects' privacy rights.
The Murla HB Club should have carried out a DPIA before the installation of the new access system and at what other time?

  • A. After the AEPD notification of the investigation.
  • B. Periodically, when new risks were foreseen.
  • C. At the end of every match of the season.
  • D. After the complaint of the supporter.

Answer: B

Explanation:
A DPIA is not a one-time activity. While it's crucial to conduct a DPIA before implementing a new system that processes personal data (like the fingerprint system), the GDPR requires organizations to review and update their DPIAs periodically, especially when there are changes that might affect the risk to data subjects.
Here's why the other options are incorrect:
A . After the complaint of the supporter: While a complaint might trigger a review of the processing, the DPIA should have been done proactively before any issues arose.
C . At the end of every match of the season: This frequency is excessive and doesn't align with the idea of assessing risks when changes occur.
D . After the AEPD notification of the investigation: Similar to option A, this is reactive rather than proactive.
Reference:
GDPR Article 35 - Data protection impact assessment
IAPP CIPP/E textbook, Chapter 4: Accountability and Data Governance (specifically, sections on DPIAs and ongoing review) WP29 Guidelines on Data Protection Impact Assessment (DPIA)


NEW QUESTION # 122
When does the GDPR provide more latitude for a company to process data beyond its original collection purpose?

  • A. When the data subject has failed to use a provided opt-out mechanism.
  • B. When the data has been pseudonymized.
  • C. When the data is protected by technological safeguards.
  • D. When the data serves legitimate interest of third parties.

Answer: D

Explanation:
Section: (none)
Explanation


NEW QUESTION # 123
SCENARIO
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. Submit a draft decision to other supervisory authorities for their opinion.
  • C. Request that members of the seconding supervisory authority and the host supervisory authority co-draft a decision.
  • D. Request that the other supervisory authorities provide the lead authority with a draft decision for its consideration.

Answer: B

Explanation:
According to Article 60 of the GDPR, the lead authority (the CNIL in this case) shall cooperate with the other concerned supervisory authorities (the ICO and any other authority where EVERFIT has an establishment or where data subjects are affected) to reach a consensus on the case. The lead authority shall submit a draft decision to the other authorities for their opinion and take due account of their views. If the other authorities agree with the draft decision, the lead authority shall adopt and notify it to the controller (EVERFIT) and the complainant (Javier). If the other authorities object to the draft decision, they shall express their objections within a specified period and try to reach a consensus with the lead authority. If no consensus is reached, the matter shall be referred to the EDPB for a binding decision under the consistency mechanism (Article 65 of the GDPR). Reference: GDPR Cooperation and Enforcement, First overview on the implementation of the GDPR and the roles and means of the national supervisory authorities, Data protection: Commission adopts new rules to ensure stronger cooperation and enforcement, Article 65 FAQ


NEW QUESTION # 124
SCENARIO
Please use the following to answer the next question:
Brady is a computer programmer based in New Zealand who has been running his own business for two years. Brady's business provides a low-cost suite of services to customers throughout the European Economic Area (EEA). The services are targeted towards new and aspiring small business owners. Brady's company, called Brady Box, provides web page design services, a Social Networking Service (SNS) and consulting services that help people manage their own online stores.
Unfortunately, Brady has been receiving some complaints. A customer named Anna recently uploaded her plans for a new product onto Brady Box's chat area, which is open to public viewing. Although she realized her mistake two weeks later and removed the document, Anna is holding Brady Box responsible for not noticing the error through regular monitoring of the website. Brady believes he should not be held liable.
Another customer, Felipe, was alarmed to discover that his personal information was transferred to a third- party contractor called Hermes Designs and worries that sensitive information regarding his business plans may be misused. Brady does not believe he violated European privacy rules. He provides a privacy notice to all of his customers explicitly stating that personal data may be transferred to specific third parties in fulfillment of a requested service. Felipe says he read the privacy notice but that it was long and complicated Brady continues to insist that Felipe has no need to be concerned, as he can personally vouch for the integrity of Hermes Designs. In fact, Hermes Designs has taken the initiative to create sample customized banner advertisements for customers like Felipe. Brady is happy to provide a link to the example banner ads, now posted on the Hermes Designs webpage. Hermes Designs plans on following up with direct marketing to these customers.
Brady was surprised when another customer, Serge, expressed his dismay that a quotation by him is being used within a graphic collage on Brady Box's home webpage. The quotation is attributed to Serge by first and last name. Brady, however, was not worried about any sort of litigation. He wrote back to Serge to let him know that he found the quotation within Brady Box's Social Networking Service (SNS), as Serge himself had posted the quotation. In his response, Brady did offer to remove the quotation as a courtesy.
Despite some customer complaints, Brady's business is flourishing. He even supplements his income through online behavioral advertising (OBA) via a third-party ad network with whom he has set clearly defined roles. Brady is pleased that, although some customers are not explicitly aware of the OBA, the advertisements contain useful products and services.
Under the General Data Protection Regulation (GDPR), what is the most likely reason Serge may have grounds to object to the use of his quotation?

  • A. Because of the use of personal data outside of the social networking service (SNS).
  • B. Because of the juxtaposition of the quotation with others' quotations.
  • C. Because of the misrepresentation of personal data as an endorsement.
  • D. Because of the misapplication of the household exception in relation to a social networking service (SNS).

Answer: D


NEW QUESTION # 125
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