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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q305-Q310):
NEW QUESTION # 305
An employee of company ABCD has just noticed a memory stick containing records of client data, including their names, addresses and full contact details has disappeared. The data on the stick is unencrypted and in clear text. It is uncertain what has happened to the stick at this stage, but it likely was lost during the travel of an employee. What should the company do?
- A. Invoke the "disproportionate effort" exception under Article 33 to postpone notifying data subjects until more information can be gathered.
- B. Immediately notify all the customers of the company that their information has been accessed by an unauthorized person.
- C. Launch an investigation and if nothing is found within one month, notify the data protection supervisory authority.
- D. Notify as soon as possible the data protection supervisory authority that a data breach may have taken place.
Answer: D
NEW QUESTION # 306
SCENARIO
Please use the following to answer the next question:
WonderkKids provides an online booking service for childcare. Wonderkids is based in France, but hosts its website through a company in Switzerland. As part of their service, WonderKids will pass all personal data provided to them to the childcare provider booked through their system. The type of personal data collected on the website includes the name of the person booking the childcare, address and contact details, as well as information about the children to be cared for including name, age, gender and health information. The privacy statement on Wonderkids' website states the following:
"WonderkKids provides the information you disclose to us through this website to your childcare provider for scheduling and health and safety reasons. We may also use your and your child's personal information for our own legitimate business purposes and we employ a third-party website hosting company located in Switzerland to store the dat a. Any data stored on equipment located in Switzerland meets the European Commission provisions for guaranteeing adequate safeguards for you and your child's personal information. We will only share you and your child's personal information with businesses that we see as adding real value to you. By providing us with any personal data, you consent to its transfer to affiliated businesses and to send you promotional offers."
"We may retain you and your child's personal information for no more than 28 days, at which point the data will be depersonalized, unless your personal information is being used for a legitimate business purpose beyond 28 days where it may be retained for up to 2 years."
"We are processing you and your child's personal information with your consent. If you choose not to provide certain information to us, you may not be able to use our services. You have the right to: request access to you and your child's personal information; rectify or erase you or your child's personal information; the right to correction or erasure of you and/or your child's personal information; object to any processing of you and your child's personal information. You also have the right to complain to the supervisory authority about our data processing activities." What must the contract between WonderKids and the hosting service provider contain?
- A. Audit rights for the data subjects.
- B. A non-disclosure agreement.
- C. Controller-to-controller model contract clauses.
- D. The requirement to implement technical and organizational measures to protect the data.
Answer: D
Explanation:
The GDPR (General Data Protection Regulation) applies to any organisation that processes personal data of EU residents, regardless of where the processing takes place. Therefore, WonderKids, as a data controller based in France, must comply with the GDPR when it transfers personal data to its hosting service provider in Switzerland, which acts as a data processor on behalf of WonderKids.
According to Article 28 of the GDPR, data controllers must only use data processors that provide sufficient guarantees to implement appropriate technical and organisational measures to ensure the protection of the rights of the data subjects and the security of the data. The data controller and the data processor must also enter into a written contract or other legal act that sets out the subject matter, duration, nature, and purpose of the processing, as well as the obligations and rights of the data controller.
The contract must include, among other things, the following provisions:
The data processor must process the personal data only on documented instructions from the data controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by EU or member state law; The data processor must ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; The data processor must take all measures required pursuant to Article 32 of the GDPR, which relates to the security of the processing; The data processor must respect the conditions for engaging another processor, and inform the data controller of any intended changes concerning the addition or replacement of other processors, giving the data controller the opportunity to object to such changes; The data processor must assist the data controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR, which relate to the security of the processing, the notification of personal data breaches, the communication of personal data breaches to data subjects, the data protection impact assessment, and the prior consultation with the supervisory authority; The data processor must, at the choice of the data controller, delete or return all the personal data to the data controller after the end of the provision of services relating to the processing, and delete existing copies unless EU or member state law requires storage of the personal data; The data processor must make available to the data controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by the data controller or another auditor mandated by the data controller.
Therefore, among the four options, the one that must be included in the contract between WonderKids and the hosting service provider is the requirement to implement technical and organisational measures to protect the data, as this is part of the data processor's obligations under Article 28 and Article 32 of the GDPR.
The other options are not mandatory under the GDPR, although they may be advisable or desirable depending on the circumstances. Controller-to-controller model contract clauses are used when personal data is transferred from one data controller to another data controller, not from a data controller to a data processor. Audit rights for the data subjects are not explicitly required by the GDPR, although the data controller must ensure that the data processor allows for and contributes to audits conducted by the data controller or another auditor mandated by the data controller. A non-disclosure agreement may be useful to protect the confidentiality of the personal data, but it is not sufficient to ensure the compliance with the GDPR, as it does not cover all the aspects of the data processing relationship.
Reference:
GDPR
Web Hosting and GDPR Compliance - What to Look For
The GDPR: Why you need to review your third-party service providers' security GDPR Compliance for Third-Party Service Providers: Vendor Management
NEW QUESTION # 307
Higher fines are assessed for GDPR violations due to which of the following?
- A. Failure to notify a supervisory authority and data subjects of a personal data breach
- B. Violations of a data subject"s rights
- C. Failure to appoint a data protection officer.
- D. Violations of a data controller's obligations to obtain a child's consent
Answer: D
NEW QUESTION # 308
In the Planet 49 case, what was the main judgement of the Court of Justice of the European Union (CJEU) regarding the issue of cookies?
- A. If a website's cookie notice makes clear the information gathered and the lifespan of the cookie, then pre-checked boxes are acceptable.
- B. If a data subject continues to scroll through a website after reading a cookie banner, this activity constitutes valid consent for the tracking described in the cookie banner.
- C. If the cookies do not track personal data, then pre-checked boxes are acceptable.
- D. If the ePrivacy Directive requires consent for cookies, then the GDPR's consent requirements apply.
Answer: D
Explanation:
The CJEU ruled that the consent required by the ePrivacy Directive for the use of cookies must comply with the conditions laid down in the GDPR, which means that it must be specific, informed, unambiguous, and freely given. Therefore, pre-checked boxes or implied consent by scrolling are not valid forms of consent for cookies. The CJEU also clarified that the ePrivacy Directive applies to any information stored or accessed on a user's device, regardless of whether it is personal data or not. Furthermore, the CJEU stated that the information provided to users about cookies must include the duration of the operation of cookies and the possibility of third parties accessing them.
References: CIPP/E Study Guide, page 29; CIPP/E Textbook, page 137; Planet49 case
NEW QUESTION # 309
Which type of personal data does the GDPR define as a "special category" of personal data?
- A. Closed Circuit Television (CCTV) footage.
- B. Financial information.
- C. Educational history.
- D. Trade-union membership.
Answer: D
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 # 310
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