
[Jul 11, 2024] Fully Updated Free Actual IAPP CIPP-E Exam Questions
Free CIPP-E Questions for IAPP CIPP-E Exam [Jul-2024]
The CIPP/E certification is valid for three years, after which the candidate must renew their certification by earning continuing education credits. To maintain their certification, the candidate must earn 20 credits within the three-year period, with at least 10 credits coming from IAPP-approved activities. The IAPP offers a variety of educational resources, including webinars, conferences, and online courses, to help candidates earn their continuing education credits.
NEW QUESTION # 51
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.
Based on current trends in European privacy practices, which aspect of Brady Box' Online Behavioral Advertising (OBA) is most likely to be insufficient if the company becomes established in Europe?
- A. The level of security within the website.
- B. The contract with the third-party advertising network.
- C. The need to have the contents of the advertising approved.
- D. The lack of the option to opt in.
Answer: D
Explanation:
Section: (none)
NEW QUESTION # 52
What was the main failing of Convention 108 that led to the creation of the Data Protection Directive (Directive 95/46/EC)?
- A. Its penalties for violations of data protection rights were widely viewed as r sufficient.
- B. It did not include protections for sensitive personal data
- C. IT did not account for the rapid growth of the Internet
- D. It was implemented in a fragmented manner by a small number of states.
Answer: A
NEW QUESTION # 53
Which kind of privacy notice, originally advocated by the Article 29 Working Party, is commonly recommended tor Al-based technologies because of the way it provides processing information at specific points of data collection?
- A. Visualization notice.
- B. Privacy dashboard notice
- C. Layered notice.
- D. Just-in-lime notice.
Answer: B
NEW QUESTION # 54
Articles 13 and 14 of the GDPR provide details on the obligation of data controllers to inform data subjects when collecting personal dat a. However, both articles specify an exemption for situations in which the data subject already has the information.
Which other situation would also exempt the data controller from this obligation under Article 14?
- A. When the personal data was obtained through multiple source in the public domain
- B. When the personal data was obtained 5 years before the entry into force of the GDPR
- C. When providing the information would involve a disproportionate effort
- D. When providing the information would go against a police order.
Answer: C
Explanation:
According to Article 14 of the GDPR, the data controller must provide the data subject with certain information when collecting personal data from a source other than the data subject1. However, there are some exceptions to this obligation, such as when the data subject already has the information, or when the provision of such information proves impossible or would involve a disproportionate effort2. The latter exception may apply, for example, when the personal data are collected from a large number of sources, or when the personal data are processed for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes3. The data controller must take appropriate measures to protect the data subject's rights and interests, and make the information publicly available2. Reference: 1: Art. 14 GDPR - Information to be provided where personal data have not been obtained from the data subject2: Article 14(5)(b) of the GDPR3: Recital 62 of the GDPR.
NEW QUESTION # 55
SCENARIO
Please use the following to answer the next question:
ABC Hotel Chain and XYZ Travel Agency are U.S.-based multinational companies. They use an internet-based common platform for collecting and sharing their customer data with each other, in order to integrate their marketing efforts. Additionally, they agree on the data to be stored, how reservations will be booked and confirmed, and who has access to the stored data.
Mike, an EU resident, has booked travel itineraries in the past through XYZ Travel Agency to stay at ABC Hotel Chain's locations. XYZ Travel Agency offers a rewards program that allows customers to sign up to accumulate points that can later be redeemed for free travel. Mike has signed the agreement to be a rewards program member.
Now Mike wants to know what personal information the company holds about him. He sends an email requesting access to his data, in order to exercise what he believes are his data subject rights.
What is the time period in which Mike should receive a response to his request?
- A. Not more than thirty days after submission of Mike's request.
- B. Not more than one month of receipt of Mike's request.
- C. When all the information about Mike has been collected.
- D. Not more than two months after verifying Mike's identity.
Answer: B
Explanation:
According to the GDPR, the right of access by the data subject is one of the rights granted to individuals to obtain information about the processing of their personal data by a data controller1. The data controller must provide a copy of the personal data undergoing processing and additional information, such as the purposes, the categories, the recipients, the retention period, the rights, the source, and the automated decision-making of the processing1. The data controller must also inform the data subject of the existence of the right to access and the means to exercise it2.
The GDPR also specifies the time limit for responding to a data subject access request. The data controller must provide the information without undue delay and in any event within one month of receipt of the request1. This period may be extended by two further months where necessary, taking into account the complexity and number of the requests, but the data controller must inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay1. The data controller must also verify the identity of the data subject before providing the information, but this verification should not extend the time limit for responding to the request3.
In this scenario, Mike is an EU resident who has booked travel itineraries through XYZ Travel Agency and stayed at ABC Hotel Chain's locations. Both companies are U.S.-based multinational companies that use a common platform for collecting and sharing their customer data. Mike has signed the agreement to be a rewards program member of XYZ Travel Agency. Mike wants to know what personal information the company holds about him and sends an email requesting access to his data.
Assuming that both companies are subject to the GDPR, either because they offer goods or services to individuals in the EU or because they monitor the behavior of individuals in the EU4, they must comply with the right of access by the data subject and provide Mike with the information he requests. The time period in which Mike should receive a response to his request is not more than one month of receipt of his request, unless there are grounds for extending the period by two further months. The companies must also verify Mike's identity before providing the information, but this verification should not affect the time limit for responding to the request.
Therefore, the correct answer is A. Not more than one month of receipt of Mike's request.
NEW QUESTION # 56
What is true of both the General Data Protection Regulation (GDPR) and the Council of Europe Convention
108?
- A. Both govern international transfers of personal data
- B. Both only apply to European Union countries
- C. Both require notification of processing activities to a supervisory authority
- D. Both govern the manual processing of personal data
Answer: C
Explanation:
Explanation/Reference: https://rm.coe.int/090000168093b851
NEW QUESTION # 57
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 purpose of the request from the customer is in line with the GDPR.
- B. Verify that the identity of the customer can be proven by other means.
- C. Verify that the personal data has not already been sent to the customer.
- D. Verify that the request is applicable to the data collected before the GDPR entered into force.
Answer: D
Explanation:
Reference https://fpf.org/wp-content/uploads/2018/11/GDPR_CCPA_Comparison-Guide.pdf
NEW QUESTION # 58
What is a reason the European Court of Justice declared the Data Retention Directive invalid in 2014?
- A. The requirements had limitations on how national authorities could use data.
- B. The requirements were financially burdensome to EU businesses.
- C. The requirements specified that data must be held within the EU.
- D. The requirements affected individuals without exception.
Answer: A
Explanation:
Reference https://www.loc.gov/law/help/eu-data-retention-directive/eu.php#:~:text=In%20April%202014%2C
%20the%20Grand,proportionality%20in%20forging%20the%20Directive.
NEW QUESTION # 59
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.
Based on current trends in European privacy practices, which aspect of Brady Box' Online Behavioral Advertising (OBA) is most likely to be insufficient if the company becomes established in Europe?
- A. The level of security within the website.
- B. The contract with the third-party advertising network.
- C. The need to have the contents of the advertising approved.
- D. The lack of the option to opt in.
Answer: D
Explanation:
Section: (none)
Explanation
Online Behavioural Advertising (OBA) means the collection of data from a particular computer or device regarding web viewing behaviours over time and across multiple web domains not under Common Control for the purpose of using such data to predict web user preferences or interests to deliver online advertising to that particular computer or device based on the preferences or interests inferred from such web viewing behaviours1. OBA is subject to the EU law on consent to the processing of personal data, which requires a clear affirmative action by the data subject indicating his or her agreement to the processing2. The consent must be freely given, specific, informed and unambiguous, and it can be withdrawn at any time2. The consent must also be obtained prior to the collection and use of data for OBA purposes3. Therefore, Brady Box's OBA practice is most likely to be
NEW QUESTION # 60
Which of the following countries will continue to enjoy adequacy status under the GDPR, pending any future European Commission decision to the contrary?
- A. Greece
- B. Norway
- C. Switzerland
- D. Australia
Answer: C
Explanation:
Reference https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/ adequacy-decisions_en
NEW QUESTION # 61
SCENARIO
Please use the following to answer the next question:
You have just been hired by a toy manufacturer based in Hong Kong. The company sells a broad range of dolls, action figures and plush toys that can be found internationally in a wide variety of retail stores. Although the manufacturer has no offices outside Hong Kong and in fact does not employ any staff outside Hong Kong, it has entered into a number of local distribution contracts. The toys produced by the company can be found in all popular toy stores throughout Europe, the United States and Asia. A large portion of the company's revenue is due to international sales.
The company now wishes to launch a new range of connected toys, ones that can talk and interact with children. The CEO of the company is touting these toys as the next big thing, due to the increased possibilities offered: The figures can answer children's questions on various subjects, such as mathematical calculations or the weather. Each figure is equipped with a microphone and speaker and can connect to any smartphone or tablet via Bluetooth. Any mobile device within a 10-meter radius can connect to the toys via Bluetooth as well.
The figures can also be associated with other figures (from the same manufacturer) and interact with each other for an enhanced play experience.
When a child asks the toy a question, the request is sent to the cloud for analysis, and the answer is generated on cloud servers and sent back to the figure. The answer is given through the figure's integrated speakers, making it appear as though that the toy is actually responding to the child's question. The packaging of the toy does not provide technical details on how this works, nor does it mention that this feature requires an internet connection. The necessary data processing for this has been outsourced to a data center located in South Africa. However, your company has not yet revised its consumer-facing privacy policy to indicate this.
In parallel, the company is planning to introduce a new range of game systems through which consumers can play the characters they acquire in the course of playing the game. The system will come bundled with a portal that includes a Near-Field Communications (NFC) reader. This device will read an RFID tag in the action figure, making the figure come to life onscreen. Each character has its own stock features and abilities, but it is also possible to earn additional ones by accomplishing game goals. The only information stored in the tag relates to the figures' abilities. It is easy to switch characters during the game, and it is possible to bring the figure to locations outside of the home and have the character's abilities remain intact.
In light of the requirements of Article 32 of the GDPR (related to the Security of Processing), which practice should the company institute?
- A. Include three-factor authentication before each use by a child in order to ensure the best level of security possible.
- B. Encrypt the data in transit over the wireless Bluetooth connection.
- C. Include dual-factor authentication before each use by a child in order to ensure a minimum amount of security.
- D. Insert contractual clauses into the contract between the toy manufacturer and the cloud service provider, since South Africa is outside the European Union.
Answer: B
NEW QUESTION # 62
Which of the following Convention 108+ principles, as amended in 2018, is NOT consistent with a principle found in the GDPR?
- A. The obligation of companies to declare data breaches.
- B. The requirement to demonstrate compliance to a supervisory authority.
- C. The necessity of the bulk collection of personal data by the government.
Answer: B
NEW QUESTION # 63
Jerry the Chief Marketing Officer for a sports apparel and trophy company, sells products to schools and athletic clubs globally Recently the company has decided to invest in a new line of customized sports equipment Jerry plans to email his current customer base to offer them a discount on their first purchase of such equipment.
Jerry tells Kate, the Director of Privacy, about his plan. What is the best guidance Kate can provide to Jerry?
- A. Require Jerry to include an option to opt out of marketing emails in the future
- B. Require Jerry to send all current customers a second notice to allow them to opt-in to marketing emails
- C. Permit Jerry to carry out his plan on the basis of marketing similar products to existing customers.
- D. Permit Jerry to carry out his marketing plan on the basis of legitimate interest
Answer: B
NEW QUESTION # 64
For which of the following operations would an employer most likely be justified in requesting the data subject's consent?
- A. Assessing a potential employee's job application.
- B. Processing an employee's health certificate in order to provide sick leave.
- C. Posting an employee's bicycle race photo on the company's social media.
- D. Operating a CCTV system on company premises.
Answer: C
NEW QUESTION # 65
Which EU institution is vested with the competence to propose new data protection legislation on its own initiative?
- A. The European Council
- B. The European Commission
- C. The Council of the European Union
- D. The European Parliament
Answer: C
NEW QUESTION # 66
With the issue of consent, the GDPR allows member states some choice regarding what?
- A. The age at which children must be required to obtain parental consent
- B. The mechanisms through which consent may be communicated
- C. The timeframe in which data subjects are allowed to withdraw their consent
- D. The circumstances in which silence or inactivity may constitute consent
Answer: A
NEW QUESTION # 67
Under the GDPR, where personal data is not obtained directly from the data subject, a controller is exempt from directly providing information about processing to the data subject if?
- A. The processing of the data subject's data is protected by appropriate technical measures
- B. The data subject already has information regarding how his data will be used
- C. Third-party data would be disclosed by providing such information to the data subject
- D. The provision of such information to the data subject would be too problematic
Answer: B
Explanation:
Reference https://dataprivacymanager.net/gdpr-exemptions-from-the-obligation-to-provide-information-to-the- individual-data-subject/
NEW QUESTION # 68
What is the key difference between the European Council and the Council of the European Union?
- A. The European Council is comprised of the heads of each EU member state.
Section: (none)
Explanation - B. The Council of the European Union is helmed by a president.
- C. The European Council focuses primarily on issues involving human rights.
- D. The Council of the European Union has a degree of legislative power.
Answer: A
NEW QUESTION # 69
SCENARIO
Please use the following to answer the next question:
Anna and Frank both work at Granchester University. Anna is a lawyer responsible for data protection, while Frank is a lecturer in the engineering department. The University maintains a number of types of records:
Student records, including names, student numbers, home addresses, pre-university information, university attendance and performance records, details of special educational needs and financial information.
Staff records, including autobiographical materials (such as curricula, professional contact files, student evaluations and other relevant teaching files).
Alumni records, including birthplaces, years of birth, dates of matriculation and conferrals of degrees. These records are available to former students after registering through Granchester's Alumni portal. Department for Education records, showing how certain demographic groups (such as first-generation students) could be expected, on average, to progress. These records do not contain names or identification numbers.
Under their security policy, the University encrypts all of its personal data records in transit and at rest.
In order to improve his teaching, Frank wants to investigate how his engineering students perform in relational to Department for Education expectations. He has attended one of Anna's data protection training courses and knows that he should use no more personal data than necessary to accomplish his goal. He creates a program that will only export some student data: previous schools attended, grades originally obtained, grades currently obtained and first time university attended. He wants to keep the records at the individual student level. Mindful of Anna's training, Frank runs the student numbers through an algorithm to transform them into different reference numbers. He uses the same algorithm on each occasion so that he can update each record over time.
One of Anna's tasks is to complete the record of processing activities, as required by the GDPR. After receiving her email reminder, as required by the GDPR. After receiving her email reminder, Frank informs Anna about his performance database.
Ann explains to Frank that, as well as minimizing personal data, the University has to check that this new use of existing data is permissible. She also suspects that, under the GDPR, a risk analysis may have to be carried out before the data processing can take place. Anna arranges to discuss this further with Frank after she has done some additional research.
Frank wants to be able to work on his analysis in his spare time, so he transfers it to his home laptop (which is not encrypted). Unfortunately, when Frank takes the laptop into the University he loses it on the train. Frank has to see Anna that day to discuss compatible processing. He knows that he needs to report security incidents, so he decides to tell Anna about his lost laptop at the same time.
Which of the University's records does Anna NOT have to include in her record of processing activities?
- A. Department for Education records
- B. Staff and alumni records
- C. Frank's performance database
- D. Student records
Answer: C
NEW QUESTION # 70
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 controller's obligations to obtain a child's consent
- C. Violations of a data subject"s rights
- D. Failure to appoint a data protection officer.
Answer: C
Explanation:
The GDPR establishes a two-tier system of administrative fines for infringements of its provisions, depending on the nature, gravity, and duration of the infringement, as well as other factors such as the intentional or negligent character of the infringement, the actions taken to mitigate the damage, the degree of co-operation with the supervisory authority, and any previous infringements1. The lower tier of fines can be up to 10 million euros or 2% of the total worldwide annual turnover of the preceding financial year, whichever is higher1. The lower tier of fines applies to infringements of the GDPR relating to the following aspects1:
The obligations of the controller and the processor pursuant to Articles 8, 11, 25 to 39, and 42 and 43; The obligations of the certification body pursuant to Articles 42 and 43; The obligations of the monitoring body pursuant to Article 41 (4). The higher tier of fines can be up to 20 million euros or 4% of the total worldwide annual turnover of the preceding financial year, whichever is higher1. The higher tier of fines applies to infringements of the GDPR relating to the following aspects1:
The basic principles for processing, including conditions for consent, pursuant to Articles 5, 6, 7, and 9; The data subjects' rights pursuant to Articles 12 to 22; The transfers of personal data to a recipient in a third country or an international organisation pursuant to Articles 44 to 49; Any obligations pursuant to Member State law adopted under Chapter IX; Non-compliance with an order or a temporary or definitive limitation on processing or the suspension of data flows by the supervisory authority pursuant to Article 58 (2) or failure to provide access in violation of Article 58 (1). Therefore, higher fines are assessed for GDPR violations due to violations of a data subject's rights, as these are among the infringements that fall under the higher tier of fines. Data subjects' rights are the rights granted to individuals whose personal data are processed by controllers or processors, such as the right to access, rectify, erase, restrict, object, or port their data, as well as the right to be informed, to withdraw consent, and to lodge a complaint1. Violations of these rights can cause significant harm to the data subjects and undermine the objectives of the GDPR. Therefore, option D is the correct answer. Reference: Art. 83 GDPR - General conditions for imposing administrative fines, Article 83 GDPR - GDPRhub
NEW QUESTION # 71
An entity's website stores text files on EU users' computer and mobile device browsers. Prior to doing so, the entity is required to provide users with notices containing information and consent under which of the following frameworks?
- A. General Data Protection Regulation 2016/679.
- B. E-Commerce Directive 2000/31/EC.
- C. Data Protection Directive 95/46/EC.
- D. E-Privacy Directive 2002/58/EC.
Answer: D
NEW QUESTION # 72
How is the retention of communications traffic data for law enforcement purposes addressed by European data protection law?
- A. The Data Retention Directive's annulment makes such data retention now permissible.
- B. The ePrivacy Directive harmonizes EU member states' rules concerning such data retention.
- C. The ePrivacy Directive allows individual EU member states to engage in such data retention.
- D. The GDPR allows the retention of such data for the prevention, investigation, detection or prosecution of criminal offences only.
Answer: B
Explanation:
The ePrivacy Directive is a European Union (EU) directive that aims to protect the confidentiality of electronic communications and prevent their indiscriminate interception or monitoring. It was adopted in 2002 and amended in 2009. It applies to all providers of electronic communication services, such as internet service providers, mobile network operators, and online platforms12.
One of the main objectives of the ePrivacy Directive is to ensure that the retention of communications traffic data for law enforcement purposes is subject to strict conditions and safeguards. Communications traffic data refers to any information relating to the transmission or routing of electronic communications, such as IP addresses, timestamps, and metadata3. Such data can be used by competent national authorities for the prevention, investigation, detection or prosecution of criminal offences and safeguarding national security4.
However, the ePrivacy Directive does not allow individual EU member states to engage in such data retention without harmonizing their rules. Article 6(1)(b) of the directive states that "Member States shall ensure that any measures taken by them in relation to the retention of traffic data are consistent with this Directive". Therefore, each EU member state must adopt a national law that complies with the requirements and limitations set by the directive12.
The Data Retention Directive (DRD) was a previous EU directive that aimed to establish a common framework for the retention of communications traffic data for law enforcement purposes across all EU member states. It was adopted in 2006 and amended in 2010. However, it was annulled by the Court of Justice of the European Union (CJEU) in 2014 on procedural grounds. The CJEU found that some provisions of the DRD were inconsistent with other EU directives and principles, such as Article 8(2) of the Charter of Fundamental Rights (CFR), which protects individuals from arbitrary interference with their privacy56.
The GDPR is a new EU regulation that implements some aspects of the DRD into national law through its provisions on processing personal data. However, it does not address directly the issue of communications traffic data retention for law enforcement purposes. Instead, it requires providers to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk involved in processing personal data. These measures include encryption, pseudonymisation, access control, and accountability7 . The GDPR also grants individuals certain rights regarding their personal data, such as access, rectification, erasure, portability, and objection7 .
Therefore, under current EU law, there is no single legal basis for retaining communications traffic data for law enforcement purposes across all EU member states. Each member state must adopt its own national law that respects the principles and limitations established by the ePrivacy Directive.
Reference:
ePrivacy Directive
ePrivacy Regulation
What is Communications Traffic Data?
How is Communications Traffic Data Retained?
Data Retention Directive
Data Retention Directive annulled by CJEU
General Data Protection Regulation
What are your rights regarding your personal data?
NEW QUESTION # 73
Which of the following does NOT have to be included in the records most processors must maintain in relation to their data processing activities?
- A. Details of transfers of personal data to a third country carried out on behalf of each controller for which the processor is acting.
- B. Details of any data protection impact assessment conducted in relation to any processing activities carried out by the processor on behalf of each controller for which the processor is acting.
- C. Categories of processing carried out on behalf of each controller for which the processor is acting.
- D. Name and contact details of each controller on behalf of which the processor is acting.
Answer: A
Explanation:
Explanation/Reference: https://gdpr-info.eu/art-30-gdpr/
NEW QUESTION # 74
WP29's "Guidelines on Personal data breach notification under Regulation 2016/679'' provides examples of ways to communicate data breaches transparently. Which of the following was listed as a method that would NOT be effective for communicating a breach to data subjects?
- A. A postal notification
- B. A notice on a corporate blog
- C. A direct electronic message
- D. A prominent advertisement in print media
Answer: B
NEW QUESTION # 75
Under Article 80(1) of the GDPR, individuals can elect to be represented by not-for-profit organizations in a privacy group litigation or class action. These organizations are commonly known as?
- A. Constitutional rights organizations.
- B. Civil society organizations.
- C. Human rights organizations.
- D. Law firm organizations.
Answer: B
Explanation:
Article 80(1) of the GDPR states that the data subject shall have the right to mandate a not-for-profit body, organisation or association which has been properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public interest, and is active in the field of the protection of data subjects' rights and freedoms with regard to the protection of their personal data to lodge the complaint on his or her behalf, to exercise the rights referred to in Articles 77, 78 and 79 on his or her behalf, and to exercise the right to receive compensation referred to in Article 82 on his or her behalf1. These not-for-profit bodies, organisations or associations are commonly referred to as civil society organizations, as they represent the interests of citizens and groups in the public sphere2. The other options are not correct because: (A) Law firm organizations are not necessarily not-for-profit or active in the field of data protection; Human rights organizations are a subset of civil society organizations, but not all civil society organizations are focused on human rights; (D) Constitutional rights organizations are also a subset of civil society organizations, but not all civil society organizations are concerned with constitutional rights. Reference: 1: Article 80(1) of the GDPR; 2: Free CIPP/E Study Guide, page 48.
NEW QUESTION # 76
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