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IAPP CIPP-E (Certified Information Privacy Professional/Europe) exam is a certification program that aims to establish a comprehensive understanding of the privacy laws and regulations in Europe. Certified Information Privacy Professional/Europe (CIPP/E) certification program is designed for individuals who are responsible for managing and protecting personal data, such as data protection officers, privacy professionals, and legal professionals. The CIPP-E Exam is recognized globally and is considered one of the most prestigious certifications in the field of data protection and privacy. IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q99-Q104):NEW QUESTION # 99
Which GDPR principle would a Spanish employer most likely depend upon to annually send the personal data of its employees to the national tax authority?
A. The protection of the vital interest of the employees.
B. The consent of the employees.
C. The legal obligation of the employer.
D. The legitimate interest of the public administration.
Answer: C
Explanation:
According to Article 6 of the GDPR, the processing of personal data is only lawful if and to the extent that at least one of the following applies:
the data subject has given consent to the processing of his or her personal data for one or more specific purposes; processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; processing is necessary for compliance with a legal obligation to which the controller is subject; processing is necessary in order to protect the vital interests of the data subject or of another natural person; processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
In this case, the Spanish employer would most likely depend on the legal obligation of the employer as the lawful basis for sending the personal data of its employees to the national tax authority. This is because the employer is subject to the tax laws and regulations of Spain, which require the employer to report the income and deductions of its employees to the tax authority on an annual basis. The employer must comply with this legal obligation, and the processing of the employees' personal data is necessary for this purpose. The employer does not need to obtain the consent of the employees, as consent is not a valid basis for processing personal data where there is a clear imbalance between the data subject and the controller, such as in the context of employment. The employer also does not need to rely on the legitimate interest of the public administration, as this is not a specific purpose for which the employer is processing the personal data, but rather a general interest that may be served by the tax authority. The employer also does not need to invoke the protection of the vital interest of the employees, as this basis only applies in situations where the processing is necessary to protect someone's life, such as in a medical emergency. Reference: Article 6 GDPR - Lawfulness of processing - General Data Protection Regulation (GDPR), Lawful basis for processing | ICO, Legal obligation as a lawful basis for processing personal data under the GDPR, [Consent in the employment context | ICO], [Vital interests | ICO]
NEW QUESTION # 100
A key component of the OECD Guidelines is the "Individual Participation Principle". What parts of the General Data Protection Regulation (GDPR) provide the closest equivalent to that principle?
A. The rights granted to data subjects under Articles 12 to 22
B. The breach notification requirements specified in Articles 33 and 34
C. The lawful processing criteria stipulated by Articles 6 to 9
D. The information requirements set out in Articles 13 and 14
Answer: A
NEW QUESTION # 101
If a multi-national company wanted to conduct background checks on all current and potential employees, including those based in Europe, what key provision would the company have to follow?
A. Background checks may not be allowed on European employees, but the company can create lists based on its legitimate interests, identifying individuals who are ineligible for employment.
B. Background checks on employees could be performed only under prior notice to all employees.
C. Background checks are only authorized with prior notice and express consent from all employees including those based in Europe.
D. Background checks on European employees will stem from data protection and employment law, which can vary between member states.
Answer: D
NEW QUESTION # 102
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. Notify as soon as possible the data protection supervisory authority that a data breach may have taken place.
B. Launch an investigation and if nothing is found within one month, notify the data protection supervisory authority.
C. Invoke the "disproportionate effort" exception under Article 33 to postpone notifying data subjects until more information can be gathered.
D. Immediately notify all the customers of the company that their information has been accessed by an unauthorized person.
Answer: A
Explanation:
The GDPR requires that in the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent in accordance with Article 55, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons1. A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed2. In this scenario, the company ABCD is the controller of the client data, and the loss of the memory stick containing unencrypted and clear text personal data is a personal data breach that may pose a risk to the rights and freedoms of the data subjects, such as identity theft, fraud, financial loss, or reputational damage. Therefore, the company ABCD should notify the data protection supervisory authority as soon as possible, and provide the information specified in Article 33(3) of the GDPR, such as the nature of the breach, the categories and number of data subjects and personal data records concerned, the likely consequences of the breach, and the measures taken or proposed to address the breach1. Option A is the correct answer, as it reflects the obligation of the controller under the GDPR. Options B, C and D are incorrect, as they do not comply with the GDPR requirements. Option B would delay the notification beyond the 72-hour deadline, which could result in administrative fines or other sanctions3. Option C would misuse the "disproportionate effort" exception, which only applies to the communication of the breach to the data subjects, not to the notification to the supervisory authority, and only when the controller has implemented appropriate technical and organisational protection measures, such as encryption, that render the personal data unintelligible to any person who is not authorised to access it4. Option D would prematurely notify the customers of the company without first notifying the supervisory authority, and without assessing the level of risk and the necessity of such communication, which should be done in consultation with the supervisory authority5. References: 1: Article 33(1) of the GDPR 2: Article 4 (12) of the GDPR 3: Article 83(4)(a) of the GDPR 4: Article 34(3)(a) of the GDPR 5: Article 34(1) and (2) of the GDPR
NEW QUESTION # 103
To receive a preliminary interpretation on provisions of the GDPR, a national court will refer its case to which of the following?
A. The European Data Protection Supervisor.
B. The European Data Protection Board.
C. The European Court of Human Rights.
D. The Court of Justice of the European Union.
Answer: D
Explanation:
Reference:
The Court of Justice of the European Union (CJEU) is the judicial body of the EU that makes decisions on issues of EU law and enforces European decisions either in respect to actions taken by the European Commission against a member state or actions taken by individuals to enforce their rights under EU law. The CJEU consists of two courts: the Court of Justice and the General Court. The CJEU ensures the uniform interpretation and application of EU law across the EU and settles disputes between EU institutions, member states, and individuals.
According to the EU Treaties, EU Member-States' courts may - or, in case no appeal from their decisions is possible, must - ask the CJEU to rule on the interpretation and validity of disputed provisions of EU law. Such decisions are known as preliminary rulings, by which the CJEU expresses its ultimate authority to interpret EU law and which are binding for all national courts in the EU when they apply those specific provisions in individual cases. Since May 2018 - when the GDPR became applicable across the EU -, the CJEU has played an important role in clarifying the meaning and scope of some of its key concepts. For instance, the Court notably ruled that two parties as different as a website owner that has embedded a Facebook plugin and Facebook may be qualified as joint controllers by taking converging decisions ( Fashion ID case ), that consent for online data processing is not validly expressed through pre-ticked boxes ( Planet49 case) and that the European Commission Decision to grant adequacy to the EU-US Privacy Shield framework is invalid as a mechanism for international data transfers, and supplemental measures may be necessary to lawfully transfer data outside of the EU on the basis of Commission-vetted model clauses (in the Schrems II case ).
Therefore, to receive a preliminary interpretation on provisions of the GDPR, a national court will refer its case to the Court of Justice of the European Union, which is the ultimate authority on EU law and the GDPR.
GDPR
Court of Justice of the European Union
Court of Justice of the European Union - International Association of Privacy Professionals Judicial enforcement of EU law | European Foundation for the Improvement of Living and Working Conditions
[Competences of the Court of Justice of the European Union]