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Pass Guaranteed Quiz CIPP-E - Accurate Well Certified Information Privacy Profes
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These are IAPP CIPP-E desktop software and web-based. As the name suggests, desktop IAPP CIPP-E practice exam software works offline on Windows computers and you need an active internet connection to operate the IAPP CIPP-E web-based practice test. Both CIPP-E practice exams mimic the IAPP CIPP-E actual test, identify your mistakes, offer customizable CIPP-E mock tests, and help you overcome mistakes.
The CIPP-E exam covers various topics, including EU data protection laws and regulations, privacy frameworks and concepts, data processing and retention, data subject rights, privacy impact assessments, and incident management and response. CIPP-E exam is designed to test an individual's knowledge of the European data protection landscape and their ability to apply privacy principles and practices to real-world scenarios. CIPP-E exam consists of 90 multiple-choice questions that must be answered in 2.5 hours.
IAPP CIPP-E (Certified Information Privacy Professional/Europe) Certification Exam is a globally recognized certification that focuses on data privacy laws and regulations in the European Union. Certified Information Privacy Professional/Europe (CIPP/E) certification is designed for privacy professionals who are looking to enhance their knowledge and skills in the field of data protection and privacy. The CIPP-E Exam covers a variety of topics such as GDPR, ePrivacy, data transfers, and data breaches, among others. Passing the CIPP-E exam demonstrates that an individual has a thorough understanding of the European data protection landscape and can effectively navigate the complexities of the EU's privacy laws.
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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q99-Q104):NEW QUESTION # 99
SCENARIO
Please use the following to answer the next question:
Financially, it has been a very good year at ARRA Hotels: Their 21 hotels, located in Greece (5), Italy (15) and Spain (1), have registered their most profitable results ever. To celebrate this achievement, ARRA Hotels' Human Resources office, based in ARRA's main Italian establishment, has organized a team event for its 420 employees and their families at its hotel in Spain.
Upon arrival at the hotel, each employee and family member is given an electronic wristband at the reception desk. The wristband serves a number of functions:
. Allows access to the "party zone" of the hotel, and emits a buzz if the user approaches any unauthorized areas
. Allows up to three free drinks for each person of legal age, and emits a buzz once this limit has been reached
. Grants a unique ID number for participating in the games and contests that have been planned.
Along with the wristband, each guest receives a QR code that leads to the online privacy notice describing the use of the wristband. The page also contains an unchecked consent checkbox. In the case of employee family members under the age of 16, consent must be given by a parent.
Among the various activities planned for the event, ARRA Hotels' HR office has autonomously set up a photocall area, separate from the main event venue, where employees can come and have their pictures taken in traditional carnival costume.
The photos will be posted on ARRA Hotels' main website for general marketing purposes.
On the night of the event, an employee from one of ARRA's Greek hotels is displeased with the results of the photos in which he appears. He intends to file a complaint with the relevant supervisory authority in regard to the following:
. The lack of any privacy notice in the separate photocall area
The unlawful cross-border processing of his personal data
. The unacceptable aesthetic outcome of his photos
Why would consent NOT be considered an adequate legal basis for accessing the party zone?
- A. The consent is not freely given.
- B. The consent is not in writing.
- C. The consent is not completely unambiguous.
- D. The consent is not sufficiently informed.
Answer: A
Explanation:
Consent is one of the legal bases for processing personal data under the GDPR, but it must meet certain conditions to be valid. According to Article 4(11) of the GDPR, consent means "any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her." In this scenario, consent would not be considered an adequate legal basis for accessing the party zone, because it is not freely given. Freely given consent means that the data subject has a genuine and free choice to agree or disagree to the processing, and that there is no detriment, coercion, or significant negative consequences if the data subject does not consent. However, in this case, the consent is conditional on accessing the party zone, which is the main purpose of the event. Therefore, the data subject does not have a real choice, and may feel pressured or obliged to consent in order to participate in the event. This violates the principle of free consent, and could invalidate the consent as a legal basis.
References:
*GDPR Article 4 - Definitions1
*GDPR Article 7 - Conditions for consent2
*Guidelines 05/2020 on consent under Regulation 2016/6793
NEW QUESTION # 100
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. Request that the other supervisory authorities provide the lead authority with a draft decision for its consideration.
- C. Request that members of the seconding supervisory authority and the host supervisory authority co-draft a decision.
- D. Submit a draft decision to other supervisory authorities for their opinion.
Answer: D
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 # 101
What is an important difference between the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU) in relation to their roles and functions?
- A. ECHR can enforce human rights laws against governments that fail to implement them, while the CJEU cannot.
- B. ECHR can rule on issues concerning privacy as a fundamental right, while the CJEU cannot.
- C. CJEU can force national governments to implement and honor EU law, while the ECHR cannot.
- D. CJEU can hear appeals on human rights decisions made by national courts, while the ECHR cannot.
Answer: C
NEW QUESTION # 102
To comply with the GDPR and the EU Court of Justice's decision in Schrems II, the European Commission issued what are commonly referred to as the new standard contractual clauses (SCCs). As a result, businesses must do all of the following EXCEPT?
- A. Migrate all contracts entered into before September 27, 2021, that use the old SCCs to the new SCCs by December 27, 2022.
- B. Consider the new optional docking clause, which expressly permits adding new parties to the SCCs.
- C. Take steps to flow down the new SCCs to relevant parts of their supply chain using the new SCCs as of September 27, 2021, if the business is a data importer.
- D. Implement the new SCCs in the U.K. following Brexit, as the U.K. Information Commissioner's Office does not have the authority to publish its own set of SCCs.
Answer: D
Explanation:
The General Data Protection Regulation (GDPR) introduces a mechanism for personal data transfers to third countries or international organisations that do not ensure an adequate level of data protection, based on approved certifications. According to Article 46 of the GDPR, contractual clauses ensuring appropriate data protection safeguards can be used as a ground for data transfers from the EU to third countries. This includes model contract clauses - so-called standard contractual clauses (SCCs) - that have been "pre-approved" by the European Commission.
On 4 June 2021, the Commission issued modernised standard contractual clauses under the GDPR for data transfers from controllers or processors in the EU/EEA (or otherwise subject to the GDPR) to controllers or processors established outside the EU/EEA (and not subject to the GDPR). These modernised SCCs replace the three sets of SCCs that were adopted under the previous Data Protection Directive 95/46. The Commission developed Questions and Answers (Q&As) to provide practical guidance on the use of the SCCs and assist stakeholders in their compliance efforts under the GDPR.
The Q&As state that businesses must do all of the following:
Consider the new optional docking clause, which expressly permits adding new parties to the SCCs. According to the Q&As, the docking clause allows controllers and processors that are not part of the original contract to accede to the SCCs at a later stage, either as data exporters or importers. This clause is intended to facilitate the use of the SCCs in complex processing chains and to avoid the need to enter into multiple contracts.
Migrate all contracts entered into before September 27, 2021, that use the old SCCs to the new SCCs by December 27, 2022. According to the Q&As, the old SCCs will be repealed on September 27, 2021. However, contracts concluded before that date on the basis of the old SCCs will remain valid until December 27, 2022, provided that the processing operations that are the subject matter of the contract remain unchanged and that reliance on those clauses ensures that the transfer of personal data is subject to appropriate safeguards within the meaning of Article 46(1) of the GDPR. After December 27, 2022, the old SCCs will no longer provide a valid legal basis for data transfers to third countries, and the new SCCs will have to be used instead.
Take steps to flow down the new SCCs to relevant parts of their supply chain using the new SCCs as of September 27, 2021, if the business is a data importer. According to the Q&As, the new SCCs require data importers to enter into contracts with any subprocessors that process the personal data transferred under the SCCs, and to include in those contracts the same data protection obligations as those imposed on the data importer under the SCCs. This means that data importers must ensure that the new SCCs are flowed down to their subprocessors as of September 27, 2021, and that any changes in the subprocessors are notified to the data exporter, who has the right to object.
The Q&As do not state that businesses must do the following:
Implement the new SCCs in the U.K. following Brexit, as the U.K. Information Commissioner's Office does not have the authority to publish its own set of SCCs. This is not a valid statement, as the U.K. has its own data protection regime after leaving the EU, and the U.K. Information Commissioner's Office (ICO) has the power to issue its own SCCs for data transfers from the U.K. to third countries. According to the ICO website, the ICO is currently developing bespoke U.K. SCCs, which will be subject to a public consultation and an opinion from the European Data Protection Board (EDPB). Until the U.K. SCCs are finalised, the ICO advises businesses to continue to use the EU SCCs for new contracts, as these clauses have been recognised as a valid transfer mechanism under the U.K. data protection law. However, the ICO also warns businesses that they may need to amend the EU SCCs to reflect that the U.K. is no longer an EU member state, and that they will need to update their contracts to the U.K. SCCs once they are available.
Reference:
GDPR, Articles 3, 4, 28, 29, 32, 44, 45, 46, 47, 48 and 49.
New Standard Contractual Clauses - Questions and Answers overview, paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11.
Standard Contractual Clauses (SCC), paragraphs 1, 2, 3, 4, 5, 6, 7 and 8.
[Using international data transfers], paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10.
NEW QUESTION # 103
SCENARIO
Please use the following to answer the next question:
Jack worked as a Pharmacovigiliance Operations Specialist in the Irish office of a multinational pharmaceutical company on a clinical trial related to COVID-19. As part of his onboarding process Jack received privacy training He was explicitly informed that while he would need to process confidential patient data in the course of his work, he may under no circumstances use this data for anything other than the performance of work-related (asks This was also specified in the privacy policy, which Jack signed upon conclusion of the training.
After several months of employment, Jack got into an argument with a patient over the phone. Out of anger he later posted the patient's name and hearth information, along with disparaging comments, on a social media website. When this was discovered by his Pharmacovigilance supervisors. Jack was immediately dismissed Jack's lawyer sent a letter to the company stating that dismissal was a disproportionate sanction, and that if Jack was not reinstated within 14 days his firm would have no alternative but to commence legal proceedings against the company. This letter was accompanied by a data access request from Jack requesting a copy of "all personal data, including internal emails that were sent/received by Jack or where Jack is directly or indirectly identifiable from the contents * In relation to the emails Jack listed six members of the management team whose inboxes he required access.
The company conducted an initial search of its IT systems, which returned a large amount of information They then contacted Jack, requesting that he be more specific regarding what information he required, so that they could carry out a targeted search Jack responded by stating that he would not narrow the scope of the information requester.
What would be the most appropriate response to Jacks data subject access request?
- A. The company should cite the need for an extension, and agree to provide the information requested in Jack's original DSAR within a period of 3 months.
- B. The company should decline to provide any information, as the amount of information requested is too excessive to provide in one month.
- C. The company should not provide any information, as the company is headquartered outside of the EU.
- D. The company should provide all requested information except for the emails, as they are excluded from data access request requirements under the GDPR.
Answer: B
Explanation:
According to Article 15 of the GDPR, data subjects have the right to access and receive a copy of their personal data, and other supplementary information, from the data controller1. However, this right is not absolute and may be subject to limitations or restrictions. One of the grounds for refusing or limiting a data subject access request (DSAR) is when the request is manifestly unfounded or excessive, in particular because of its repetitive character1. In such cases, the controller may either charge a reasonable fee, taking into account the administrative costs of providing the information, or refuse to act on the request1. The controller must inform the data subject of the reasons for not taking action and of the possibility of lodging a complaint with a supervisory authority or seeking a judicial remedy1.
In this scenario, Jack's DSAR is likely to be considered excessive, as he requests a copy of all personal data, including internal emails, that were sent or received by him or where he is directly or indirectly identifiable from the contents. This is a very broad and vague request, which would require the company to search and review a large amount of information, and potentially disclose confidential or sensitive data about other employees or third parties. The company has already contacted Jack, asking him to be more specific about what information he requires, but he refused to narrow the scope of his request. Therefore, the company has a valid reason to decline to provide any information, as the amount of information requested is too excessive to provide in one month, which is the general time limit for responding to a DSAR under the GDPR1. Therefore, option B is the correct answer.
Option A is incorrect because the company's headquarters location is irrelevant for the purpose of the DSAR, as the GDPR applies to any processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not2. The company has an establishment in Ireland, where Jack worked, and therefore is subject to the GDPR.
Option C is incorrect because the company cannot agree to provide the information requested in Jack's original DSAR within a period of 3 months, as this would violate the data subject's right of access and the principle of accountability under the GDPR. The company can only extend the time limit to respond to a DSAR by a further two months if the request is complex or if the controller receives a number of requests from the same data subject1. However, the company must inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay1. In this case, the company has not done so, and has instead asked Jack to be more specific about his request.
Option D is incorrect because the company cannot provide all requested information except for the emails, as this would not comply with the data subject's right of access and the principle of transparency under the GDPR. The company must provide the data subject with a copy of the personal data undergoing processing, unless this adversely affects the rights and freedoms of others1. The emails are part of the personal data undergoing processing, and the company cannot exclude them from the DSAR without a valid reason. The company must also provide the data subject with the following supplementary information, unless the data subject already has it1:
the purposes of the processing;
the categories of personal data concerned;
the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal data are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Reference:
Right of access
Territorial scope
NEW QUESTION # 104
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