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[General] Latest CIPP-E Exam Question - Valid Exam CIPP-E Practice

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【General】 Latest CIPP-E Exam Question - Valid Exam CIPP-E Practice

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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q103-Q108):NEW QUESTION # 103
A data controller appoints a data protection officer. Which of the following conditions would NOT result in an infringement of Articles 37 to 39 of the GDPR?
  • A. If the data protection officer also manages the marketing budget.
  • B. If the data protection officer is provided by the data processor.
  • C. If the data protection officer lacks ISO 27001 auditor certification.
  • D. If the data protection officer receives instructions from the data controller.
Answer: C
Explanation:
Reference: https://www.itgovernance.eu/fr-l ... o-under-the-gdpr-lu A data controller appointing a data protection officer who lacks ISO 27001 auditor certification would not result in an infringement of Articles 37 to 39 of the GDPR. According to Article 37 (5) of the GDPR, the data protection officer must bedesignated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and the ability to fulfil the tasks referred to in Article 39 1. However, the GDPR does not specify any formal qualifications or certifications that the data protection officer must have, and leaves it to the discretion of the controller or the processor to determine the level of expertise required, depending on the complexity and sensitivity of the data processing activities 2. Therefore, the lack of ISO
27001 auditor certification, which is a standard for information security management systems, does not necessarily mean that the data protection officer is not qualified or competent for the role.
The other options are incorrect because they would result in an infringement of Articles 37 to 39 of the GDPR. According to Article 37 (6) of the GDPR, the data protection officer may be a staff member of the controller or the processor, or fulfil the tasks on the basis of a service contract 1. However, the data protection officer must be independent and report directly to the highest management level of the controller or theprocessor 3. Therefore, if the data protection officer is provided by the data processor, there may be a conflict of interest or a lack of autonomy, which would violate Article 38 (3) and (6) of the GDPR 4.
According to Article 38 (6) of the GDPR, the data protection officer may fulfil other tasks and duties, provided that they do not result in a conflict of interests 4. However, managing the marketing budget would likely involve a conflict of interests, as the data protection officer would have to oversee and advise on the data processing activities related to marketing, which may not be compatible with his or her role as a data protection officer 5. Therefore, if the data protection officer also manages the marketing budget, this would infringe Article 38 (6) of the GDPR 4.
According to Article 38 (3) of the GDPR, the data protection officer must not receive any instructions regarding the exercise of his or her tasks 4. The data protection officer must act in an independent manner and perform the tasks assigned by the GDPR, such as informing and advising the controller or the processor and the employees, monitoring compliance, cooperating with the supervisory authority, and acting as the contact point for data subjects and the supervisory authority 6. Therefore, if the data protection officer receives instructions from the data controller, this would infringe Article 38 (3) of the GDPR 4. References: 1: Article
37 of the GDPR 2: Guidelines on Data Protection Officers ('DPOs') 3: Article 38 (2) of the GDPR 4: Article
38 of the GDPR 5: Data protection officer (DPO) | European Commission 6: Article 39 of the GDPR

NEW QUESTION # 104
Which institution has the power to adopt findings that confirm the adequacy of the data protection level in a non-EU country?
  • A. The European Parliament
  • B. The Article 29 Working Party
  • C. The European Commission
  • D. The European Council
Answer: C
Explanation:
According to Article 45 of the GDPR, the European Commission has the power to determine, on the basis of an assessment, whether a non-EU country, a territory or a sector within that country, or an international organisation ensures an adequate level of data protection. This means that the data protection rules and standards in that country or organisation are equivalent to those in the EU. The effect of an adequacy decision is that personal data can flow freely from the EU to that country or organisation without any further safeguards or authorisations. The European Commission has adopted adequacy decisions for several countries and organisations, such as Japan, Canada, and the EU-US Data Privacy Framework. Reference: Data protection adequacy for non-EU countries, Adequate Level of Protection

NEW QUESTION # 105
Which mechanism, new to the GDPR, now allows for the possibility of personal data transfers to third countries under Article 42?
  • A. Approved certifications.
  • B. Binding corporate rules.
  • C. Law enforcement requests.
  • D. Standard contractual clauses.
Answer: A

NEW QUESTION # 106
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 Asi a. 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. Include dual-factor authentication before each use by a child in order to ensure a minimum amount of security.
  • C. Insert contractual clauses into the contract between the toy manufacturer and the cloud service provider, since South Africa is outside the European Union.
  • D. Encrypt the data in transit over the wireless Bluetooth connection.
Answer: D
Explanation:
According to Article 32 of the GDPR, the controller and the processor must implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk of processing personal data, taking into account the state of the art, the costs of implementation, and the nature, scope, context and purposes of processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. The GDPR also provides some examples of such measures, including the pseudonymisation and encryption of personal data, the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services, the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident, and a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
In this scenario, the company is processing personal data of children, such as their voice, questions, preferences, and location, through the connected toys that use a wireless Bluetooth connection to communicate with smartphones, tablets, cloud servers, and other toys. This poses a high risk to the security of the data, as Bluetooth is a short-range wireless technology that can be easily intercepted, hacked, or compromised by malicious actors. Therefore, the company should encrypt the data in transit over the Bluetooth connection, to prevent unauthorized access, disclosure, or alteration of the data. Encryption is a process of transforming data into an unreadable form, using a secret key or algorithm, that can only be reversed by authorized parties who have the corresponding key or algorithm. Encryption can protect the data from being accessed or modified by anyone who does not have the key or algorithm, thus ensuring the confidentiality and integrity of the data.
The other options are incorrect because:
B) Including dual-factor authentication before each use by a child in order to ensure a minimum amount of security is not a sufficient measure to protect the data in transit over the Bluetooth connection. Dual-factor authentication is a process of verifying the identity of a user by requiring two pieces of evidence, such as a password and a code sent to a phone or email. While this may enhance the security of the user's account or device, it does not protect the data that is transmitted over the wireless connection, which can still be intercepted, hacked, or compromised by malicious actors. Moreover, dual-factor authentication may not be suitable or convenient for children, who may not have access to a phone or email, or who may forget their passwords or codes.
C) Including three-factor authentication before each use by a child in order to ensure the best level of security possible is not a necessary or proportionate measure to protect the data in transit over the Bluetooth connection. Three-factor authentication is a process of verifying the identity of a user by requiring three pieces of evidence, such as a password, a code sent to a phone or email, and a biometric feature, such as a fingerprint or a face scan. While this may provide a high level of security for the user's account or device, it does not protect the data that is transmitted over the wireless connection, which can still be intercepted, hacked, or compromised by malicious actors. Furthermore, three-factor authentication may not be appropriate or feasible for children, who may not have access to a phone or email, or who may not have reliable biometric features, or who may find the process too complex or cumbersome.
D) Inserting contractual clauses into the contract between the toy manufacturer and the cloud service provider, since South Africa is outside the European Union, is not a relevant measure to protect the data in transit over the Bluetooth connection. Contractual clauses are legal agreements that specify the obligations and responsibilities of the parties involved in a data transfer, such as the level of data protection, the rights of data subjects, and the remedies for breaches. While contractual clauses may be necessary to ensure the compliance of the data transfer to South Africa, which is a non-EU country that does not have an adequacy decision from the European Commission, they do not address the security of the data that is transmitted over the wireless connection, which can still be intercepted, hacked, or compromised by malicious actors. Moreover, contractual clauses are not a technical or organisational measure, but a legal measure, that falls under a different provision of the GDPR, namely Article 46.

NEW QUESTION # 107
In 2016's Guidance, the United Kingdom's Information Commissioner's Office (ICO) reaffirmed the importance of using a "layered notice" to provide data subjects with what?
  • A. A privacy notice explaining the consequences for opting out of the use of cookies on a website.
  • B. A privacy notice containing brief information whilst offering access to further detail.
  • C. An efficient means of providing written consent in member states where they are required to do so.
  • D. An explanation of the security measures used when personal data is transferred to a third party.
Answer: B

NEW QUESTION # 108
......
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