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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q47-Q52):

NEW QUESTION # 47
Which of the following would NOT be relevant when determining if a processing activity would be considered profiling?

A. If the processing involves data that is considered personal data
B. If the processing is used to predict the behavior of data subjects
C. If the processing is to be performed by a third-party vendor
D. If the processing of the data is done through automated means

Answer: B

NEW QUESTION # 48
Which GDPR requirement will present the most significant challenges for organizations with Bring Your Own Device (BYOD) programs?

A. Data controllers must be in control of the data they hold at all times.
B. Processing of special categories of personal data on a large scale requires appointing a DPO.
C. Data subjects must be sufficiently informed of the purposes for which their personal data is processed.
D. Personal data of data subjects must always be accurate and kept up to date.

Answer: A

Explanation:
According to the Free CIPP/E Study Guide, page 12, "the GDPR requires data controllers to implement appropriate technical and organizational measures to ensure and to be able to demonstrate that processing is performed in accordance with the GDPR. These measures should take into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons." The GDPR also requires data controllers to ensure the security of personal data, to notify data breaches to the supervisory authorities and data subjects, and to cooperate with the supervisory authorities in providing any information necessary for the performance of their tasks. Therefore, the GDPR requirement that data controllers must be in control of the data they hold at all times will present the most significant challenges for organizations with BYOD programs, as they will have to deal with the increased risks of data loss, theft, unauthorized access, or misuse that may arise from the use of personal devices by employees or contractors. The other options are not necessarily more challenging for organizations with BYOD programs, although they may involve other obligations under the GDPR, such as obtaining a valid legal basis, providing adequate safeguards, or informing the data subjects. References:
* Free CIPP/E Study Guide, page 12
* GDPR, Articles 24, 25, 28, 32, 33, 34 and 58

NEW QUESTION # 49
In which of the following cases would an organization MOST LIKELY be required to follow both ePrivacy and data protection rules?

A. When creating an untargeted pop-up ad on a website.
B. When emailing a customer to announce that his recent order should arrive earlier than expected.
C. When paying a search engine company to give prominence to certain products and services within specific search results.
D. When calling a potential customer to notify her of an upcoming product sale.

Answer: C

Explanation:
The ePrivacy Directive (ePD) and the General Data Protection Regulation (GDPR) are two EU laws that regulate different aspects of personal data processing. The ePD focuses on electronic communications and the use of cookies and similar technologies, while the GDPR covers the broader principles and rights of data protection. Both laws apply to any organization that processes personal data of individuals in the EU, regardless of where the organization is located.
Option D involves both electronic communication and personal data processing, and therefore requires compliance with both ePD and GDPR. Paying a search engine company to give prominence to certain products and services within specific search results implies the use of cookies or similar technologies to track the online behavior of users and target them with personalized ads. This requires the consent of the users under the ePD, as well as the provision of clear and comprehensive information about the purpose and scope of the data processing. Moreover, the organization must comply with the GDPR requirements for data protection by design and by default, data minimization, data security, data subject rights, and accountability.
Option A only involves the use of cookies or similar technologies, and therefore only requires compliance with the ePD. Creating an untargeted pop-up ad on a website does not involve the processing of personal data, as the ad is not based on the online behavior or preferences of the users. However, the organization must still obtain the consent of the users for the use of cookies or similar technologies, and provide them with clear and comprehensive information about the purpose and scope of the data processing.
Option B only involves the processing of personal data, and therefore only requires compliance with the GDPR. Calling a potential customer to notify her of an upcoming product sale involves the collection and use of the customer's personal data, such as name, phone number, and purchase history. The organization must have a lawful basis for the data processing, such as consent, contract, or legitimate interest, and must respect the data subject rights, such as the right to object, the right to access, and the right to erasure.
Option C only involves the processing of personal data, and therefore only requires compliance with the GDPR. Emailing a customer to announce that his recent order should arrive earlier than expected involves the use of the customer's personal data, such as name, email address, and order details. The organization must have a lawful basis for the data processing, such as consent, contract, or legitimate interest, and must respect the data subject rights, such as the right to object, the right to access, and the right to erasure. References:
* Free CIPP/E Study Guide, page 15, section 2.3.3
* CIPP/E Certification, page 10, section 1.1.2
* Cipp-e Study guides, Class notes & Summaries, document "CIPP/E Exam Summary 2023", page 42, section 2.3.3
* ePrivacy: The EU's other data protection rule
* The New Rules of Data Privacy
* A guide to GDPR data privacy requirements
* A guide to the data protection principles

NEW QUESTION # 50
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.
Under Article 82 of the GDPR ("Right to compensation and liability-), which party is liable for the damage caused by the data breach?

A. The pharmaceutical company is liable.
B. Jack and the pharmaceutical company are jointly liable.
C. Jack is liable
D. Both parties are exempt, as the company is involved in human health research

Answer: B

NEW QUESTION # 51
What is the MAIN reason GDPR Article 4(22) establishes the concept of the "concerned supervisory authority"?

A. To ensure the GDPR covers controllers that do not have an establishment in the EU but have a representative in a member state.
B. To give corporations a choice about who their supervisory authority will be.
C. To ensure that the interests of individuals residing outside the lead authority's jurisdiction are represented.
D. To encourage the consistency of local data processing activity.

Answer: C

Explanation:
According to GDPR Article 4(22), a supervisory authority is concerned by the processing of personal data if the data subjects residing in its member state are substantially affected or likely to be substantially affected by the processing, or if a complaint has been lodged with it. This concept is mainly introduced to ensure that the rights and interests of data subjects are protected by the supervisory authorities that are closest to them, regardless of where the controller or processor is established or where the lead supervisory authority is located. The concerned supervisory authorities have the right to participate in the one-stop-shop and consistency mechanisms, and to express their views and objections on the draft decisions of the lead supervisory authority. They also have the duty to cooperate and assist each other in the performance of their tasks. References: GDPR Article 4(22), GDPR Article 60, GDPR Article 63, The role of the 'supervisory authority concerned' (Chapter 3.1 ...

NEW QUESTION # 52
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John Lewis John Lewis

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