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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q27-Q32):
NEW QUESTION # 27
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 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.
- B. Details of transfers of personal data to a third country carried out on behalf of each controller for which the processor is acting.
- C. Name and contact details of each controller on behalf of which the processor is acting.
- D. Categories of processing carried out on behalf of each controller for which the processor is acting.
Answer: B
NEW QUESTION # 28
SCENARIO
Please use the following to answer the next question:
T-Craze, a German-headquartered specialty t-shirt company, was successfully selling to large German metropolitan cities. However, after a recent merger with another German-based company that was selling to a broader European market, T-Craze revamped its marketing efforts to sell to a wider audience. These efforts included a complete redesign of its logo to reflect the recent merger, and improvements to its website meant to capture more information about visitors through the use of cookies.
T-Craze also opened various office locations throughout Europe to help expand its business. While Germany continued to host T-Craze's headquarters and main product-design office, its French affiliate became responsible for all marketing and sales activities. The French affiliate recently procured the services of Right Target, a renowned marketing firm based in the Philippines, to run its latest marketing campaign. After thorough research, Right Target determined that T-Craze is most successful with customers between the ages of 18 and 22. Thus, its first campaign targeted university students in several European capitals, which yielded nearly 40% new customers for T-Craze in one quarter. Right Target also ran subsequent campaigns for T- Craze, though with much less success.
The last two campaigns included a wider demographic group and resulted in countless unsubscribe requests, including a large number in Spain. In fact, the Spanish data protection authority received a complaint from Sofia, a mid-career investment banker. Sofia was upset after receiving a marketing communication even after unsubscribing from such communications from the Right Target on behalf of T-Craze.
Which of the following is T-Craze's lead supervisory authority?
- A. T-Craze may choose its lead supervisory authority where any of its affiliates are based, because it has presence in several European countries.
- B. Germany, because that is where T-Craze is headquartered.
- C. Spain, because that is T-Craze's primary market based on its marketing campaigns.
- D. France, because that is where T-Craze conducts processing of personal information.
Answer: B
Explanation:
According to the GDPR, the lead supervisory authority is the supervisory authority with the primary responsibility for dealing with a cross-border processing activity, for example when a data subject makes a complaint about the processing of his or her personal data. The lead supervisory authority is determined according to the location of the main establishment or the single establishment of the controller or processor in the EU. The main establishment is the place where the decisions about the purposes and means of the processing are taken, or where the controller has its central administration in the EU. The single establishment is the only place where the controller or processor is established in the EU. Therefore, in this scenario, T- Craze's lead supervisory authority is Germany, because that is where T-Craze is headquartered and where it has its main product-design office, which implies that the decisions about the processing of personal data are taken there. The other options are not correct, because the location of the processing, the market or the affiliates are not relevant for determining the lead supervisory authority. References: Free CIPP/E Study Guide, page 39; CIPP/E Certification, page 19; GDPR, Article 4(16), Article 4(22), Article 56, Recital 36.
NEW QUESTION # 29
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
Explanation:
Reference https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52018PC0449&from=HU
NEW QUESTION # 30
Which marketing-related activity is least likely to be covered by the provisions of Privacy and Electronic Communications Regulations (Directive 2002/58/EC)?
- A. The use of cookies to collect data about an individual.
- B. An email from a retail outlet promoting a sale to one of their previous customer.
- C. A text message to individuals from a company offering concert tickets for sale.
- D. Advertisements passively displayed on a website.
Answer: D
Explanation:
The Privacy and Electronic Communications Regulations (PECR) are derived from the e-privacy Directive 2002/58/EC, which aims to protect the privacy and confidentiality of users of electronic communications services. The PECR cover various aspects of electronic marketing, such as the use of cookies, unsolicited communications, and traffic and location data. According to the PECR, the following marketing-related activities require the consent of the user or subscriber, unless certain exemptions apply:
The use of cookies or similar technologies to store or access information on the user's device (Regulation 6).
The sending of electronic mail for direct marketing purposes to individual subscribers who have not given their prior consent (Regulation 22).
The making of unsolicited calls for direct marketing purposes to individual subscribers who have registered their number with the Telephone Preference Service or who have objected to such calls from a specific caller (Regulation 21).
The sending of unsolicited communications for direct marketing purposes by means of electronic mail, fax, or automated calling systems to corporate subscribers, unless they have indicated that they do not wish to receive such communications (Regulation 23).
Therefore, among the four options, the one that is least likely to be covered by the provisions of the PECR is the advertisements passively displayed on a website, as they do not involve the use of cookies, the sending of unsolicited communications, or the processing of traffic or location data. However, such advertisements may still be subject to other data protection laws, such as the GDPR, if they involve the processing of personal data of the users.
Reference:
PECR
e-privacy Directive
ICO guide to PECR
NEW QUESTION # 31
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 the required access.
How should the company respond to Jack's request to be forgotten?
- A. The company should claim that the right to be forgotten is not applicable to them, as only a fraction of their global workforce resides in the European Union.
- B. The company should ensure that the information is stored outside of the European Union so that the right to be forgotten under the GDPR does not apply.
- C. The company should erase all data relating to Jack without undue delay as the right to be forgotten is an absolute right.
- D. The company should not erase the data at this time as it may be required to defend a legal claim of unfair dismissal.
Answer: A
NEW QUESTION # 32
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