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One of the key benefits of obtaining a CIPP-E Certification is that it demonstrates to employers and clients that an individual has a deep understanding of privacy and data protection laws and regulations. This can be particularly valuable given the increasing importance of privacy and data protection in today's digital world, where data breaches and privacy violations are becoming more common.
IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q14-Q19):
NEW QUESTION # 14
SCENARIO
Please use the following to answer the next question:
WonderkKids provides an online booking service for childcare. Wonderkids is based in France, but hosts its website through a company in Switzerland. As part of their service, WonderKids will pass all personal data provided to them to the childcare provider booked through their system. The type of personal data collected on the website includes the name of the person booking the childcare, address and contact details, as well as information about the children to be cared for including name, age, gender and health information. The privacy statement on Wonderkids' website states the following:
"WonderkKids provides the information you disclose to us through this website to your childcare provider for scheduling and health and safety reasons. We may also use your and your child's personal information for our own legitimate business purposes and we employ a third-party website hosting company located in Switzerland to store the data. Any data stored on equipment located in Switzerland meets the European Commission provisions for guaranteeing adequate safeguards for you and your child's personal information.
We will only share you and your child's personal information with businesses that we see as adding real value to you. By providing us with any personal data, you consent to its transfer to affiliated businesses and to send you promotional offers."
"We may retain you and your child's personal information for no more than 28 days, at which point the data will be depersonalized, unless your personal information is being used for a legitimate business purpose beyond 28 days where it may be retained for up to 2 years."
"We are processing you and your child's personal information with your consent. If you choose not to provide certain information to us, you may not be able to use our services. You have the right to: request access to you and your child's personal information; rectify or erase you or your child's personal information; the right to correction or erasure of you and/or your child's personal information; object to any processing of you and your child's personal information. You also have the right to complain to the supervisory authority about our data processing activities." What additional information must Wonderkids provide in their Privacy Statement?
- A. Technical and organizational measures to protect data.
- B. How often promotional emails will be sent.
- C. The categories of recipients with whom data will be shared.
- D. Contact information of the hosting company.
Answer: C
Explanation:
According to Article 13 of the GDPR, when personal data are collected from the data subject, the data controller must provide the data subject with the following information, among others1:
* The identity and the contact details of the controller and, where applicable, of the controller's representative;
* The contact details of the data protection officer, where applicable;
* The purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
* The recipients or categories of recipients of the personal data, if any;
* Where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available.
In the scenario, Wonderkids provides some of this information in their Privacy Statement, but not all. They do not specify the categories of recipients with whom they will share the personal data of their customers and their children. They only state that they will share the data with businesses that they see as adding real value to the customers, which is vague and ambiguous. This does not comply with the GDPR requirement to inform the data subjects about the recipients or categories of recipients of their personal data, if any. Therefore, Wonderkids must provide this additional information in their Privacy Statement.
References:
* 1: Art. 13 GDPR Information to be provided where personal data are collected from the data subject
NEW QUESTION # 15
The GDPR requires controllers to supply data subjects with detailed information about the processing of their data. Where a controller obtains data directly from data subjects, which of the following items of information does NOT legally have to be supplied?
- A. The recipients or categories of recipients.
- B. The categories of personal data concerned.
- C. The rights of access, erasure, restriction, and portability.
- D. The right to lodge a complaint with a supervisory authority.
Answer: B
Explanation:
According to Article 13 of the GDPR, when a controller obtains personal data directly from the data subject, the controller must provide the data subject with certain information about the processing of their data, such as the identity and contact details of the controller, the purposes and legal basis of the processing, the recipients or categories of recipients, the period of storage, the rights of the data subject, the right to lodge a complaint, etc. However, the controller does not have to provide the data subject with the categories of personal data concerned, as this information is already known by the data subject, since they provided the data themselves. This is different from Article 14, which applies when the controller obtains personal data from a source other than the data subject, and requires the controller to inform the data subject of the categories of personal data concerned, as well as the source of the data. References:
* Art. 13 GDPR - Information to be provided where personal data are collected from the data subject
* Art. 14 GDPR - Information to be provided where personal data have not been obtained from the data subject
* Article 13: Information to be provided where personal data are collected from the data subject - GDPR Reference: https://gdpr-info.eu/art-13-gdpr/
NEW QUESTION # 16
An online company's privacy practices vary due to the fact that it offers a wide variety of services. How could it best address the concern that explaining them all would make the policies incomprehensible?
- A. Provide only general information about its processing activities and offer a toll-free number for more information.
- B. Use a layered privacy notice on its website and in its email communications.
- C. Identify uses of data in a privacy notice mailed to the data subject.
- D. Place a banner on its website stipulating that visitors agree to its privacy policy and terms of use by visiting the site.
Answer: B
Explanation:
The GDPR requires that the information provided to data subjects about the processing of their personal data must be concise, transparent, intelligible and easily accessible, using clear and plain language1. However, this can be challenging when the processing activities are complex, diverse or voluminous. Therefore, a good practice is to use a layered privacy notice, which consists of providing a short notice with the key elements of the privacy information, such as the identity of the controller, the purposes and legal basis of the processing, the recipients of the data, the data subject's rights, and the contact details of the data protection officer or the supervisory authority. The short notice can then contain links to more detailed information, either by expanding each section or by directing the user to a separate page or document. This way, the user can easily access the information that is most relevant or important to them, without being overwhelmed by a long and complex notice23. A layered privacy notice can be used on websites, in emails, in mobile apps, or in any other medium where space or attention span is limited4. References: 1 Art. 12 GDPR - Transparent information, communication and modalities for the exercise of the rights of the data subject - General Data Protection Regulation (GDPR)2 Layered Notice - International Association of Privacy Professionals3 What methods can we use to provide privacy information? | ICO. 4 Layered Notice - West Virginia.
NEW QUESTION # 17
SCENARIO
Please use the following to answer the next question:
Louis, a long-time customer of Bedrock Insurance, was involved in a minor car accident a few months ago. Although no one was hurt, Louis has been plagued by texts and calls from a company called Accidentable offering to help him recover compensation for personal injury. Louis has heard about insurance companies selling customers' data to third parties, and he's convinced that Accidentable must have gotten his information from Bedrock Insurance.
Louis has also been receiving an increased amount of marketing information from Bedrock, trying to sell him their full range of their insurance policies.
Perturbed by this, Louis has started looking at price comparison sites on the internet and has been shocked to find that other insurers offer much cheaper rates than Bedrock, even though he has been a loyal customer for many years. When his Bedrock policy comes up for renewal, he decides to switch to Zantrum Insurance.
In order to activate his new insurance policy, Louis needs to supply Zantrum with information about his No Claims bonus, his vehicle and his driving history. After researching his rights under the GDPR, he writes to ask Bedrock to transfer his information directly to Zantrum. He also takes this opportunity to ask Bedrock to stop using his personal data for marketing purposes.
Bedrock supplies Louis with a PDF and XML (Extensible Markup Language) versions of his No Claims Certificate, but tells Louis it cannot transfer his data directly to Zantrum as this is not technically feasible. Bedrock also explains that Louis's contract included a provision whereby Louis agreed that his data could be used for marketing purposes; according to Bedrock, it is too late for Louis to change his mind about this. It angers Louis when he recalls the wording of the contract, which was filled with legal jargon and very confusing.
In the meantime, Louis is still receiving unwanted calls from Accidentable Insurance. He writes to Accidentable to ask for the name of the organization that supplied his details to them. He warns Accidentable that he plans to complain to the data protection authority, because he thinks their company has been using his data unlawfully. His letter states that he does not want his data being used by them in any way.
Accidentable's response letter confirms Louis's suspicions. Accidentable is Bedrock Insurance's wholly owned subsidiary, and they received information about Louis's accident from Bedrock shortly after Louis submitted his accident claim. Accidentable assures Louis that there has been no breach of the GDPR, as Louis's contract included, a provision in which he agreed to share his information with Bedrock's affiliates for business purposes.
Louis is disgusted by the way in which he has been treated by Bedrock, and writes to them insisting that all his information be erased from their computer system.
After Louis has exercised his right to restrict the use of his data, under what conditions would Accidentable have grounds for refusing to comply?
- A. If Accidentable is entitled to use of the data as an affiliate of Bedrock.
- B. If the data becomes necessary to defend Accidentable's legal rights.
- C. If the accuracy of the data is not an aspect that Louis is disputing.
- D. If Accidentable also uses the data to conduct public health research.
Answer: A
NEW QUESTION # 18
A company has collected personal data tor direct marketing purpose on the basis of consent. It is now considering using this data to develop new products through analytics. What is the company first required to do?
- A. Update the privacy notice upon which consent was given
- B. Proceed no further, as such repurposing is unlawful
- C. Obtain specific consent for the new processing
- D. Only inform the data subjects of the new purpose.
Answer: C
NEW QUESTION # 19
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