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IAPP CIPP-E Exam Syllabus Topics:

Section	Objectives
Topic 1: EU Data Protection Foundations	- History and development of EU privacy law - Core principles of GDPR 1. Purpose limitation and data minimization 2. Lawfulness, fairness, transparency
Topic 2: Data Protection Governance	- Accountability and compliance measures - Roles and responsibilities 1. Data Protection Officer (DPO) 2. Data Controller and Data Processor
Topic 3: Individual Rights and Compliance	- Data breach notification requirements - Data subject rights 1. Right of access 2. Right to data portability 3. Right to erasure (right to be forgotten)
Topic 4: Regulatory Framework	- General Data Protection Regulation (GDPR) 1. Scope and territorial applicability 2. Legal bases for processing - ePrivacy Directive
Topic 5: International Data Transfers and Enforcement	- Supervisory authorities and enforcement actions - Cross-border data transfer mechanisms 1. Standard Contractual Clauses (SCCs) 2. Adequacy decisions

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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q283-Q288):

NEW QUESTION # 283
Data retention in the EU was underpinned by a legal framework established by the Data Retention Directive (2006/24/EC). Why is the Directive no longer part of EU law?

A. The Directive was annulled by the Court of Justice of the European Union.
B. The Directive was annulled by the European Court of Human Rights.
C. The Directive was superseded by the EU Directive on Privacy and Electronic Communications.
D. The Directive was superseded by the General Data Protection Regulation.

Answer: A

Explanation:
The Data Retention Directive (2006/24/EC) was a legal framework that required Member States to ensure that providers of publicly available electronic communications services or of public communications networks retained certain data for a period of between six months and two years, for the purpose of the prevention, investigation, detection and prosecution of serious crime1. However, on 8 April 2014, the Court of Justice of the European Union (CJEU) declared the Directive invalid, as it entailed a wide-ranging and particularly serious interference with the fundamental rights to respect for private life and to the protection of personal data, without limiting the access of the competent national authorities to the data retained to what was strictly necessary2. The CJEU also found that the Directive did not provide sufficient safeguards to ensure effective protection of the data against the risk of abuse and against any unlawful access and use of the data2.
Therefore, the Directive is no longer part of EU law.
References:
* Directive 2006/24/EC of the European Parliament and of the Council
* Court of Justice of the European Union PRESS RELEASE No 54/14
I hope this helps you understand the GDPR and data retention better. If you have any other questions, please feel free to ask me. #

NEW QUESTION # 284
To receive a preliminary interpretation on provisions of the GDPR, a national court will refer its case to which of the following?

A. The Court of Justice of the European Union.
B. The European Court of Human Rights.
C. The European Data Protection Supervisor.
D. The European Data Protection Board.

Answer: A

NEW QUESTION # 285
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: C

Explanation:
The Convention 108+ is the modernized version of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, which was opened for signature on 10 October 20181. The Convention 108+ aims to reinforce the individuals' protection, strengthen the implementation of the Convention, and promote it as a universal standard for data protection2. The Convention 108+ reflects the same principles as those enshrined in the EU's General Data Protection Regulation (GDPR), which applies from 25 May 20183. Therefore, the Convention 108+ and the GDPR are largely consistent and coherent in their provisions and objectives.
However, one of the principles of the Convention 108+ that is not consistent with a principle found in the GDPR is the necessity of the bulk collection of personal data by the government. The Convention 108+ allows for the possibility of bulk collection of personal data by the government for national security purposes, subject to certain safeguards and oversight mechanisms. The GDPR, on the other hand, does not regulate the processing of personal data by the government for national security purposes, as this falls outside the scope of EU law. The GDPR also does not explicitly endorse the bulk collection of personal data by the government, but rather requires that any processing of personal data must be based on a legal basis, respect the principles of data protection, and ensure the rights and freedoms of data subjects. Therefore, the correct answer is C.
References:
* Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data
* Convention 108+ and the GDPR
* General Data Protection Regulation
* [Convention 108+: the consultative committee of the convention for the protection of individuals with regard to the processing of personal data (T-PD) publishes its guidelines on artificial intelligence and data protection]
* [Article 3 GDPR - Territorial scope]
* [Article 5 GDPR - Principles relating to processing of personal data] I hope this helps you understand the Convention 108+ and the GDPR better. If you have any other questions, please feel free to ask me. #

NEW QUESTION # 286
In which case would a controller who has undertaken a DPIA most likely need to consult with a supervisory authority?

A. Where the DPIA identifies risks that will require insurance for protecting its business interests.
B. Where the DPIA identifies that the processing being proposed collects the sensitive data of EU citizens.
C. Where the DPIA identifies high risks to individuals' rights and freedoms that the controller can take steps to reduce.
D. Where the DPIA identifies that personal data needs to be transferred to other countries outside of the EEA.

Answer: C

Explanation:
According to the Free CIPP/E Study Guide, page 14, "if the DPIA indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk, the controller shall consult the supervisory authority prior to the processing." This means that the controller must seek the advice of the supervisory authority when the DPIA identifies high risks that cannot be sufficiently reduced by the controller's own measures. The other options are not necessarily cases where the consultation is required, although they may trigger other obligations under the GDPR, such as obtaining a valid legal basis, providing adequate safeguards, or informing the data subjects. Reference:
Free CIPP/E Study Guide, page 14
GDPR, Article 36

NEW QUESTION # 287
A Spanish electricity customer calls her local supplier with questions about the company's upcoming merger. Specifically, the customer wants to know the recipients to whom her personal data will be disclosed once the merger is final. According to Article 13 of the GDPR, what must the company do before providing the customer with the requested information?

A. Verify that the personal data has not already been sent to the customer.
B. Verify that the request is applicable to the data collected before the GDPR entered into force.
C. Verify that the identity of the customer can be proven by other means.
D. Verify that the purpose of the request from the customer is in line with the GDPR.

Answer: B

NEW QUESTION # 288
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