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| Section | Weight | Objectives |
|---|---|---|
| Introduction to European Data Protection | 7%–13% | - EU institutions, legislative framework and legal structure - Core principles and foundational concepts of data protection - Historical background and evolution of European privacy law |
| European Data Processing | 20%–30% | - Information obligations: privacy notices, transparency requirements - International data transfers: rules, mechanisms, safeguards - Basis for processing: consent, contract, legal obligation, vital interests, public task, legitimate interest - Processing for specific purposes: employment, marketing, research, surveillance |
| European Data Protection: Scope and Accountability | 17%–25% | - Supervisory authorities: structure, powers, cooperation, consistency mechanism - Enforcement: penalties, remedies, liability, appeals - Territorial and material scope of GDPR application - Accountability obligations: documentation, records, impact assessments |
| European Data Protection Law and Regulation | 18%–28% | - Roles: controller, processor, joint controllers, representatives - Key definitions: personal data, special categories, pseudonymous/anonymous data - Lawful processing principles and conditions - Data subject rights and how to uphold them |
| Compliance with European Data Protection Law and Regulation | 15%–22% | - Security of processing: technical and organizational measures - Compliance programs, audits, and governance frameworks - Data Protection Officer (DPO): appointment, role, duties - Breach notification: requirements, timelines, procedures |
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298. Frage
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 the required access.
How should the company respond to Jack's request to be forgotten?
Antwort: C
Begründung:
According to the GDPR, the right to be forgotten, also known as the right to erasure, is not an absolute right and only applies in certain circumstances1. One of the exceptions to this right is when the processing of personal data is necessary for the establishment, exercise or defence of legal claims2. In this scenario, the company may need to retain the personal data of Jack, such as his employment records, performance reviews, and internal emails, in order to defend itself against a possible legal action of unfair dismissal. Therefore, the company should not erase the data at this time, unless it is confident that it has no legal basis to keep it. The company should also inform Jack of the reasons for not complying with his request and of his right to lodge a complaint with a supervisory authority or a judicial remedy3. References: 1: Everything you need to know about the "Right to be forgotten"2: Article 17(3)(e) of the GDPR3: Article 12(4) of the GDPR.
299. Frage
Under which of the following conditions does the General Data Protection Regulation NOT apply to the processing of personal data?
Antwort: D
Begründung:
Reference https://gdpr-info.eu/art-6-gdpr/
300. Frage
How is the retention of communications traffic data for law enforcement purposes addressed by European data protection law?
Antwort: B
Begründung:
The ePrivacy Directive is a European Union (EU) directive that aims to protect the confidentiality of electronic communications and prevent their indiscriminate interception or monitoring. It was adopted in 2002 and amended in 2009. It applies to all providers of electronic communication services, such as internet service providers, mobile network operators, and online platforms12.
One of the main objectives of the ePrivacy Directive is to ensure that the retention of communications traffic data for law enforcement purposes is subject to strict conditions and safeguards. Communications traffic data refers to any information relating to the transmission or routing of electronic communications, such as IP addresses, timestamps, and metadata3. Such data can be used by competent national authorities for the prevention, investigation, detection or prosecution of criminal offences and safeguarding national security4.
However, the ePrivacy Directive does not allow individual EU member states to engage in such data retention without harmonizing their rules. Article 6(1)(b) of the directive states that "Member States shall ensure that any measures taken by them in relation to the retention of traffic data are consistent with this Directive". Therefore, each EU member state must adopt a national law that complies with the requirements and limitations set by the directive12.
The Data Retention Directive (DRD) was a previous EU directive that aimed to establish a common framework for the retention of communications traffic data for law enforcement purposes across all EU member states. It was adopted in 2006 and amended in 2010. However, it was annulled by the Court of Justice of the European Union (CJEU) in 2014 on procedural grounds. The CJEU found that some provisions of the DRD were inconsistent with other EU directives and principles, such as Article 8(2) of the Charter of Fundamental Rights (CFR), which protects individuals from arbitrary interference with their privacy56.
The GDPR is a new EU regulation that implements some aspects of the DRD into national law through its provisions on processing personal data. However, it does not address directly the issue of communications traffic data retention for law enforcement purposes. Instead, it requires providers to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk involved in processing personal data. These measures include encryption, pseudonymisation, access control, and accountability7 . The GDPR also grants individuals certain rights regarding their personal data, such as access, rectification, erasure, portability, and objection7 .
Therefore, under current EU law, there is no single legal basis for retaining communications traffic data for law enforcement purposes across all EU member states. Each member state must adopt its own national law that respects the principles and limitations established by the ePrivacy Directive.
Reference:
ePrivacy Directive
ePrivacy Regulation
What is Communications Traffic Data?
How is Communications Traffic Data Retained?
Data Retention Directive
Data Retention Directive annulled by CJEU
General Data Protection Regulation
What are your rights regarding your personal data?
301. Frage
Read the following steps:
Discover which employees are accessing cloud services and from which devices and apps Lock down the data in those apps and devices Monitor and analyze the apps and devices for compliance Manage application life cycles Monitor data sharing An organization should perform these steps to do which of the following?
Antwort: A
Begründung:
Reference https://www.itproportal.com/features/heading-off-the-spectre-of-gdpr-compliance-with-secure-byod/
302. Frage
SCENARIO
Please use the following to answer the next question:
Brady is a computer programmer based in New Zealand who has been running his own business for two years. Brady's business provides a low-cost suite of services to customers throughout the European Economic Area (EEA). The services are targeted towards new and aspiring small business owners. Brady's company, called Brady Box, provides web page design services, a Social Networking Service (SNS) and consulting services that help people manage their own online stores.
Unfortunately, Brady has been receiving some complaints. A customer named Anna recently uploaded her plans for a new product onto Brady Box's chat area, which is open to public viewing. Although she realized her mistake two weeks later and removed the document, Anna is holding Brady Box responsible for not noticing the error through regular monitoring of the website. Brady believes he should not be held liable.
Another customer, Felipe, was alarmed to discover that his personal information was transferred to a third- party contractor called Hermes Designs and worries that sensitive information regarding his business plans may be misused. Brady does not believe he violated European privacy rules. He provides a privacy notice to all of his customers explicitly stating that personal data may be transferred to specific third parties in fulfillment of a requested service. Felipe says he read the privacy notice but that it was long and complicated Brady continues to insist that Felipe has no need to be concerned, as he can personally vouch for the integrity of Hermes Designs. In fact, Hermes Designs has taken the initiative to create sample customized banner advertisements for customers like Felipe. Brady is happy to provide a link to the example banner ads, now posted on the Hermes Designs webpage. Hermes Designs plans on following up with direct marketing to these customers.
Brady was surprised when another customer, Serge, expressed his dismay that a quotation by him is being used within a graphic collage on Brady Box's home webpage. The quotation is attributed to Serge by first and last name. Brady, however, was not worried about any sort of litigation. He wrote back to Serge to let him know that he found the quotation within Brady Box's Social Networking Service (SNS), as Serge himself had posted the quotation. In his response, Brady did offer to remove the quotation as a courtesy.
Despite some customer complaints, Brady's business is flourishing. He even supplements his income through online behavioral advertising (OBA) via a third-party ad network with whom he has set clearly defined roles. Brady is pleased that, although some customers are not explicitly aware of the OBA, the advertisements contain useful products and services.
Under the General Data Protection Regulation (GDPR), what is the most likely reason Serge may have grounds to object to the use of his quotation?
Antwort: A
303. Frage
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