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| Section | Weight | Objectives |
|---|---|---|
| European Data Protection Law and Regulation | 18%–28% | - Data subject rights and how to uphold them - Key definitions: personal data, special categories, pseudonymous/anonymous data - Lawful processing principles and conditions - Roles: controller, processor, joint controllers, representatives |
| European Data Processing | 20%–30% | - Basis for processing: consent, contract, legal obligation, vital interests, public task, legitimate interest - Information obligations: privacy notices, transparency requirements - Processing for specific purposes: employment, marketing, research, surveillance - International data transfers: rules, mechanisms, safeguards |
| Compliance with European Data Protection Law and Regulation | 15%–22% | - Data Protection Officer (DPO): appointment, role, duties - Breach notification: requirements, timelines, procedures - Security of processing: technical and organizational measures - Compliance programs, audits, and governance frameworks |
| Introduction to European Data Protection | 7%–13% | - Core principles and foundational concepts of data protection - Historical background and evolution of European privacy law - EU institutions, legislative framework and legal structure |
| European Data Protection: Scope and Accountability | 17%–25% | - Enforcement: penalties, remedies, liability, appeals - Territorial and material scope of GDPR application - Accountability obligations: documentation, records, impact assessments - Supervisory authorities: structure, powers, cooperation, consistency mechanism |
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NEW QUESTION # 272
In 2016's Guidance, the United Kingdom's Information Commissioner's Office (ICO) reaffirmed the importance of using a "layered notice" to provide data subjects with what?
Answer: B
Explanation:
Explanation
NEW QUESTION # 273
Which GDPR requirement will present the most significant challenges for organizations with Bring Your Own Device (BYOD) programs?
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. Reference:
Free CIPP/E Study Guide, page 12
GDPR, Articles 24, 25, 28, 32, 33, 34 and 58
NEW QUESTION # 274
Which of the following regulates the use of electronic communications services within the European Union?
Answer: C
Explanation:
Directive 2002/58/EC, also known as the ePrivacy Directive, regulates the use of electronic communications services within the European Union. It covers issues such as confidentiality of communications, processing of traffic and location data, spam, cookies, and security breaches. It complements and particularises Directive 95/46/EC, also known as the Data Protection Directive, which sets out the general principles for the protection of personal data in the EU. The ePrivacy Directive was amended by Directive 2009/136/EC, which introduced new provisions on consent, cookies, and breach notification. The ePrivacy Directive is currently under review and will be replaced by a new Regulation on Privacy and Electronic Communications (ePrivacy Regulation), which is still being negotiated by the EU institutions. Reference: Directive 2002/58/EC, Directive 2009/136/EC, [ePrivacy Regulation]
NEW QUESTION # 275
SCENARIO
Please use the following to answer the next question:
Joe is the new privacy manager for Who-R-U, a Canadian business that provides DNA analysis. The company is headquartered in Montreal, and all of its employees are located there. The company offers its services to Canadians only: Its website is in English and French, it accepts only Canadian currency, and it blocks internet traffic from outside of Canada (although this solution doesn't prevent all non-Canadian traffic). It also declines to process orders that request the DNA report to be sent outside of Canada, and returns orders that show a non-Canadian return address.
Bob, the President of Who-R-U, thinks there is a lot of interest for the product in the EU, and the company is exploring a number of plans to expand its customer base.
The first plan, collegially called We-Track-U, will use an app to collect information about its current Canadian customer base. The expansion will allow its Canadian customers to use the app while traveling abroad. He suggests that the company use this app to gather location information. If the plan shows promise, Bob proposes to use push notifications and text messages to encourage existing customers to pre-register for an EU version of the service. Bob calls this work plan, We-Text-U. Once the company has gathered enough pre- registrations, it will develop EU-specific content and services.
Another plan is called Customer for Life. The idea is to offer additional services through the company's app, like storage and sharing of DNA information with other applications and medical providers. The company's contract says that it can keep customer DNA indefinitely, and use it to offer new services and market them to customers. It also says that customers agree not to withdraw direct marketing consent. Paul, the marketing director, suggests that the company should fully exploit these provisions, and that it can work around customers' attempts to withdraw consent because the contract invalidates them.
The final plan is to develop a brand presence in the EU. The company has already begun this process. It is in the process of purchasing the naming rights for a building in Germany, which would come with a few offices that Who-R-U executives can use while traveling internationally. The office doesn't include any technology or infrastructure; rather, it's simply a room with a desk and some chairs.
On a recent trip concerning the naming-rights deal, Bob's laptop is stolen. The laptop held unencrypted DNA reports on 5,000 Who-R-U customers, all of whom are residents of Canada. The reports include customer name, birthdate, ethnicity, racial background, names of relatives, gender, and occasionally health information.
The Customer for Life plan may conflict with which GDPR provision?
Answer: B
Explanation:
The Customer for Life plan may conflict with Article 7 of the GDPR, which states that "the data subject shall have the right to withdraw his or her consent at any time" and that "it shall be as easy to withdraw as to give consent" 1. The plan violates this principle by stating that customers agree not to withdraw direct marketing consent and that the company can ignore any attempts to do so. This is not a valid way of obtaining or maintaining consent, as consent must be freely given, specific, informed and unambiguous 2. Moreover, the plan may also conflict with Article 21 of the GDPR, which gives data subjects the right to object to direct marketing at any time 3. References: 1: Article 7(3) of the GDPR 2: Article 4(11) of the GDPR 3: Article 21 (2) of the GDPR I hope this helps. If you have any other questions, please feel free to ask. #
NEW QUESTION # 276
What is true if an employee makes an access request to his employer for any personal data held about him?
Answer: A
Explanation:
According to the UK GDPR, employees have the right to access and receive a copy of their personal data, and other supplementary information, from their employer. This is known as a data subject access request (DSAR). Employers must respond to a DSAR without delay and within one month of receipt of the request, unless the request is complex or excessive. Employers should perform a reasonable search for the requested information and provide it in an accessible, concise and intelligible format. Employers can only refuse to provide the information if an exemption or restriction applies, or if the request is manifestly unfounded or excessive. Some of the exemptions that may apply in the employment context are: legal privilege, management forecasting, confidential references, negotiations, regulatory functions, and criminal convictions and offences. Employers should disclose the information securely and inform the employee of their rights and the source of the data. Reference:
Right of access | ICO
Subject access request Q and As for employers | ICO
Data Subject Access Request (Employers' Guide) | DavidsonMorris
NEW QUESTION # 277
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