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| Section | Objectives |
|---|---|
| Topic 1: Sustaining Program Performance | - Monitor and audit privacy program - Implement continuous improvement - Measure program effectiveness |
| Topic 2: Protecting Personal Data | - Handle cross-border data transfers - Manage data subject rights - Implement privacy and security controls |
| Topic 3: Establishing Governance | - Create privacy policies and procedures - Establish reporting mechanisms - Define roles and responsibilities |
| Topic 4: Developing a Framework | - Identify applicable laws and frameworks - Establish privacy governance structure - Define program scope and stakeholders |
| Topic 5: Responding to Requests and Incidents | - Manage data breaches and incidents - Handle data subject requests - Coordinate with regulators |
| Topic 6: Assessing Data | - Manage vendor and third-party risks - Conduct data inventory and mapping - Perform privacy impact assessments |
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NEW QUESTION # 179
Under the General Data Protection Regulation (GDPR), what must be included in a written agreement between the controller and processor in relation to processing conducted on the controller's behalf?
Answer: D
Explanation:
Under the GDPR, a written agreement between the controller and processor in relation to processing conducted on the controller's behalf must include an obligation on the processor to assist the controller in complying with the controller's obligations to notify the supervisory authority about personal data breaches. This is one of the requirements under Article 28(3)(f) of the GDPR, which specifies the minimum content of such an agreement. The other options are not required by the GDPR, although they may be agreed upon by the parties as additional terms. Reference: GDPR, Article 28(3)(f).
NEW QUESTION # 180
A Privacy Threshold Analysis (PTA), Privacy Impact Assessment (PIA) and Data Protection Impact Assessment (DPIA) are conducted during what phase of a System Development Life Cycle (SDLC)?
Answer: C
NEW QUESTION # 181
SCENARIO
Please use the following to answer the next QUESTION:
Paul Daniels, with years of experience as a CEO, is worried about his son Carlton's successful venture, Gadgo.
A technological innovator in the communication industry that quickly became profitable, Gadgo has moved beyond its startup phase. While it has retained its vibrant energy, Paul fears that under Carlton's direction, the company may not be taking its risks or obligations as seriously as it needs to. Paul has hired you, a Privacy Consultant, to assess the company and report to both father and son. "Carlton won't listen to me," Paul says, "but he may pay attention to an expert." Gadgo's workplace is a clubhouse for innovation, with games, toys, snacks. espresso machines, giant fish tanks and even an iguana who regards you with little interest. Carlton, too, seems bored as he describes to you the company's procedures and technologies for data protection. It's a loose assemblage of controls, lacking consistency and with plenty of weaknesses. "This is a technology company," Carlton says. "We create. We innovate. I don't want unnecessary measures that will only slow people down and clutter their thoughts." The meeting lasts until early evening. Upon leaving, you walk through the office it looks as if a strong windstorm has recently blown through, with papers scattered across desks and tables and even the floor. A
"cleaning crew" of one teenager is emptying the trash bins. A few computers have been left on for the night, others are missing. Carlton takes note of your attention to this: "Most of my people take their laptops home with them, or use their own tablets or phones. I want them to use whatever helps them to think and be ready day or night for that great insight. It may only come once!" What phase in the Privacy Maturity Model (PMM) does Gadgo's privacy program best exhibit?
Answer: B
Explanation:
Explanation
This answer is the best way to describe the phase in the Privacy Maturity Model (PMM) that Gadgo's privacy program best exhibits, as it shows that the company has no formal or consistent approach to privacy protection and that its privacy practices are largely reactive, unplanned and uncoordinated. The ad hoc phase is the lowest level of maturity in the PMM, which is a framework that measures the effectiveness and maturity of an organization's privacy program based on five phases: ad hoc, repeatable, defined, managed and optimized. The ad hoc phase indicates that the organization has little or no awareness of its privacy obligations and risks, and that its privacy activities are dependent on individual efforts or initiatives, rather than on organizational policies or processes. References: IAPP CIPM Study Guide, page 891; ISO/IEC 27002:2013, section 18.1.1
NEW QUESTION # 182
SCENARIO
Please use the following to answer the next QUESTION:
Your organization, the Chicago (U.S.)-based Society for Urban Greenspace, has used the same vendor to operate all aspects of an online store for several years. As a small nonprofit, the Society cannot afford the higher-priced options, but you have been relatively satisfied with this budget vendor, Shopping Cart Saver (SCS). Yes, there have been some issues. Twice, people who purchased items from the store have had their credit card information used fraudulently subsequent to transactions on your site, but in neither case did the investigation reveal with certainty that the Society's store had been hacked. The thefts could have been employee-related.
Just as disconcerting was an incident where the organization discovered that SCS had sold information it had collected from customers to third parties. However, as Jason Roland, your SCS account representative, points out, it took only a phone call from you to clarify expectations and the "misunderstanding" has not occurred again.
As an information-technology program manager with the Society, the role of the privacy professional is only one of many you play. In all matters, however, you must consider the financial bottom line. While these problems with privacy protection have been significant, the additional revenues of sales of items such as shirts and coffee cups from the store have been significant. The Society's operating budget is slim, and all sources of revenue are essential.
Now a new challenge has arisen. Jason called to say that starting in two weeks, the customer data from the store would now be stored on a data cloud. "The good news," he says, "is that we have found a low-cost provider in Finland, where the data would also be held. So, while there may be a small charge to pass through to you, it won't be exorbitant, especially considering the advantages of a cloud." Lately, you have been hearing about cloud computing and you know it's fast becoming the new paradigm for various applications. However, you have heard mixed reviews about the potential impacts on privacy protection. You begin to research and discover that a number of the leading cloud service providers have signed a letter of intent to work together on shared conventions and technologies for privacy protection. You make a note to find out if Jason's Finnish provider is signing on.
What is the best way for your vendor to be clear about the Society's breach notification expectations?
Answer: C
Explanation:
This answer is the best way for Albert's vendor to be clear about the Society's breach notification expectations, as it can establish clear and binding terms and conditions for both parties regarding their roles and responsibilities for handling any data security incidents or breaches. Including notification provisions in the vendor contract can help to define what constitutes a breach, how it should be detected, reported and investigated, what information should be provided to the organization and within what time frame, what actions should be taken to mitigate or resolve the breach, and what consequences or liabilities may arise from the breach. The contract can also specify that the vendor must cooperate and coordinate with the organization in any breach notification activities to the relevant authorities, customers, partners or stakeholders.
NEW QUESTION # 183
SCENARIO
Please use the following to answer the next QUESTION:
Henry Home Furnishings has built high-end furniture for nearly forty years. However, the new owner, Anton, has found some degree of disorganization after touring the company headquarters. His uncle Henry had always focused on production - not data processing - and Anton is concerned. In several storage rooms, he has found paper files, disks, and old computers that appear to contain the personal data of current and former employees and customers. Anton knows that a single break-in could irrevocably damage the company's relationship with its loyal customers. He intends to set a goal of guaranteed zero loss of personal information.
To this end, Anton originally planned to place restrictions on who was admitted to the physical premises of the company. However, Kenneth - his uncle's vice president and longtime confidante - wants to hold off on Anton's idea in favor of converting any paper records held at the company to electronic storage. Kenneth believes this process would only take one or two years. Anton likes this idea; he envisions a password- protected system that only he and Kenneth can access.
Anton also plans to divest the company of most of its subsidiaries. Not only will this make his job easier, but it will simplify the management of the stored data. The heads of subsidiaries like the art gallery and kitchenware store down the street will be responsible for their own information management. Then, any unneeded subsidiary data still in Anton's possession can be destroyed within the next few years.
After learning of a recent security incident, Anton realizes that another crucial step will be notifying customers. Kenneth insists that two lost hard drives in Question are not cause for concern; all of the data was encrypted and not sensitive in nature. Anton does not want to take any chances, however. He intends on sending notice letters to all employees and customers to be safe.
Anton must also check for compliance with all legislative, regulatory, and market requirements related to privacy protection. Kenneth oversaw the development of the company's online presence about ten years ago, but Anton is not confident about his understanding of recent online marketing laws. Anton is assigning another trusted employee with a law background the task of the compliance assessment. After a thorough analysis, Anton knows the company should be safe for another five years, at which time he can order another check.
Documentation of this analysis will show auditors due diligence.
Anton has started down a long road toward improved management of the company, but he knows the effort is worth it. Anton wants his uncle's legacy to continue for many years to come.
What would the company's legal team most likely recommend to Anton regarding his planned communication with customers?
Answer: D
Explanation:
The company's legal team would most likely recommend Anton to consider under what circumstances communication with customers is necessary after learning of a recent security incident. Communication with customers is an important aspect of data breach response as it can help to mitigate the harm caused by the breach, restore trust and confidence in the company, and comply with legal obligations or best practices. However, communication with customers is not always mandatory or advisable depending on the nature and severity of the breach and the potential impact on the customers7 Therefore, Anton should consult with his legal team and evaluate the following factors before deciding whether to communicate with customers or not:
The type and amount of data involved in the breach and whether it includes personal or sensitive information that could expose the customers to identity theft, fraud, or other harms.
The likelihood and extent of harm that the customers could suffer as a result of the breach and whether they could take any actions to prevent or reduce it.
The legal or contractual obligations that the company has to notify the customers or the relevant authorities about the breach and the applicable laws or regulations that govern the notification process, such as the timing, content, and method of notification.
The potential benefits and risks of communicating with customers, such as enhancing transparency and accountability, providing assistance and remedies, or triggering negative reactions, reputational damage, or legal claims.
Based on these factors, Anton should determine whether communication with customers is necessary and appropriate in his case. If he decides to communicate with customers, he should follow some best practices, such as:
Communicating as soon as possible after discovering and containing the breach and having sufficient information to share.
Communicating clearly, honestly, and empathetically about what happened, what data was affected, what actions the company has taken or will take, and what steps the customers can or should take.
Communicating through multiple channels, such as email, phone, letter, website, or social media, depending on the preferences and expectations of the customers.
Communicating consistently and regularly with updates or follow-ups until the breach is resolved and the customers are satisfied8
7: How to Communicate a Data Breach to Customers - U.S. Chamber of Commerce; 8: The do's and don'ts of communicating a data breach
NEW QUESTION # 184
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