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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Compliance with European Data Protection Law and Regulation | 15%–22% | - Breach notification: requirements, timelines, procedures - Compliance programs, audits, and governance frameworks - Data Protection Officer (DPO): appointment, role, duties - Security of processing: technical and organizational measures |
| Topic 2: European Data Protection Law and Regulation | 18%–28% | - Data subject rights and how to uphold them - Roles: controller, processor, joint controllers, representatives - Lawful processing principles and conditions - Key definitions: personal data, special categories, pseudonymous/anonymous data |
| Topic 3: 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 |
| Topic 4: European Data Protection: Scope and Accountability | 17%–25% | - Enforcement: penalties, remedies, liability, appeals - Accountability obligations: documentation, records, impact assessments - Territorial and material scope of GDPR application - Supervisory authorities: structure, powers, cooperation, consistency mechanism |
| Topic 5: European Data Processing | 20%–30% | - Information obligations: privacy notices, transparency requirements - International data transfers: rules, mechanisms, safeguards - Processing for specific purposes: employment, marketing, research, surveillance - Basis for processing: consent, contract, legal obligation, vital interests, public task, legitimate interest |
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NEW QUESTION # 173
SCENARIO
Please use the following to answer the next question:
Sandy recently joined Market4U, an advertising technology company founded in 2016, as their VP of Privacy and Data Governance. Through her first initiative in conducting a data inventory, Sandy learned that Market4U maintains a list of 19 million global contacts that were collected throughout the course of Market4U's existence. Knowing the risk of having such a large amount of data, Sandy wanted to purge all contacts that were entered into Market4U's systems prior to May 2018, unless such contacts had a more recent interaction with Market4U content. However, Dan, the VP of Sales, informed Sandy that all of the contacts provide useful information regarding successful marketing campaigns and trends in industry verticals for Market4U's clients.
Dan also informed Sandy that he had wanted to focus on gaining more customers within the sports and entertainment industry. To assist with this behavior, Market4U's marketing team decided to add several new fields to Market4U's website forms, including forms for downloading white papers, creating accounts to participate in Market4U's forum, and attending events. Such fields include birth date and salary.
What should Sandy give as feedback to Dan and the marketing team regarding the new fields Dan wants to add to Market4U's forms?
Answer: A
Explanation:
Sandy should give this feedback to Dan and the marketing team, as it reflects the principle of data minimization, which requires that personal data collected must be adequate, relevant and limited to what is necessary for the purposes of the processing1. Collecting birth date and salary information from customers who want to download white papers or register for events is not necessary for those purposes, and may pose risks for data protection and security. Moreover, such information may fall under the category of special data, which requires explicit consent from the data subjects and can only be processed under certain conditions2.
The other options do not comply with the principle of data minimization, as they still involve collecting more data than needed, even if they are optional or in brackets. References:
* Free CIPP/E Study Guide, page 23, section 3.1
* CIPP/E Certification, page 18, section 3.1
* The Ultimate CIPP/E Study Guide for 2023, page 16, section 3.1
* Principles - General Data Protection Regulation (GDPR), Article 5
* Special categories of personal data - General Data Protection Regulation (GDPR), Article 9
NEW QUESTION # 174
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: C
Explanation:
Explanation
NEW QUESTION # 175
A mobile device application that uses cookies will be subject to the consent requirement of which of the following?
Answer: C
Explanation:
The ePrivacy Directive, also known as the Cookie Law, is the EU legislation that regulates the use of cookies and other tracking technologies on websites and mobile applications. The ePrivacy Directive states that the use of cookies on websites and mobile applications is conditioned upon the prior consent of users, unless the cookies are strictly necessary for the provision of the service. Users must also be given clear and comprehensive information about the purposes of the cookies and the means to refuse them. The ePrivacy Directive complements the GDPR, which also applies to the processing of personal data through cookies, but does not specifically address the consent requirement for cookies. The other answer choices are not relevant to the consent requirement for cookies, as they regulate different aspects of the digital economy and society. The E-Commerce Directive establishes the legal framework for online services in the EU, such as information society services, electronic contracts, and liability of intermediaries. The Data Retention Directive requires telecommunication providers to retain certain data for a period of time for the purpose of law enforcement and national security. The EU Cybersecurity Directive aims to enhance the security of network and information systems across the EU, by setting common standards and obligations for operators of essential services and digital service providers. Reference:
Cookies, the GDPR, and the ePrivacy Directive - GDPR.eu
What is the EU Cookie Law (ePrivacy Directive)? - Cookie Script
EU Cookie Law - Data Protection and Cookies - Cookiebot
ePrivacy Directive - Regulations - Learn how CookiePro Helps
NEW QUESTION # 176
Why is advisable to avoid consent as a legal basis for an employer to process employee data?
Answer: A
NEW QUESTION # 177
How is the retention of communications traffic data for law enforcement purposes addressed by European data protection law?
Answer: B
Explanation:
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.
References:
* 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?
NEW QUESTION # 178
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