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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q43-Q48):

NEW QUESTION # 43
A company in France suffers a robbery over the weekend owing to a faulty alarm system. When it is determined that the break-in involves the loss of a substantial amount of data, the company decides on a CCTV system to monitor for future incidents. Company technicians install cameras in the entrance of the building, hallways and offices. Footage is recorded continuously, and is monitored by the home office in the United States. What is the most realistic step the company could take to address their security concerns and comply with the personal data processing principles set out in Article 5 of the GDPR?

A. Restrict camera placement to building entrances only.
B. Have cameras recording during work hours only.
C. Seek informed consent from company employees.
D. Retain captured footage for no more than 30 days.

Answer: C

NEW QUESTION # 44
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?

A. Institute a GDPR-compliant employee monitoring process.
B. Pursue a GDPR-compliant Privacy by Design process.
C. Ensure cloud vendors are complying with internal data use policies.
D. Maintain a secure Bring Your Own Device (BYOD) program.

Answer: D

Explanation:
Explanation/Reference: https://www.itproportal.com/features/heading-off-the-spectre-of-gdpr-compliance-with-secure-byod/

NEW QUESTION # 45
Under Article 58 of the GDPR, which of the following describes a power of supervisory authorities in European Union (EU) member states?

A. The discretion to carry out goals of elected officials within the member state.
B. The ability to enact new laws by executive order.
C. The right to access data for investigative purposes.
D. The authority to select penalties when a controller is found guilty in a court of law.

Answer: C

Explanation:
Article 58 of the GDPR lists the powers of supervisory authorities in EU member states. Among these powers are the investigative powers, which include the right to access data and information from controllers and processors, as well as to access their premises and equipment. This power enables the supervisory authorities to perform their tasks of monitoring and enforcing the GDPR. The other options are not powers of supervisory authorities under Article 58 of the GDPR. Reference: Art. 58 GDPR - Powers, Article 58 Powers - GDPR, Article 58 GDPR - GDPRhub

NEW QUESTION # 46
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.
Who-R-U is NOT required to notify the local German DPA about the laptop theft because?

A. There is no evidence that the thieves have accessed the data on the laptop.
B. The data isn't considered personally identifiable financial information.
C. The company isn't a controller established in the Union.
D. The laptop belonged to a company located in Canada.

Answer: C

Explanation:
According to the GDPR, a data breach must be notified to the supervisory authority of the member state where the controller or processor is established, unless the breach is unlikely to result in a risk to the rights and freedoms of natural persons1. The GDPR defines a controller as "the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data"2. The GDPR also specifies that a controller or processor is considered to be established in the Union if it has "an effective and real exercise of activity through stable arrangements" in the Union, regardless of its legal form or location of its headquarters3.
In this scenario, Who-R-U is not a controller established in the Union, because it does not have any stable arrangements in the Union that involve the processing of personal data. The company only offers its services to Canadians, and does not target or monitor individuals in the Union. The fact that it has purchased the naming rights for a building in Germany, which comes with a few offices, does not constitute an effective and real exercise of activity in the Union, as the offices do not include any technology or infrastructure for processing personal data, and are only used by executives while traveling internationally. Therefore, Who-R- U is not subject to the GDPR's data breach notification obligation, and is not required to notify the local German DPA about the laptop theft.
References:
* Art. 33 GDPR - Notification of a personal data breach to the supervisory authority
* Art. 4 GDPR - Definitions
* Art. 3 GDPR - Territorial scope
* Guidelines 9/2022 on personal data breach notification under GDPR
* Guidelines 3/2018 on the territorial scope of the GDPR
I hope this helps you understand the GDPR and data breach notification better. If you have any other questions, please feel free to ask me. #

NEW QUESTION # 47
Which sentence BEST summarizes the concepts of "fairness," "lawfulness" and "transparency", as expressly required by Article 5 of the GDPR?

A. Fairness refers to limiting the amount of data collected from individuals; lawfulness refers to the approval of company guidelines by the state; transparency solely relates to communication of key information before collecting data.
B. Fairness and transparency refer to the communication of key information before collecting data; lawfulness refers to compliance with government regulations.
C. Fairness refers to the security of personal data; lawfulness and transparency refers to the analysis of ordinances to ensure they are uniformly enforced.
D. Fairness refers to the collection of data from diverse subjects; lawfulness refers to the need for legal rules to be uniform; transparency refers to giving individuals access to their data.

Answer: B

Explanation:
Explanation

NEW QUESTION # 48
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