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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q238-Q243):

NEW QUESTION # 238
Assuming that the "without undue delay" provision is followed, what is the time limit for complying with a data access request?

A. Within one month of receipt, which may be extended by up to an additional month
B. Within 40 days of receipt
C. Within 40 days of receipt, which may be extended by up to 40 additional days
D. Within one month of receipt, which may be extended by an additional two months

Answer: D

Explanation:
According to the GDPR, data controllers must respond to a data access request (also known as a subject access request or SAR) without undue delay and in any event within one month of receipt of the request. This time limit can be extended by a further two months if the request is complex or if the controller receives a number of requests from the same individual. However, the controller must still inform the individual within one month of receipt of the request and explain why the extension is necessary. The time limit is calculated from the day after the request is received (whether it is a working day or not) until the corresponding calendar date in the next month. If there is no corresponding calendar date, the deadline is the last day of the next month. If the deadline falls on a weekend or public holiday, the response must be provided on the next working day. Reference:
GDPR, Article 12(3)
ICO, Right of access1
ICO, Time limits for responding to data protection rights requests2

NEW QUESTION # 239
Which of the following is an accurate statement regarding the "one-stop-shop" mechanism of the GDPR?

A. It allows supervisory authorities concerned (other than the lead supervisory authority) to act against organizations m exceptional cases even if they do not have any type of establishment in the Member State of the respective authority.
B. It can result in several lead supervisory authorities in the EU assuming competence over the same data processing activities of an organization.
C. It gives competence to the lead supervisory authority to address privacy issues derived from processes carried out by public authorities established in different countries.
D. It applies only to direct enforcement of data protection supervisory authorities (e.g.. finding a breach), but not to initiating or engaging m court proceedings

Answer: A

Explanation:
The "one-stop-shop" mechanism of the GDPR is a system of co-operation and consistency procedures that aims to ensure that the data protection regulation is enforced uniformly across all member states and calls on the data protection authorities (DPAs) across member states to co-operate with each other and the Commission to ensure consistent application of the GDPR1. The "one-stop-shop" mechanism applies to organisations that conduct cross-border data processing, which means that they process personal data in the context of the activities of their establishments in more than one member state, or that they target or monitor data subjects in more than one member state1. Under the "one-stop-shop" mechanism, such organisations will have to deal primarily with the DPA of the member state where they have their main establishment or their single establishment in the EU, which will act as their lead supervisory authority for all matters related to their cross-border data processing1. The lead supervisory authority will co-ordinate with other concerned supervisory authorities, which are the DPAs of the member states where the data subjects are affected by the data processing1. The lead supervisory authority will have the competence to adopt binding decisions regarding measures to ensure compliance with the GDPR, such as imposing administrative fines or ordering the suspension of data flows1. However, the "one-stop-shop" mechanism does not prevent the concerned supervisory authorities from acting against organisations in exceptional cases, even if they do not have any type of establishment in the member state of the respective authority1. These exceptional cases include the following situations2:
* When a complaint is lodged with a supervisory authority, the subject matter relates only to an establishment in its member state or substantially affects data subjects only in its member state;
* When a supervisory authority is addressing a possible infringement related to the offering of goods or services to data subjects in its member state or to the monitoring of their behaviour in its member state;
* When a supervisory authority adopts provisional measures intended to produce legal effects in its own member state;
* When an urgent need to act arises in order to protect the rights and freedoms of data subjects. In these cases, the concerned supervisory authority will inform the lead supervisory authority and the other concerned supervisory authorities, and will try to reach a consensus on the action to be taken2. If no consensus is reached, the consistency mechanism will apply, which involves the intervention of the European Data Protection Board (EDPB) to issue a binding decision on the matter2. Therefore, option D is the correct answer. References: Art. 60 GDPR - Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Guidelines 3/2018 on the territorial scope of the GDPR (Article 3)

NEW QUESTION # 240
When is data sharing agreement MOST likely to be needed?

A. When personal data is being proactively shared by a controller to support a police investigation.
B. When anonymized data is being shared.
C. When personal data is being shared between commercial organizations acting as joint data controllers.
D. When personal data is being shared with a public authority with powers to require the personal data to be disclosed.

Answer: C

NEW QUESTION # 241
An unforeseen power outage results in company Z's lack of access to customer data for six hours. According to article 32 of the GDPR, this is considered a breach. Based on the WP 29's February, 2018 guidance, company Z should do which of the following?

A. Notify affected individuals that their data was unavailable for a period of time.
B. Conduct a thorough audit of all security systems
C. Document the loss of availability to demonstrate accountability
D. Notify the supervisory authority about the loss of availability

Answer: C

Explanation:
According to Article 32 of the GDPR, the controller and the processor must implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk of the processing, including the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident1. A personal data breach is defined as a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed2. Therefore, a power outage that results in the loss of availability of customer data for six hours is considered a personal data breach under the GDPR.
Based on the WP 29's February, 2018 guidance, which was endorsed by the European Data Protection Board, company Z should document the loss of availability to demonstrate accountability3. The guidance states that controllers must document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken, regardless of whether the breach needs to be notified to the supervisory authority or the data subjects. This documentation must enable the supervisory authority to verify compliance with the GDPR and must be made available to the supervisory authority on request4.
The other options (A, C, and D) are not required by the GDPR or the guidance, although they may be advisable or beneficial depending on the circumstances. Option A is not mandatory, as the GDPR only requires the controller to communicate the personal data breach to the data subject when the breach is likely to result in a high risk to the rights and freedoms of natural persons5. A temporary loss of availability may not pose such a high risk, unless it affects the data subject's essential services or activities. Option C is also not obligatory, as the GDPR only requires the controller to notify the supervisory authority of the personal data breach within 72 hours unless the breach is unlikely to result in a risk to the rights and freedoms of natural persons6. A short-term loss of availability may not entail such a risk, unless it affects a large number of data subjects or sensitive data. Option D is not specified by the GDPR or the guidance, although it may be a good practice to conduct a thorough audit of all security systems after a personal data breach to identify and address any vulnerabilities or weaknesses that may have contributed to the incident or may lead to future incidents. Reference:
1: Article 32 of the GDPR
2: Article 4 (12) of the GDPR
3: Endorsed WP29 Guidelines
4: Article 33 (5) of the GDPR
5: Article 34 (1) of the GDPR
6: Article 33 (1) of the GDPR
7: Guidelines on Personal data breach notification under Regulation 2016/679, WP250 rev.01
8: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
9: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679

NEW QUESTION # 242
A U.S.-based online shop uses sophisticated software to track the browsing behavior of its European customers and predict future purchases. It also shares this information with third parties. Under the GDPR, what is the online shop's PRIMARY obligation while engaging in this kind of profiling?

A. It must seek authorization from the European supervisory authorities
B. It must be able to demonstrate a prior business relationship with the customers
C. It must solicit informed consent through a notice on its website
D. It must prove that it uses sufficient security safeguards to protect customer data

Answer: C

Explanation:
The GDPR defines profiling as any form of automated processing of personal data to evaluate certain personal aspects relating to a natural person, such as their preferences, behaviour, or interests1. Profiling is subject to the general principles and rules of the GDPR, such as lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity, and confidentiality2. The GDPR also provides specific rights for data subjects who are subject to profiling, such as the right to be informed, the right to access, the right to rectify, the right to object, and the right to not be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects on them3.
In the given scenario, the online shop is engaging in profiling by tracking the browsing behaviour of its European customers and predicting future purchases. It is also sharing this information with third parties, which may involve further processing of the personal data. Therefore, the online shop must comply with the GDPR requirements for profiling and ensure that it has a valid legal basis for the processing. According to Article 6 of the GDPR, there are six possible legal bases for processing personal data: consent, contract, legal obligation, vital interests, public interest, or legitimate interests4. However, not all of them are equally applicable or appropriate for profiling activities, especially when they involve sensitive or special categories of data, such as biometric, genetic, or health data, which require additional safeguards under Article 9 of the GDPR5.
In this case, the most relevant and suitable legal basis for the online shop's profiling is consent, which means that the data subject has given a clear and affirmative indication of their agreement to the processing of their personal data for one or more specific purposes6. Consent must be freely given, specific, informed, and unambiguous, and must be obtained before the processing begins7. The online shop must also inform the data subject about the nature and purpose of the profiling, the logic involved, the consequences, and the rights they have in relation to it. The online shop must also respect the data subject's right to withdraw their consent at any time and to object to the profiling.
Therefore, the online shop's primary obligation while engaging in this kind of profiling is to solicit informed consent through a notice on its website, which must be clear, concise, and easily accessible, and must not be bundled with other terms and conditions. The online shop must also provide a simple and effective mechanism for the data subject to give or revoke their consent, such as a checkbox, a slider, or a button. The online shop must also keep records of the consent obtained and be able to demonstrate that it has complied with the GDPR requirements for consent.
The other options (B, C, and D) are not the primary obligation for the online shop, as they are either irrelevant or insufficient for the GDPR compliance. Seeking authorization from the European supervisory authorities is not necessary, unless the online shop is involved in a cross-border processing that requires a prior consultation under Article 36 of the GDPR. Demonstrating a prior business relationship with the customers is not a valid legal basis for the profiling, as it does not imply consent or legitimate interests. Proving that it uses sufficient security safeguards to protect customer data is a general obligation for any processing of personal data, but it does not address the specific issues and risks of profiling, such as discrimination, manipulation, or loss of control. Reference:
1: What is automated individual decision-making and profiling?
2: Article 5 of the GDPR
3: Rights related to automated decision making including profiling
4: [Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)]
5: Article 9 of the GDPR
6: Article 4 (11) of the GDPR
7: Article 7 of the GDPR
8: Article 13 and 14 of the GDPR
9: Article 21 of the GDPR
10: Article 12 of the GDPR
11: [Guidelines on consent under Regulation 2016/679]
12: Article 24 of the GDPR
13: Article 36 of the GDPR
14: [Guidelines on Automated individual decision-making and Profiling for the purposes of Regulation 2016/679]
15: [https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_guidelines_202005_consent_en.pdf]
16: [https://edpb.europa.eu/sites/edpb/files/files/file1/20171104_wp251rev01_en.pdf]

NEW QUESTION # 243
......

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