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NEW QUESTION 31
Many businesses print their employees' photographs on building passes, so that employees can be identified by security staff. This is notwithstanding the fact that facial images potentially qualify as biometric data under the GDPR. Why would such practice be permitted?
- A. Because employees are deemed to have given their explicit consent when they agree to be photographed by their employer.
- B. Because photographs qualify as biometric data only when they undergo a "specific technical processing".
- C. Because photographic ID is a physical security measure which is "necessary for reasons of substantial public interest".
- D. Because use of biometric data to confirm the unique identification of data subjects benefits from an exemption.
Answer: B
Explanation:
Reference https://ess.csa.canon.com/rs/206-CLL-191/images/IAPP-Top-10-Operational-Impacts-of- GDPR.pdf?TC=DM&CN=CSA_OMNIA_Partners&CS=CSA&CR=T1_Gov%20GenNonProfit (11)
NEW QUESTION 32
SCENARIO
Please use the following to answer the next question:
Brady is a computer programmer based in New Zealand who has been running his own business for two years. Brady's business provides a low-cost suite of services to customers throughout the European Economic Area (EEA). The services are targeted towards new and aspiring small business owners. Brady's company, called Brady Box, provides web page design services, a Social Networking Service (SNS) and consulting services that help people manage their own online stores.
Unfortunately, Brady has been receiving some complaints. A customer named Anna recently uploaded her plans for a new product onto Brady Box's chat area, which is open to public viewing. Although she realized her mistake two weeks later and removed the document, Anna is holding Brady Box responsible for not noticing the error through regular monitoring of the website. Brady believes he should not be held liable.
Another customer, Felipe, was alarmed to discover that his personal information was transferred to a third- party contractor called Hermes Designs and worries that sensitive information regarding his business plans may be misused. Brady does not believe he violated European privacy rules. He provides a privacy notice to all of his customers explicitly stating that personal data may be transferred to specific third parties in fulfillment of a requested service. Felipe says he read the privacy notice but that it was long and complicated Brady continues to insist that Felipe has no need to be concerned, as he can personally vouch for the integrity of Hermes Designs. In fact, Hermes Designs has taken the initiative to create sample customized banner advertisements for customers like Felipe. Brady is happy to provide a link to the example banner ads, now posted on the Hermes Designs webpage. Hermes Designs plans on following up with direct marketing to these customers.
Brady was surprised when another customer, Serge, expressed his dismay that a quotation by him is being used within a graphic collage on Brady Box's home webpage. The quotation is attributed to Serge by first and last name. Brady, however, was not worried about any sort of litigation. He wrote back to Serge to let him know that he found the quotation within Brady Box's Social Networking Service (SNS), as Serge himself had posted the quotation. In his response, Brady did offer to remove the quotation as a courtesy.
Despite some customer complaints, Brady's business is flourishing. He even supplements his income through online behavioral advertising (OBA) via a third-party ad network with whom he has set clearly defined roles. Brady is pleased that, although some customers are not explicitly aware of the OBA, the advertisements contain useful products and services.
Based on current trends in European privacy practices, which aspect of Brady Box' Online Behavioral Advertising (OBA) is most likely to be insufficient if the company becomes established in Europe?
- A. The level of security within the website.
- B. The need to have the contents of the advertising approved.
Section: (none)
Explanation - C. The lack of the option to opt in.
- D. The contract with the third-party advertising network.
Answer: C
NEW QUESTION 33
An organization receives a request multiple times from a data subject seeking to exercise his rights with respect to his own personal dat a. Under what condition can the organization charge the data subject a fee for processing the request?
- A. Only where the organization can show that it is reasonable to do so because more than one request was made.
- B. Only where the administrative costs of taking the action requested exceeds a certain threshold.
- C. Only if the organization can demonstrate that the request is clearly excessive or misguided.
- D. Only to the extent this is allowed under the restrictions on data subjects' rights introduced under Art 23 of GDPR.
Answer: D
NEW QUESTION 34
In which of the following cases, cited as an example by a WP29 guidance, would conducting a single data protection impact assessment to address multiple processing operations be allowed?
- A. A medical organization that wants to begin genetic testing to support earlier research for which they have performed a DPIA.
- B. A railway operator who plans to evaluate the same video surveillance in all the train stations of his company.
- C. A data controller who plans to use a new technology product that has already undergone a DPIA by the product's provider.
- D. A marketing team that wants to collect mailing addresses of customers for whom they already have email addresses.
Answer: B
NEW QUESTION 35
Which of the following entities would most likely be exempt from complying with the GDPR?
- A. A company that stores all customer data in Australia and is headquartered in a European Union (EU) member state.
- B. A North American company servicing customers in South Africa that uses a cloud storage system made by a European company.
- C. A South American company that regularly collects European customers' personal data.
- D. A Chinese company that has opened a satellite office in a European Union (EU) member state to service European customers.
Answer: D
NEW QUESTION 36
In which of the following cases would an organization MOST LIKELY be required to follow both ePrivacy and data protection rules?
- A. When paying a search engine company to give prominence to certain products and services within specific search results.
- B. When calling a potential customer to notify her of an upcoming product sale.
- C. When creating an untargeted pop-up ad on a website.
- D. When emailing a customer to announce that his recent order should arrive earlier than expected.
Answer: C
Explanation:
Explanation/Reference: https://www.privacytrust.com/guidance/gdpr-vs-eprivacy-regulation.html
NEW QUESTION 37
Under the GDPR, which essential pieces of information must be provided to data subjects before collecting their personal data?
- A. The name/s of relevant government agencies involved and the steps needed for revising the data.
- B. The contact information of the controller and a description of the retention policy.
- C. The identity and contact details of the controller and the reasons the data is being collected.
- D. The authority by which the controller is collecting the data and the third parties to whom the data will be sent.
Answer: C
Explanation:
Explanation/Reference: https://gdpr-info.eu/art-13-gdpr/
NEW QUESTION 38
SCENARIO
Please use the following to answer the next question:
Anna and Frank both work at Granchester University. Anna is a lawyer responsible for data protection, while Frank is a lecturer in the engineering department. The University maintains a number of types of records:
* Student records, including names, student numbers, home addresses, pre-university information, university attendance and performance records, details of special educational needs and financial information.
* Staff records, including autobiographical materials (such as curricula, professional contact files, student evaluations and other relevant teaching files).
* Alumni records, including birthplaces, years of birth, dates of matriculation and conferrals of degrees.
These records are available to former students after registering through Granchester's Alumni portal.
* Department for Education records, showing how certain demographic groups (such as first-generation students) could be expected, on average, to progress. These records do not contain names or identification numbers.
* Under their security policy, the University encrypts all of its personal data records in transit and at rest.
In order to improve his teaching, Frank wants to investigate how his engineering students perform in relational to Department for Education expectations. He has attended one of Anna's data protection training courses and knows that he should use no more personal data than necessary to accomplish his goal. He creates a program that will only export some student data: previous schools attended, grades originally obtained, grades currently obtained and first time university attended. He wants to keep the records at the individual student level. Mindful of Anna's training, Frank runs the student numbers through an algorithm to transform them into different reference numbers. He uses the same algorithm on each occasion so that he can update each record over time.
One of Anna's tasks is to complete the record of processing activities, as required by the GDPR. After receiving her email reminder, as required by the GDPR. After receiving her email reminder, Frank informs Anna about his performance database.
Ann explains to Frank that, as well as minimizing personal data, the University has to check that this new use of existing data is permissible. She also suspects that, under the GDPR, a risk analysis may have to be carried out before the data processing can take place. Anna arranges to discuss this further with Frank after she has done some additional research.
Frank wants to be able to work on his analysis in his spare time, so he transfers it to his home laptop (which is not encrypted). Unfortunately, when Frank takes the laptop into the University he loses it on the train. Frank has to see Anna that day to discuss compatible processing. He knows that he needs to report security incidents, so he decides to tell Anna about his lost laptop at the same time.
Anna will find that a risk analysis is NOT necessary in this situation as long as?
- A. The algorithms that Frank uses for the processing are technologically sound
- B. The data subjects gave their unambiguous consent for the original processing
- C. The data subjects are no longer current students of Frank's
- D. The processing will not negatively affect the rights of the data subjects
Answer: B
NEW QUESTION 39
Under which of the following conditions does the General Data Protection Regulation NOT apply to the processing of personal data?
- A. When the personal data is processed by an individual only for their household activities
- B. When the personal data is processed only in non-electronic form
- C. When the personal data is collected and then pseudonymised by the controller
- D. When the personal data is held by the controller but not processed for further purposes
Answer: C
NEW QUESTION 40
According to the E-Commerce Directive 2000/31/EC, where is the place of "establishment" for a company providing services via an Internet website confirmed by the GDPR?
- A. Where the website is accessed
- B. Where the decisions about processing are made
- C. Where the technology supporting the website is located
- D. Where the customer's Internet service provider is located
Answer: D
NEW QUESTION 41
Which of the following is NOT considered a fair processing practice in relation to the transparency principle?
- A. Providing a multi-layered privacy notice, in a website environment.
- B. Providing a QR code linking to more detailed privacy notice, in a CCTV sign.
- C. Providing a "just-in-time" contextual pop-up privacy notice, in an online application from field.
- D. Providing a hyperlink to the organization's home page, in a hard copy application form.
Answer: A
NEW QUESTION 42
Which of the following describes a mandatory requirement for a group of undertakings that wants to appoint a single data protection officer?
- A. The data protection officer must be easily accessible from each establishment where the undertakings are located.
- B. The group of undertakings must be comprised of organizations of similar sizes and functions.
- C. The group of undertakings must obtain approval from a supervisory authority.
- D. The data protection officer must be located in the country where the data controller has its main establishment.
Answer: A
Explanation:
Explanation/Reference: https://www.privacy-regulation.eu/en/article-37-designation-of-the-data-protection-officer- GDPR.htm
NEW QUESTION 43
Under what circumstances would the GDPR apply to personal data that exists in physical form, such as information contained in notebooks or hard copy files?
- A. Only where the personal data is produced as a physical output of specific automated processing activities, such as printing, labelling, or stamping.
- B. Only where the personal data is treated by automated means in some way, such as computerized distribution or filing.
- C. Only where the personal data is handled in a sufficiently structured manner so as to form part of a filing system.
- D. Only where the personal data is to be subjected to specific computerized processing, such as image scanning or optical character recognition.
Answer: C
NEW QUESTION 44
Article 58 of the GDPR describes the power of supervisory authorities. Which of the following is NOT among those granted?
- A. Corrective powers.
- B. Authorization and advisory powers.
- C. Legislative powers.
- D. Investigatory powers.
Answer: B
NEW QUESTION 45
In which of the following cases would an organization MOST LIKELY be required to follow both ePrivacy and data protection rules?
- A. When paying a search engine company to give prominence to certain products and services within specific search results.
- B. When calling a potential customer to notify her of an upcoming product sale.
- C. When creating an untargeted pop-up ad on a website.
- D. When emailing a customer to announce that his recent order should arrive earlier than expected.
Answer: C
NEW QUESTION 46
To provide evidence of GDPR compliance, a company performs an internal audit. As a result, it finds a data base, password-protected, listing all the social network followers of the client.
Regarding the domain of the controller-processor relationships, how is this situation considered?
- A. Compliant with the security principle, because the data base is password-protected.
- B. Not applicable, because the data base is password protected, and therefore is not at risk of identifying any data subject.
- C. Non-compliant, because the storage of the data exceeds the tasks contractually authorized by the controller.
- D. Compliant with the storage limitation principle, so long as the internal auditor permanently deletes the data base.
Answer: C
NEW QUESTION 47
What is true of both the General Data Protection Regulation (GDPR) and the Council of Europe Convention 108?
- A. Both only apply to European Union countries
- B. Both require notification of processing activities to a supervisory authority
- C. Both govern the manual processing of personal data
- D. Both govern international transfers of personal data
Answer: B
NEW QUESTION 48
What is one major goal that the OECD Guidelines, Convention 108 and the Data Protection Directive (Directive 95/46/EC) all had in common but largely failed to achieve in Europe?
- A. The creation of legally binding data protection principles
- B. The establishment of a list of legitimate data processing criteria
- C. The restriction of cross-border data flow
- D. The synchronization of approaches to data protection
Answer: C
NEW QUESTION 49
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