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The Certified Information Privacy Professional/Europe (CIPP/E) certification exam is a globally recognized qualification for professionals who work with data protection and privacy laws within the European Union. The CIPP/E certification is offered by the International Association of Privacy Professionals (IAPP), which is the world's largest association for privacy professionals. The CIPP/E certification is designed for individuals who wish to demonstrate their knowledge and understanding of GDPR (General Data Protection Regulation) and other EU data protection laws.
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NEW QUESTION # 227
What ruling did the Planet 49 CJEU judgment make regarding the issue of pre-ticked boxes?
Answer: A
NEW QUESTION # 228
Which of the following would MOST likely trigger the extraterritorial effect of the GDPR, as specified by Article 3?
Answer: A
Explanation:
According to Article 3(1) of the GDPR1, personal data shall be processed in any member state only on the basis of a decision taken at a Union level that is binding for that member state, unless it is derogated from by national law. This means that the GDPR applies to any processing of personal data within the EU, regardless of where the controller or processor is located, as long as it is based on a decision made at a Union level that is binding for that member state.
Therefore, option B would most likely trigger the extraterritorial effect of the GDPR, as it involves personal data of EU citizens being processed by a controller or processor based outside the EU, which may be subject to a decision made at a Union level that is binding for that member state.
Option A would not trigger the extraterritorial effect of the GDPR, as it involves monitoring suspected terrorists, which is not considered processing under Article 4(1) and (2) of the GDPR1. Monitoring may fall under other legal frameworks, such as national security or counter-terrorism laws.
Option C would not trigger the extraterritorial effect of the GDPR, as it involves monitoring EU citizens outside the EU by non-EU law enforcement bodies, which may not be subject to any decision made at a Union level that is binding for that member state.
Option D would not trigger the extraterritorial effect of the GDPR, as it involves processing personal data of EU residents by a non-EU business that targets EU customers, which may not be subject to any decision made at a Union level that is binding for that member state.
References: 1: Free CIPP/E Study Guide - International Association of Privacy Professionals.
NEW QUESTION # 229
SCENARIO
Please use the following to answer the next question:
Building Block Inc. is a multinational company, headquartered in Chicago with offices throughout the United States, Asia, and Europe (including Germany, Italy, France and Portugal). Last year the company was the victim of a phishing attack that resulted in a significant data breach. The executive board, in coordination with the general manager, their Privacy Office and the Information Security team, resolved to adopt additional security measures. These included training awareness programs, a cybersecurity audit, and use of a new software tool called SecurityScan, which scans employees' computers to see if they have software that is no longer being supported by a vendor and therefore not getting security updates. However, this software also provides other features, including the monitoring of employees' computers.
Since these measures would potentially impact employees, Building Block's Privacy Office decided to issue a general notice to all employees indicating that the company will implement a series of initiatives to enhance information security and prevent future data breaches.
After the implementation of these measures, server performance decreased. The general manager instructed the Security team on how to use SecurityScan to monitor employees' computers activity and their location. During these activities, the Information Security team discovered that one employee from Italy was daily connecting to a video library of movies, and another one from Germany worked remotely without authorization. The Security team reported these incidents to the Privacy Office and the general manager. In their report, the team concluded that the employee from Italy was the reason why the server performance decreased.
Due to the seriousness of these infringements, the company decided to apply disciplinary measures to both employees, since the security and privacy policy of the company prohibited employees from installing software on the company's computers, and from working remotely without authorization.
In addition to notifying employees about the purpose of the monitoring, the potential uses of their data and their privacy rights, what information should Building Block have provided them before implementing the security measures?
Answer: A
Explanation:
According to the GDPR, when personal data is collected from the data subject, the controller must provide the data subject with certain information, such as the identity and contact details of the controller, the contact details of the data protection officer, the purposes and legal basis of the processing, the recipients or categories of recipients of the personal data, the data subject's rights, and any other information necessary to ensure fair and transparent processing1. This information must be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language2. Therefore, Building Block should have provided its employees with information about who they can contact with any queries regarding the monitoring, such as the data protection officer or the Privacy Office, as part of the information notice before implementing the security measures. This would enable the employees to exercise their rights, such as the right to access, rectify, erase, restrict or object to the processing of their personal data, or the right to lodge a complaint with a supervisory authority3. Reference: 1 Art. 13 GDPR - Information to be provided where personal data are collected from the data subject - General Data Protection Regulation (GDPR)2 Art. 12 GDPR - Transparent information, communication and modalities for the exercise of the rights of the data subject - General Data Protection Regulation (GDPR)3 Art. 15-22 GDPR - Rights of the data subject - General Data Protection Regulation (GDPR).
NEW QUESTION # 230
SCENARIO
Please use the following to answer the next question:
Why was Jackie correct in not completing a transfer impact assessment for HRYourWay?
Answer: D
Explanation:
According to the GDPR, a transfer of personal data to a third country or an international organisation may take place only if the conditions laid down in Chapter V of the GDPR are complied with by the controller and processor, including for onward transfers of personal data from the third country or an international organisation to another third country or to another international organisation1. A third country is any country outside of the European Union (EU) and the European Economic Area (EEA)2. Therefore, a transfer impact assessment is only required when personal data is transferred to a third country or an international organisation that does not provide an adequate level of data protection, as recognised by the European Commission3. HRYourWay is a German based company, and Germany is a member state of the EU and the EEA. Thus, HRYourWay is not located in a third country, and no transfer impact assessment is needed for transferring personal data to it. The other options are incorrect, as they are not relevant to the question of whether a transfer impact assessment is required or not. Reference:
GDPR, Chapter V
GDPR, Article 4 (24)
GDPR, Article 45
NEW QUESTION # 231
Which of the following is NOT a role of works councils?
Answer: B
Explanation:
Works councils are employee representative bodies that exist in some European countries, such as Germany, France, Spain and Italy. They have various roles and powers depending on the national laws and collective agreements, but generally they aim to protect and promote the interests of the employees in relation to the employer. Some of the common roles of works councils are:
Determining whether to approve or reject certain decisions of the employer that affect employees, such as transfers, dismissals, redundancies, working hours, health and safety, etc.
Determining whether employees' personal data can be processed or not, based on the principle of co-determination, which means that the employer needs the consent of the works council for any data processing that involves employee monitoring, evaluation or control.
Determining what changes will affect employee working conditions, such as wages, benefits, training, social facilities, etc.
However, works councils do not have the role of determining the monetary fines to be levied against employers for data breach violations of employee data. This is the role of the data protection authorities, which are independent public bodies that supervise, through investigative and corrective powers, the application of the data protection law. Works councils may cooperate with the data protection authorities or file complaints on behalf of the employees, but they do not have the authority to impose sanctions on the employers. Reference: Free CIPP/E Study Guide, page 27; CIPP/E Certification, page 13.
NEW QUESTION # 232
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