CIPP-E Exam Dumps - Certified Information Privacy Professional/Europe (CIPP/E)

 This is not a valid set of standard contractual clauses because it does not correspond to any of the decisions adopted by the European Commission under the GDPR or the previous Data Protection Directive 95/46. The correct decision for EU processor to non-EU or EEA controller is Decision 2010/87/EU, which was amended by Decision 2004/915/EC. Decision 2007/72/EC is actually related to the recognition of the adequacy of the protection of personal data in Switzerland. References:

Free CIPP/E Study Guide, page 18, section 3.4.2

Standard contractual clauses for international transfers, section 1.1

Standard Contractual Clauses (SCC), section 2.1

Decision 2007/72/EC

The GDPR defines data concerning health as a special category of personal data that is subject to specific processing conditions and safeguards. The GDPR prohibits the processing of such data unless one of the exceptions in Article 9 applies. One of these exceptions is the explicit consent of the data subject, which means that the data subject has given a clear and affirmative indication of their agreement to the processing of their health data. Another exception is when the processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care. A third exception is when the processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services. These exceptions are based on the principle of necessity, which means that the processing must be strictly necessary for a specific purpose and cannot be achieved by other means.

In the given scenario, the journalist does not fall under any of these exceptions. The journalist is not a health professional, a public authority, or a person who has obtained the explicit consent of the data subject. The journalist is not processing the data for any legitimate purpose related to public health, medical care, or social protection. The journalist is merely pursuing their own interest in publishing a story that may or may not be in the public interest. The journalist is not respecting the data subject’s rights and freedoms, especially their right to privacy and confidentiality. Therefore, the journalist would be least likely to be allowed to engage in the collection, use, and disclosure of the data subject’s sensitive medical information without their knowledge or consent. References:

Article 4 (15) and Article 9 of the GDPR

Health data | ICO

What does the GDPR mean for personal data in medical reports?

Sensitive data and medical confidentiality - FutureLearn

Health data and data privacy: storing sensitive data under GDPR

The “soft opt-in” rule is an exception to the general requirement of obtaining consent before sending electronic mail marketing to individuals. It applies when the following conditions are met12:

the sender has obtained the contact details of the recipient in the context of the sale or negotiations for the sale of a product or service to that recipient;

the sender only sends direct marketing relating to its own similar products or services; and

the recipient has been given a simple opportunity to refuse or opt out of the marketing, both when the details were initially collected and in every subsequent message.

The option B matches these conditions, as it implies that the individual has shown an interest in buying a product from the sender, and that the sender can use the individual’s details to send marketing about similar products, as long as the individual can easily opt out. The other options do not qualify for the “soft opt-in” rule, as they either involve no consent, no prior relationship, or no opt-out mechanism. References: Electronic mail marketing | ICO, Direct marketing rules and exceptions under the GDPR

You have just been hired by a toy manufacturer based in Hong Kong. The company sells a broad range of dolls, action figures and plush toys that can be found internationally in a wide variety of retail stores. Although the manufacturer has no offices outside Hong Kong and in fact does not employ any staff outside Hong Kong, it has entered into a number of local distribution contracts. The toys produced by the company can be found in all popular toy stores throughout Europe, the United States and Asia. A large portion of the company’s revenue is due to international sales.

The company now wishes to launch a new range of connected toys, ones that can talk and interact with children. The CEO of the company is touting these toys as the next big thing, due to the increased possibilities offered: The figures can answer children’s Questions: on various subjects, such as mathematical calculations or the weather. Each figure is equipped with a microphone and speaker and can connect to any smartphone or tablet via Bluetooth. Any mobile device within a 10-meter radius can connect to the toys via Bluetooth as well. The figures can also be associated with other figures (from the same manufacturer) and interact with each other for an enhanced play experience.

When a child asks the toy a question, the request is sent to the cloud for analysis, and the answer is generated on cloud servers and sent back to the figure. The answer is given through the figure’s integrated speakers, making it appear as though that the toy is actually responding to the child’s question. The packaging of the toy does not provide technical details on how this works, nor does it mention that this feature requires an internet connection. The necessary data processing for this has been outsourced to a data center located in South Africa. However, your company has not yet revised its consumer-facing privacy policy to indicate this.

In parallel, the company is planning to introduce a new range of game systems through which consumers can play the characters they acquire in the course of playing the game. The system will come bundled with a portal that includes a Near-Field Communications (NFC) reader. This device will read an RFID tag in the action figure, making the figure come to life onscreen. Each character has its own stock features and abilities, but it is also possible to earn additional ones by accomplishing game goals. The only information stored in the tag relates to the figures’ abilities. It is easy to switch characters during the game, and it is possible to bring the figure to locations outside of home and have the character’s abilities remain intact.

Why is this company obligated to comply with the GDPR?

A. The company has offices in the EU. B. The company employs staff in the EU. C. The company’s data center is located in a country outside the EU. D. The company’s products are marketed directly to EU customers.

Answer:

Verified Answer: D. The company’s products are marketed directly to EU customers.

 According to section 6(1)© of the GDPR1, personal data shall be processed by organisations, which offer goods or services or otherwise carry out activities, in relation to which processing of personal data may be regarded as relevant for their legitimate interests. The legitimate interests referred to are those arising from the performance of a task carried out in their name or on their behalf, or for their own purposes. The legitimate interests referred to are those arising from the performance of a task carried out in their name or on their behalf, or for their own purposes. The legitimate interests referred to are those arising from the performance of a task carried out in their name or on their behalf, or for their own purposes. The legitimate interests referred to are those arising from the performance of a task carried out in their name or on their behalf, or for their own purposes. The legitimate interests referred to are those arising from the performance of a task carried out in their name or on their behalf, or for their own purposes. The legitimate interests referred to are those arising from the performance of a task carried out in their name or on their behalf, or for their own purposes. The legitimate interests referred to are those arising from the performance

 A data protection impact assessment (DPIA) is a process to help identify and minimise the data protection risks of a project that involves personal data, especially when using new technologies or processing that is likely to result in a high risk to individuals1. The UK GDPR requires data controllers to carry out a DPIA before starting such processing and to consult the supervisory authority if the DPIA indicates a high risk that cannot be mitigated1. The UK GDPR also provides some general guidance on the content and methodology of a DPIA, but it does not prescribe a specific format or procedure1. Therefore, to effectively assist Zandelay in conducting their DPIA, it would be helpful to refer to existing DPIA guides published by local supervisory authorities, such as the ICO in the UK or the DPC in Ireland23. These guides offer more detailed and practical advice on how to conduct a DPIA, what to include in it, how to assess and mitigate the risks, and when to consult the authority23. They also provide templates, checklists, examples, and case studies to illustrate the DPIA process23. By following these guides, Zandelay can ensure that their DPIA is comprehensive, consistent, and compliant with the UK GDPR and the relevant national laws.

The other options are not as effective as option C, because:

Option A: Information about DPIAs found in Articles 38 through 40 of the UK GDPR is too general and vague to assist Zandelay in conducting their DPIA. These articles only outline the basic requirements and principles of a DPIA, but do not provide any specific guidance on how to conduct one, what to include in it, or how to assess and mitigate the risks1. Zandelay would need more detailed and practical advice to effectively perform a DPIA.

Option B: Data breach documentation that data controllers are required to maintain is not relevant to conducting a DPIA. A data breach is a security incident that leads to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data1. A data controller must document any data breaches, including the facts, effects, and remedial actions taken, and notify the supervisory authority and the affected individuals without undue delay1. However, a data breach is not the same as a data protection risk, which is the potential for adverse effects on individuals as a result of the processing of their personal data2. A DPIA is a proactive and preventive measure to identify and minimise the data protection risks of a project, not a reactive and corrective measure to deal with the consequences of a data breach2.

Option D: Records of processing activities that data controllers are required to maintain are not sufficient to assist Zandelay in conducting their DPIA. A record of processing activities is a document that contains information about the purposes, categories, recipients, transfers, retention periods, and security measures of the processing of personal data by a data controller or a data processor1. A data controller must maintain a record of processing activities under its responsibility and make it available to the supervisory authority upon request1. However, a record of processing activities is not the same as a DPIA, which is a more in-depth and systematic analysis of the data protection risks and the measures to address them2. A record of processing activities may provide some useful information for a DPIA, such as the nature, scope, context, and purposes of the processing, but it does not cover other aspects, such as the necessity, proportionality, compliance, and impact of the processing2.

https://blog.netwrix.com/2021/02/17/data-protection-impact-assessment/

https://ico.org.uk/for-organisations-2/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/accountability-and-governance/data-protection-impact-assessments/

The EU Artificial Intelligence Act (AI Act) is a proposed regulation that aims to establish harmonised rules on the development and use of artificial intelligence in the EU. The AI Act classifies AI systems according to their level of risk and imposes various requirements and obligations on providers and users of such systems. The AI Act also provides for the enforcement of its rules by national competent authorities and the European Commission. According to Article 71 of the AI Act, the sanctions for non-compliance with the AI Act depend on the type and severity of the infringement. The maximum fine for the most serious infringements, such as placing on the market or putting into service prohibited AI systems, or failing to comply with the data and data governance requirements for high-risk AI systems, is the higher of up to 30 million Euro or up to 6% of the total worldwide annual turnover of the preceding financial year of the legal entity concerned. This is the same level of fine as for the most serious infringements of the General Data Protection Regulation (GDPR).

References:

•EUR-Lex - 52021PC0206 - EN - EUR-Lex1

•European Parliament Adopts Negotiating Position on the AI Act2

The GDPR applies to the processing of personal data of data subjects who are in the EU, regardless of their nationality or residence. This means that non-EU residents who are physically located in the EU are protected by the GDPR, and EU residents who are outside the EU are not. However, this does not mean that non-EU residents who are outside the EU can be asked to waive their GDPR rights by a company that is subject to the GDPR. The GDPR does not allow such waivers, as they would undermine the essence of the fundamental rights and freedoms of data subjects. The GDPR also requires that data subjects are provided with clear and transparent information about the processing of their personal data, and that they give their consent freely, specifically, informedly and unambiguously. A blanket waiver of GDPR rights does not meet these criteria, and would therefore be invalid and unenforceable.

References:

•GDPR Article 3 - Territorial scope1

•GDPR Article 7 - Conditions for consent2

•GDPR Article 25 - Data protection by design and by default3

•GDPR Recital 171 - Relationship with previously concluded agreements4