IAPP CIPP-E Practice Test Online - Exam CIPP-E Simulator Fee
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The CIPP-E Certification Exam consists of 90 multiple-choice questions, which must be completed within 2.5 hours. CIPP-E exam is computer-based and is held at Pearson VUE test centers worldwide. The passing score for the exam is 300 out of 500. CIPP-E exam fee includes one free retake, in case the candidate does not pass on the first attempt.
The CIPP-E certification program covers the EU's General Data Protection Regulation (GDPR) and other relevant privacy laws and regulations in the region. CIPP-E exam is designed for privacy professionals who work in both the public and private sectors, including legal, compliance, and information security professionals. Certified Information Privacy Professional/Europe (CIPP/E) certification program is designed to help professionals gain a deeper understanding of the EU's privacy laws and regulations, including data protection principles, compliance requirements, and enforcement mechanisms. Certified Information Privacy Professional/Europe (CIPP/E) certification program is an excellent opportunity for professionals to demonstrate their knowledge and expertise in the field of privacy and data protection in the EU.
IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q90-Q95):
NEW QUESTION # 90
The Murla HB Club should have carried out a DPIA before the installation of the new access system AND at what other time?
- A. After the AEPD notification of the investigation.
- B. At the end of every match of the season.
- C. Periodically, when new risks were foreseen
- D. After the complaint of the supporter
Answer: C
Explanation:
A Data Protection Impact Assessment (DPIA) is required under Article 35 of the GDPR when data processing is likely to result in a high risk to individuals' rights and freedoms. This includes processing involving new technologies, systematic monitoring, or the large-scale processing of sensitive data.
* When should a DPIA be conducted?
* Before implementing a new high-risk processing activity (e.g., a biometric access system).
* Whenever a significant change in risk occurs (e.g., security updates, regulatory changes, new threats).
* Regularly to reassess and mitigate emerging risks.
* Why is B the correct answer?
* DPIAs are not a one-time process; they must be reviewed periodically to assess new risks.
* Why are other answers incorrect?
* A (After the complaint) # A DPIA is a proactive measure, not something done only after a complaint.
* C (At the end of the season) # GDPR does not require assessments to be tied to event cycles.
* D (After regulatory notification) # DPIAs must be done before investigations, not as a response.
Conclusion: DPIAs should be conducted periodically when new risks arise, making B the correct answer.
NEW QUESTION # 91
Which of the following would require designating a data protection officer?
- A. The core activities of the controller or processor consist of processing operations that require systematic monitoring of data subjects on a large scale.
- B. The core activities of the controller or processor consist of processing operations of financial information or information relating to children.
- C. Processing is carried out by an organization employing 250 persons or more.
- D. Processing is carried out for the purpose of providing for-profit goods or services to individuals in the EU.
Answer: A
Explanation:
According to Article 37 of the GDPR, the designation of a data protection officer (DPO) is mandatory for controllers and processors in three cases1:
* When the processing is carried out by a public authority or body, except for courts acting in their judicial capacity;
* When the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or
* When the core activities of the controller or the processor consist of processing on a large scale of special categories of data pursuant to Article 9 and personal data relating to criminal convictions and offences referred to in Article 10.
The GDPR does not define what constitutes "regular and systematic monitoring" or "large scale", but the Article 29 Working Party (now replaced by the European Data Protection Board) has provided some guidance on these concepts2. According to the guidance, "regular and systematic monitoring" includes all forms of tracking and profiling on the internet, including for the purposes of behavioural advertising, but also offline activities such as CCTV or health data monitoring. The guidance also suggests some criteria to assess whether the processing is carried out on a large scale, such as the number of data subjects concerned, the volume of data or the range of data items processed, the duration or permanence of the processing activity, and the geographical extent of the processing.
In the given scenario, option D is the only one that clearly falls under the second case of mandatory DPO designation, as it implies that the controller or processor is engaged in regular and systematic monitoring of data subjects on a large scale as part of their core activities. This could include, for example, online behavioural advertising, location tracking, loyalty programs, or health data analytics. The other options are not sufficient to trigger the obligation to appoint a DPO, unless they are combined with other factors that indicate a large scale or a high risk of the processing. For instance, option A is not relevant, as the GDPR does not set a threshold based on the size or number of employees of the organisation. Option B is also not decisive, as the GDPR does not distinguish between for-profit or non-profit purposes of the processing.
Option C may require a DPO if the processing of financial information or information relating to children is done on a large scale and involves special categories of data, but it is not a general rule. References:
* 1: Article 37 of the GDPR
* 2: Guidelines on Data Protection Officers ('DPOs')
* 3: 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)
* 4: https://edpb.europa.eu/sites/edpb/files/files/file1/wp243rev01_en.pdf
* 5: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679
* 6: [https://edpb.europa.eu/sites/edpb/files/files/file1/wp243rev01_en.pdf]
* 7: [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679] Reference: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection- regulation-gdpr/accountability-and-governance/data-protection-officers/
NEW QUESTION # 92
How is the retention of communications traffic data for law enforcement purposes addressed by European data protection law?
- A. The GDPR allows the retention of such data for the prevention, investigation, detection or prosecution of criminal offences only.
- B. The ePrivacy Directive harmonizes EU member states' rules concerning such data retention.
- C. The Data Retention Directive's annulment makes such data retention now permissible.
- D. The ePrivacy Directive allows individual EU member states to engage in such data retention.
Answer: B
Explanation:
The ePrivacy Directive is a European Union (EU) directive that aims to protect the confidentiality of electronic communications and prevent their indiscriminate interception or monitoring. It was adopted in 2002 and amended in 2009. It applies to all providers of electronic communication services, such as internet service providers, mobile network operators, and online platforms12.
One of the main objectives of the ePrivacy Directive is to ensure that the retention of communications traffic data for law enforcement purposes is subject to strict conditions and safeguards. Communications traffic data refers to any information relating to the transmission or routing of electronic communications, such as IP addresses, timestamps, and metadata3. Such data can be used by competent national authorities for the prevention, investigation, detection or prosecution of criminal offences and safeguarding national security4.
However, the ePrivacy Directive does not allow individual EU member states to engage in such data retention without harmonizing their rules. Article 6(1)(b) of the directive states that "Member States shall ensure that any measures taken by them in relation to the retention of traffic data are consistent with this Directive". Therefore, each EU member state must adopt a national law that complies with the requirements and limitations set by the directive12.
The Data Retention Directive (DRD) was a previous EU directive that aimed to establish a common framework for the retention of communications traffic data for law enforcement purposes across all EU member states. It was adopted in 2006 and amended in 2010. However, it was annulled by the Court of Justice of the European Union (CJEU) in 2014 on procedural grounds. The CJEU found that some provisions of the DRD were inconsistent with other EU directives and principles, such as Article 8(2) of the Charter of Fundamental Rights (CFR), which protects individuals from arbitrary interference with their privacy56.
The GDPR is a new EU regulation that implements some aspects of the DRD into national law through its provisions on processing personal data. However, it does not address directly the issue of communications traffic data retention for law enforcement purposes. Instead, it requires providers to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk involved in processing personal data. These measures include encryption, pseudonymisation, access control, and accountability7 . The GDPR also grants individuals certain rights regarding their personal data, such as access, rectification, erasure, portability, and objection7 .
Therefore, under current EU law, there is no single legal basis for retaining communications traffic data for law enforcement purposes across all EU member states. Each member state must adopt its own national law that respects the principles and limitations established by the ePrivacy Directive.
Reference:
ePrivacy Directive
ePrivacy Regulation
What is Communications Traffic Data?
How is Communications Traffic Data Retained?
Data Retention Directive
Data Retention Directive annulled by CJEU
General Data Protection Regulation
What are your rights regarding your personal data?
NEW QUESTION # 93
If a multi-national company wanted to conduct background checks on all current and potential employees, including those based in Europe, what key provision would the company have to follow?
- A. Background checks may not be allowed on European employees, but the company can create lists based on its legitimate interests, identifying individuals who are ineligible for employment.
- B. Background checks on European employees will stem from data protection and employment law, which can vary between member states.
- C. Background checks are only authorized with prior notice and express consent from all employees including those based in Europe.
- D. Background checks on employees could be performed only under prior notice to all employees.
Answer: B
Explanation:
Reference https://www.shrm.org/resourcesandtools/tools-and-samples/toolkits/pages/ conductingbackgroundinvestigations.aspx
NEW QUESTION # 94
SCENARIO
Please use the following to answer the next question:
Due to rapidly expanding workforce, Company A has decided to outsource its payroll function to Company B.
Company B is an established payroll service provider with a sizable client base and a solid reputation in the industry.
Company B's payroll solution for Company A relies on the collection of time and attendance data obtained via a biometric entry system installed in each of Company A's factories. Company B won't hold any biometric data itself, but the related data will be uploaded to Company B's UK servers and used to provide the payroll service. Company B's live systems will contain the following information for each of Company A's employees:
* Name
* Address
* Date of Birth
* Payroll number
* National Insurance number
* Sick pay entitlement
* Maternity/paternity pay entitlement
* Holiday entitlement
* Pension and benefits contributions
* Trade union contributions
Jenny is the compliance officer at Company A. She first considers whether Company A needs to carry out a data protection impact assessment in relation to the new time and attendance system, but isn't sure whether or not this is required.
Jenny does know, however, that under the GDPR there must be a formal written agreement requiring Company B to use the time and attendance data only for the purpose of providing the payroll service, and to apply appropriate technical and organizational security measures for safeguarding the data. Jenny suggests that Company B obtain advice from its data protection officer. The company doesn't have a DPO but agrees, in the interest of finalizing the contract, to sign up for the provisions in full. Company A enters into the contract.
Weeks later, while still under contract with Company A, Company B embarks upon a separate project meant to enhance the functionality of its payroll service, and engages Company C to help. Company C agrees to extract all personal data from Company B's live systems in order to create a new database for Company B.
This database will be stored in a test environment hosted on Company C's U.S. server. The two companies agree not to include any data processing provisions in their services agreement, as data is only being used for IT testing purposes.
Unfortunately, Company C's U.S. server is only protected by an outdated IT security system, and suffers a cyber security incident soon after Company C begins work on the project. As a result, data relating to Company A's employees is visible to anyone visiting Company C's website. Company A is unaware of this until Jenny receives a letter from the supervisory authority in connection with the investigation that ensues.
As soon as Jenny is made aware of the breach, she notifies all affected employees.
Under the GDPR, which of Company B's actions would NOT be likely to trigger a potential enforcement action?
- A. Their failure to provide sufficient security safeguards to Company A's data.
- B. Their engagement of Company C to improve their payroll service.
- C. Their omission of data protection provisions in their contract with Company C.
- D. Their decision to operate without a data protection officer.
Answer: B
Explanation:
While Company B made several mistakes in handling Company A's employee data, not all of them would likely trigger a potential enforcement action under the GDPR. Here's an analysis of each option:
A: Omission of data protection provisions in the contract with Company C: This is a clear violation of the GDPR. Company B, as the data controller, is responsible for ensuring that any third-party processors comply with data protection requirements. By omitting data protection provisions in the contract, Company B failed to take appropriate steps to ensure the security and privacy of the personal data. This would be a likely trigger for an enforcement action.
B: Failure to provide sufficient security safeguards to Company A's data: This is another violation of the GDPR. Company B has a legal obligation to implement appropriate technical and organizational security measures to protect personal data from unauthorized access, use, disclosure, alteration, or destruction. The outdated IT security system at Company C's U.S. server demonstrates a failure to meet this obligation. This would also be a likely trigger for an enforcement action.
C: Engagement of Company C to improve their payroll service: While outsourcing certain aspects of data processing is permitted under the GDPR, the data controller remains ultimately responsible for compliance.
However, simply engaging another company to improve a service itself isn't necessarily a violation. As long as the proper safeguards are in place and the data processing is carried out in accordance with the GDPR, this action alone would not likely trigger an enforcement action.
D: Decision to operate without a data protection officer: The GDPR requires certain organizations to appoint a data protection officer (DPO). While Company B may be required to have a DPO depending on its size and activities, the absence of a DPO wouldn't automatically trigger an enforcement action. However, it could indicate a lack of compliance culture and contribute to other violations, increasing the likelihood of an enforcement action.
Therefore, while Company B made several mistakes, only the ones that directly violate specific data protection requirements, such as omitting data protection provisions in contracts or failing to implement appropriate security measures, are likely to trigger an enforcement action. Engaging a third-party to improve a service, as long as it's done in a compliant manner, isn't a violation in itself.
NEW QUESTION # 95
......
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