Under Article 58 of the GDPR, which of the following describes a power of supervisory authorities in European Union (EU) member states?

The right to access data for investigative purposes.

The ability to enact new laws by executive order.

The right to access data for investigative purposes.

The discretion to carry out goals of elected officials within the member state.

The authority to select penalties when a controller is found guilty in a court of law.

SCENARIOPlease use the following to answer the next question:Javier is a member of the fitness club EVERFIT. This company has branches in many EU member states, but for the purposes of the GDPR maintains its primary establishment in France. Javier lives in Newry, Northern Ireland (part of the U.K.), and commutes across the border to work in Dundalk, Ireland. Two years ago while on a business trip, Javier was photographed while working out at a branch of EVERFIT in Frankfurt, Germany. At the time, Javier gave his consent to being included in the photograph, since he was told that it would be used for promotional purposes only. Since then, the photograph has been used in the club's U.K. brochures, and it features in the landing page of its U.K. website. However, the fitness club has recently fallen into disrepute due to widespread mistreatment of members at various branches of the club in several EU member states. As a result, Javier no longer feels comfortable with his photograph being publicly associated with the fitness club.After numerous failed attempts to book an appointment with the manager of the local branch to discuss this matter, Javier sends a letter to EVETFIT requesting that his image be removed from the website and all promotional materials. Months pass and Javier, having received no acknowledgment of his request, becomes very anxious about this matter. After repeatedly failing to contact EVETFIT through alternate channels, he decides to take action against the company.Javier contacts the U.K. Information Commissioner's Office ('ICO' -- the U.K.'s supervisory authority) to lodge a complaint about this matter. The ICO, pursuant to Article 56 (3) of the GDPR, informs the CNIL (i.e. the supervisory authority of EVERFIT's main establishment) about this matter. Despite the fact that EVERFIT has an establishment in the U.K., the CNIL decides to handle the case in accordance with Article 60 of the GDPR. The CNIL liaises with the ICO, as relevant under the cooperation procedure. In light of issues amongst the supervisory authorities to reach a decision, the European Data Protection Board becomes involved and, pursuant to the consistency mechanism, issues a binding decision.Additionally, Javier sues EVERFIT for the damages caused as a result of its failure to honor his request to have his photograph removed from the brochure and website.Under the cooperation mechanism, what should the lead authority (the CNIL) do after it has formed its view on the matter?

Submit a draft decision to other supervisory authorities for their opinion.

Request that the other supervisory authorities provide the lead authority with a draft decision for its consideration.

Submit a draft decision directly to the Commission to ensure the effectiveness of the consistency mechanism.

Request that members of the seconding supervisory authority and the host supervisory authority co-draft a decision.

SCENARIOPlease use the following to answer the next question:Javier is a member of the fitness club EVERFIT. This company has branches in many EU member states, but for the purposes of the GDPR maintains its primary establishment in France. Javier lives in Newry, Northern Ireland (part of the U.K.), and commutes across the border to work in Dundalk, Ireland. Two years ago while on a business trip, Javier was photographed while working out at a branch of EVERFIT in Frankfurt, Germany. At the time, Javier gave his consent to being included in the photograph, since he was told that it would be used for promotional purposes only. Since then, the photograph has been used in the club's U.K. brochures, and it features in the landing page of its U.K. website. However, the fitness club has recently fallen into disrepute due to widespread mistreatment of members at various branches of the club in several EU member states. As a result, Javier no longer feels comfortable with his photograph being publicly associated with the fitness club.After numerous failed attempts to book an appointment with the manager of the local branch to discuss this matter, Javier sends a letter to EVETFIT requesting that his image be removed from the website and all promotional materials. Months pass and Javier, having received no acknowledgment of his request, becomes very anxious about this matter. After repeatedly failing to contact EVETFIT through alternate channels, he decides to take action against the company.Javier contacts the U.K. Information Commissioner's Office ('ICO' -- the U.K.'s supervisory authority) to lodge a complaint about this matter. The ICO, pursuant to Article 56 (3) of the GDPR, informs the CNIL (i.e. the supervisory authority of EVERFIT's main establishment) about this matter. Despite the fact that EVERFIT has an establishment in the U.K., the CNIL decides to handle the case in accordance with Article 60 of the GDPR. The CNIL liaises with the ICO, as relevant under the cooperation procedure. In light of issues amongst the supervisory authorities to reach a decision, the European Data Protection Board becomes involved and, pursuant to the consistency mechanism, issues a binding decision.Additionally, Javier sues EVERFIT for the damages caused as a result of its failure to honor his request to have his photograph removed from the brochure and website.Assuming that multiple EVETFIT branches across several EU countries are acting as separate data controllers, and that each of those branches were responsible for mishandling Javier's request, how may Javier proceed in order to seek compensation?

He will be able to sue any one of the relevant EVETFIT branches, as each one may be held liable for the entire damage.

He will have to sue the EVETFIT's head office in France, where EVETFIT has its main establishment.

He will be able to sue any one of the relevant EVETFIT branches, as each one may be held liable for the entire damage.

He will have to sue each EVETFIT branch so that each branch provides proportionate compensation commensurate with its contribution to the damage or distress suffered by Javier.

He will be able to apply to the European Data Protection Board in order to determine which particular EVETFIT branch is liable for damages, based on the decision that was made by the board.

The GDPR specifies fines that may be levied against data controllers for certain infringements. Which of the following infringements would be subject to the less severe administrative fine of up to 10 million euros (or in the case of an undertaking, up to 2% of the total worldwide annual turnover of the preceding financial year)?

Failure to implement technical and organizational measures to ensure data protection is enshrined by design and default.

Failure to demonstrate that consent was given by the data subject to the processing of their personal data where it is used as the basis for processing.

Failure to implement technical and organizational measures to ensure data protection is enshrined by design and default.

Failure to process personal information in a manner compatible with its original purpose.

Failure to provide the means for a data subject to rectify inaccuracies in personal data.

What is the MAIN reason GDPR Article 4(22) establishes the concept of the "concerned supervisory authority''?

To ensure that the interests of individuals residing outside the lead authority's jurisdiction are represented.

To encourage the consistency of local data processing activity.

To give corporations a choice about who their supervisory authority will be.

To ensure the GDPR covers controllers that do not have an establishment in the EU but have a representative in a member state.

To ensure that the interests of individuals residing outside the lead authority's jurisdiction are represented.

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?

Background checks on European employees will stem from data protection and employment law, which can vary between member states.

Background checks on employees could be performed only under prior notice to all employees.

Background checks are only authorized with prior notice and express consent from all employees including those based in Europe.

Background checks on European employees will stem from data protection and employment law, which can vary between member states.

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.

Why is advisable to avoid consent as a legal basis for an employer to process employee data?

Consent may not be valid if the employee feels compelled to provide it.

Employee data can only be processed if there is an approval from the data protection officer.

Consent may not be valid if the employee feels compelled to provide it.

An employer might have difficulty obtaining consent from every employee.

Data protection laws do not apply to processing of employee data.

What is true if an employee makes an access request to his employer for any personal data held about him?

The employer must supply any information held about an employee unless an exemption applies.

The employer can automatically decline the request if it contains personal data about a third person.

The employer can decline the request if the information is only held electronically.

The employer must supply all the information held about the employee.

The employer must supply any information held about an employee unless an exemption applies.

Read the following steps:Discover which employees are accessing cloud services and from which devices and apps Lock down the data in those apps and devicesMonitor and analyze the apps and devices for complianceManage application life cyclesMonitor data sharingAn organization should perform these steps to do which of the following?

Maintain a secure Bring Your Own Device (BYOD) program.

Pursue a GDPR-compliant Privacy by Design process.

Institute a GDPR-compliant employee monitoring process.

Maintain a secure Bring Your Own Device (BYOD) program.

Ensure cloud vendors are complying with internal data use policies.

If a company is planning to use closed-circuit television (CCTV) on its premises and is concerned with GDPR compliance, it should first do all of the following EXCEPT?

Notify the appropriate data protection authority.

Perform a data protection impact assessment (DPIA).

Create an information retention policy for those who operate the system.

Ensure that safeguards are in place to prevent unauthorized access to the footage.

SCENARIOPlease 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.To comply with the GDPR, what should Building Block have done as a first step before implementing the SecurityScan measure?

Assessed potential privacy risks by conducting a data protection impact assessment.

Consulted with the relevant data protection authority about potential privacy violations.

Distributed a more comprehensive notice to employees and received their express consent.

Consulted with the Information Security team to weigh security measures against possible server impacts.

SCENARIOPlease 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.What would be the MOST APPROPRIATE way for Building Block to handle the situation with the employee from Italy?

Since the employee was not informed that the security measures would be used for other purposes such as monitoring, the company could face difficulties in applying any disciplinary measures to this employee.

Since the GDPR does not apply to this situation, the company would be entitled to apply any disciplinary measure authorized under Italian labor law.

Since the employee was the cause of a serious risk for the server performance and their data, the company would be entitled to apply disciplinary measures to this employee, including fair dismissal.

Since the employee was not informed that the security measures would be used for other purposes such as monitoring, the company could face difficulties in applying any disciplinary measures to this employee.

Since this was a serious infringement, but the employee was not appropriately informed about the consequences the new security measures, the company would be entitled to apply some disciplinary measures, but not dismissal.

SCENARIOPlease 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?

Information about who employees should contact with any queries.

Information about what is specified in the employment contract.

Information about who employees should contact with any queries.

Information about how providing consent could affect them as employees.

Information about how the measures are in the best interests of the company.

Based on GDPR Article 35, which of the following situations would trigger the need to complete a DPIA?

A company wants to build a dating app that creates candidate profiles based on location data and data from third-party sources.

A company wants to combine location data with other data in order to offer more personalized service for the customer.

A company wants to use location data to infer information on a person's clothes purchasing habits.

A company wants to build a dating app that creates candidate profiles based on location data and data from third-party sources.

A company wants to use location data to track delivery trucks in order to make the routes more efficient.

In which of the following cases would an organization MOST LIKELY be required to follow both ePrivacy and data protection rules?

When paying a search engine company to give prominence to certain products and services within specific search results.

When creating an untargeted pop-up ad on a website.

When calling a potential customer to notify her of an upcoming product sale.

When emailing a customer to announce that his recent order should arrive earlier than expected.

When paying a search engine company to give prominence to certain products and services within specific search results.

What permissions are required for a marketer to send an email marketing message to a consumer in the EU?

A prior opt-in consent for consumers unless they are already customers.

A pre-checked box stating that the consumer agrees to receive email marketing.

A notice that the consumer's email address will be used for marketing purposes.

No prior permission required, but an opt-out requirement on all emails sent to consumers.

Under what circumstances might the "soft opt-in" rule apply in relation to direct marketing?

When an individual's details are obtained from their inquiries about buying a product.

When an individual has not consented to the marketing.

When an individual's details are obtained from their inquiries about buying a product.

Where an individual's details have been obtained from a bought-in marketing list.

Where an individual is given the ability to unsubscribe from marketing emails sent to him.

What should a controller do after a data subject opts out of a direct marketing activity?

Refrain from processing personal data relating to the data subject for the relevant type of communication.

Without exception, securely delete all personal data relating to the data subject.

Without undue delay, provide information to the data subject on the action that will be taken.

Refrain from processing personal data relating to the data subject for the relevant type of communication.

Take reasonable steps to inform third-party recipients that the data subject's personal data should be deleted and no longer processed.

How is the GDPR's position on consent MOST likely to affect future app design and implementation?

Users will be given granular types of consent for particular types of processing.

App developers will expand the amount of data necessary to collect for an app's functionality.

Users will be given granular types of consent for particular types of processing.

App developers' responsibilities as data controllers will increase.

Users will see fewer advertisements when using apps.

What was the aim of the European Data Protection Directive 95/46/EC?

To further reconcile the protection of the fundamental rights of individuals with the free flow of data from one member state to another.

To harmonize the implementation of the European Convention of Human Rights across all member states.

To implement the OECD Guidelines on the Protection of Privacy and trans-border flows of Personal Data.

To completely prevent the transfer of personal data out of the European Union.

To further reconcile the protection of the fundamental rights of individuals with the free flow of data from one member state to another.

What is the key difference between the European Council and the Council of the European Union?

The European Council is comprised of the heads of each EU member state.

The Council of the European Union is helmed by a president.

The Council of the European Union has a degree of legislative power.

The European Council focuses primarily on issues involving human rights.

The European Council is comprised of the heads of each EU member state.

Which change was introduced by the 2009 amendments to the e-Privacy Directive 2002/58/EC?

A mandatory notification for personal data breaches applicable to electronic communication providers.

A voluntary notification for personal data breaches applicable to all data controllers.

A voluntary notification for personal data breaches applicable to electronic communication providers.

A mandatory notification for personal data breaches applicable to all data controllers.

A mandatory notification for personal data breaches applicable to electronic communication providers.

What is a reason the European Court of Justice declared the Data Retention Directive invalid in 2014?

The requirements affected individuals without exception.

The requirements were financially burdensome to EU businesses.

The requirements specified that data must be held within the EU.

The requirements had limitations on how national authorities could use data.

Which type of personal data does the GDPR define as a "special category" of personal data?

Closed Circuit Television (CCTV) footage.

After leaving the EU under the terms of Brexit, the United Kingdom will seek an adequacy determination. What is the reason for this?

The UK is now a third country because it's no longer subject to the GDPR.

The Insurance Commissioner determined that an adequacy determination is required by the Data Protection Act.

Adequacy determinations automatically lapse when a Member State leaves the EU.

The UK is now a third country because it's no longer subject to the GDPR.

The UK is less trustworthy now that its not part of the Union.

To which of the following parties does the territorial scope of the GDPR NOT apply?

All member countries party to the Paris Agreement.

All member countries of the European Economic Area.

All member countries party to the Treaty of Lisbon.

All member countries party to the Paris Agreement.

All member countries of the European Union.

What must a data controller do in order to make personal data pseudonymous?

Separately hold any information that would allow linking the data to the data subject.

Encrypt the data in order to prevent any unauthorized access or modification.

Remove all indirect data identifiers and dispose of them securely.

Use the data only in aggregated form for research purposes.

Which of the following entities would most likely be exempt from complying with the GDPR?

A North American company servicing customers in South Africa that uses a cloud storage system made by a European company.

A South American company that regularly collects European customers' personal data.

A company that stores all customer data in Australia and is headquartered in a European Union (EU) member state.

A Chinese company that has opened a satellite office in a European Union (EU) member state to service European customers.

A North American company servicing customers in South Africa that uses a cloud storage system made by a European company.

Article 29 Working Party has emphasized that the GDPR forbids "forum shopping'', which occurs when companies do what?

Designate their main establishment in member state with the most flexible practices.

Choose the data protection officer that is most sympathetic to their business concerns.

Designate their main establishment in member state with the most flexible practices.

File appeals of infringement judgments with more than one EU institution simultaneously.

Select third-party processors on the basis of cost rather than quality of privacy protection.

Under Article 9 of the GDPR, which of the following categories of data is NOT expressly prohibited from data processing?

Personal data revealing financial data.

Personal data revealing ethnic origin.

Personal data revealing genetic data.

Personal data revealing financial data.

Personal data revealing trade union membership.

When does the GDPR provide more latitude for a company to process data beyond its original collection purpose?

When the data serves legitimate interest of third parties.

When the data has been pseudonymized.

When the data is protected by technological safeguards.

When the data serves legitimate interest of third parties.

When the data subject has failed to use a provided opt-out mechanism.

In which situation would a data controller most likely be able to justify the processing of the data of a child without parental consent?

When providing preventive or counselling services to the child.

When the data is to be processed for market research.

When providing preventive or counselling services to the child.

When providing the child with materials purely for educational use.

When a legitimate business interest makes obtaining consent impractical.

An organisation receives a request multiple times from a data subject seeking to exercise his rights with respect to his own personal data. Under what condition can the organisation charge the data subject for processing the request?

Only if the organisation can demonstrate that the request is clearly excessive or misguided.

Only where the organisation can show that it is reasonable to do so because more than one request was made.

Only to the extent this is allowed under the restrictions on data subjects' rights introduced under Art 23 of GDPR.

Only where the administrative costs of taking the action requested exceeds a certain threshold.

Only if the organisation can demonstrate that the request is clearly excessive or misguided.

Which GDPR principle would a Spanish employer most likely depend upon to annually send the personal data of its employees to the national tax authority?

The legal obligation of the employer.

The legitimate interest of the public administration.

The protection of the vital interest of the employees.

An online company's privacy practices vary due to the fact that it offers a wide variety of services. How could it best address the concern that explaining them all would make the policies incomprehensible?

Use a layered privacy notice on its website and in its email communications.

Identify uses of data in a privacy notice mailed to the data subject.

Provide only general information about its processing activities and offer a toll-free number for more information.

Place a banner on its website stipulating that visitors agree to its privacy policy and terms of use by visiting the site.

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 railway operator who plans to evaluate the same video surveillance in all the train stations of his company.

A medical organization that wants to begin genetic testing to support earlier research for which they have performed a DPIA.

A data controller who plans to use a new technology product that has already undergone a DPIA by the product's provider.

A marketing team that wants to collect mailing addresses of customers for whom they already have email addresses.

A railway operator who plans to evaluate the same video surveillance in all the train stations of his company.

IAPP CIPP-E Practice Test 3 - Free Online Exam Prep & Questions

Under the GDPR, which of the following is true in regard to adequacy decisions involving cross-border transfers?

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