IAPP CIPP-E Practice Test - Questions Answers

According to Article 14 of the GDPR, where personal data is not obtained directly from the data subject, the controller must provide the data subject with certain information about the processing, such as the identity of the controller, the purposes and legal basis of the processing, the categories of personal data concerned, the recipients or categories of recipients of the personal data, and the rights of the data subject12. However, there are some exceptions to this obligation, as specified in Article 14(5).One of them is when the provision of such information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation is likely to render impossible or seriously impair the achievement of the objectives of that processing12.In such cases, the controller must take appropriate measures to protect the data subject's rights and freedoms and legitimate interests, including making the information publicly available12.Reference:CIPP/E Certification - International Association of Privacy Professionals,Free CIPP/E Study Guide - International Association of Privacy Professionals,GDPR - EUR-Lex,Right to be Informed - General Data Protection Regulation (GDPR)

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 The outdated IT security system at Company C's U.S. server demonstrates a failure to meet this obligation.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.

Article 82 of the GDPR1234regulates the right to compensation and liability for any person who has suffered material or non-material damage as a result of an infringement of the GDPR.

Paragraph 4 of Article 821234states that a controller or processor shall be exempt from liability under paragraph 2 (which holds them liable for the damage caused by processing which infringes the GDPR) if it proves that it is not in any way responsible for the event giving rise to the damage.

Therefore, the right to compensation and liability under the GDPR provides for an exemption from liability if the data controller (or data processor) proves that it is not in any way responsible for the event giving rise to the damage.

1: Art. 82 GDPR -- Right to compensation and liability - General Data Protection Regulation (GDPR)

2: Art. 82 GDPR - Right to compensation and liability - GDPR.eu

3: GDPR Article 82: Right to compensation and liability - Advisera

4: Article 82 GDPR | Right to compensation and liability

A layered notice is a privacy notice designed to respond to problems with excessively long notices1.A short notice --- the top layer --- provides a user with the key elements of the privacy notice, such as the identity of the organisation, the purposes of the processing, and the rights of the data subjects2.The full notice --- the bottom layer --- covers all the intricacies in full, such as the lawful basis, the retention periods, and the recipients of the personal data2.The ICO recommends using a layered approach to deliver privacy information in a concise, transparent, intelligible, and easily accessible way, as required by the UK GDPR3.A layered notice allows data subjects to access the information they need at the appropriate level of detail and helps organisations to comply with the right to be informed23.Reference:2

:According to Article 14 of the GDPR, when a controller collects personal data from a source other than the data subject, the controller must provide the data subject with certain information, such as the identity and contact details of the controller, the purposes and legal basis of the processing, the categories of personal data concerned, the recipients or categories of recipients of the personal data, and the rights of the data subject. This information must be provided within a reasonable period after obtaining the personal data, but at the latest within one month, or at the time of the first communication with the data subject, or before disclosing the data to another recipient. The purpose of this provision is to ensure fair and transparent processing of personal data and to respect the right of the data subject to be informed.Reference:

Article 14 of the GDPR, which specifies the information to be provided where personal data have not been obtained from the data subject.

ICO guidance, which explains the requirements and exceptions of Article 14 of the GDPR.

EDPB guidelines, which provide further guidance on the application of Article 14 of the GDPR.

The GDPR requires that data subjects are provided with certain information when their personal data are collected, either from the data subject themselves or from another source12.This information includes, among other things, the identity and contact details of the controller (and, where applicable, of the controller's representative and the data protection officer), and the purposes of the processing for which the personal data are intended as well as the legal basis for the processing34.This information is necessary to ensure fair and transparent processing of personal data, and to enable data subjects to exercise their rights under the GDPR5. Therefore, option C is the correct answer, as it contains two of the essential pieces of information that must be provided to data subjects before collecting their personal data.Options A, B and D are incorrect, as they do not include all the required information or include information that is not mandatory.Reference:1: Article 13 of the GDPR2: Article 14 of the GDPR3: Article 13(1)(a) and of the GDPR4: Article 14(1)(a) and of the GDPR5: Recital 60 of the GDPR

:According to the GDPR, data controllers must respond to a data access request (also known as a subject access request or SAR) without undue delay and in any event within one month of receipt of the request. This time limit can be extended by a further two months if the request is complex or if the controller receives a number of requests from the same individual. However, the controller must still inform the individual within one month of receipt of the request and explain why the extension is necessary. The time limit is calculated from the day after the request is received (whether it is a working day or not) until the corresponding calendar date in the next month. If there is no corresponding calendar date, the deadline is the last day of the next month. If the deadline falls on a weekend or public holiday, the response must be provided on the next working day.Reference:

GDPR, Article 12(3)

ICO, Right of access1

ICO, Time limits for responding to data protection rights requests2

According to Article 13 of the GDPR, when a controller obtains personal data directly from the data subject, the controller must provide the data subject with certain information about the processing of their data, such as the identity and contact details of the controller, the purposes and legal basis of the processing, the recipients or categories of recipients, the period of storage, the rights of the data subject, the right to lodge a complaint, etc. However, the controller does not have to provide the data subject with the categories of personal data concerned, as this information is already known by the data subject, since they provided the data themselves. This is different from Article 14, which applies when the controller obtains personal data from a source other than the data subject, and requires the controller to inform the data subject of the categories of personal data concerned, as well as the source of the data.Reference:

Art. 13 GDPR - Information to be provided where personal data are collected from the data subject

Art. 14 GDPR - Information to be provided where personal data have not been obtained from the data subject

Article 13: Information to be provided where personal data are collected from the data subject - GDPR

According to Article 14 of the GDPR, if the controller obtains personal data from other sources, such as third parties or publicly accessible sources, the controller must provide the data subject with the necessary privacy information, such as the identity and contact details of the controller, the purposes and legal basis of the processing, the categories of personal data concerned, the recipients or categories of recipients of the personal data, and the rights of the data subject. The controller must provide this information within a reasonable period after obtaining the personal data, but no later than one month, having regard to the specific circumstances in which the personal data are processed.However, there are some exceptions to this rule, such as if the data subject already has the information, if the provision of the information proves impossible or would involve a disproportionate effort, if the obtaining or disclosure of the data is expressly laid down by EU or member state law, or if the personal data must remain confidential subject to an obligation of professional secrecy12.Reference:

GDPR, Article 14

Free CIPP/E Study Guide, page 19, section 2.5.1

CIPP/E Certification, page 14, section 1.2.1

Art. 14 GDPR - Information to be provided where personal data have not been obtained from the data subject

Article 14 GDPR - GDPRhub