IAPP CIPP-E Practice Test - Questions Answers, Page 11

The ePrivacy Directive, also known as the Cookie Law, is the EU legislation that regulates the use of cookies and other tracking technologies on websites and mobile applications. The ePrivacy Directive states that the use of cookies on websites and mobile applications is conditioned upon the prior consent of users, unless the cookies are strictly necessary for the provision of the service. Users must also be given clear and comprehensive information about the purposes of the cookies and the means to refuse them. The ePrivacy Directive complements the GDPR, which also applies to the processing of personal data through cookies, but does not specifically address the consent requirement for cookies. The other answer choices are not relevant to the consent requirement for cookies, as they regulate different aspects of the digital economy and society. The E-Commerce Directive establishes the legal framework for online services in the EU, such as information society services, electronic contracts, and liability of intermediaries. The Data Retention Directive requires telecommunication providers to retain certain data for a period of time for the purpose of law enforcement and national security. The EU Cybersecurity Directive aims to enhance the security of network and information systems across the EU, by setting common standards and obligations for operators of essential services and digital service providers.Reference:

Cookies, the GDPR, and the ePrivacy Directive - GDPR.eu

What is the EU Cookie Law (ePrivacy Directive)? - Cookie Script

EU Cookie Law - Data Protection and Cookies - Cookiebot

ePrivacy Directive - Regulations - Learn how CookiePro Helps

The European model for data protection is best described as comprehensive, because it covers all sectors and types of data processing, and applies to any organization that targets or collects data related to people in the EU. The GDPR is the main legal instrument of this model, and it establishes a set of principles, rights, and obligations for data protection, as well as a harmonized framework for enforcement and cooperation among EU member states and data protection authorities. The GDPR also aims to ensure consistency with other EU laws and policies, such as the ePrivacy Directive, the Charter of Fundamental Rights, and the European Data Strategy. The European model for data protection is based on the recognition of data protection as a fundamental right and a public interest, and it reflects the EU's values and objectives of promoting human dignity, democracy, and the rule of law.Reference:

Data protection in the EU, section "Legislation''

What is GDPR, the EU's new data protection law?, section "What is the GDPR?''

European Data Protection, Third Edition, page 1, section "Introduction''

European Data Protection: Law and Practice, page 1, section "Introduction''

The aim of the European Data Protection Directive 95/46/EC was to establish a common legal framework for the protection of personal data within the European Union, and to ensure the free movement of such data within the internal market. The Directive was based on the recognition that the processing of personal data affects the fundamental rights and freedoms of individuals, especially their right to privacy, and that these rights need to be respected and safeguarded. At the same time, the Directive acknowledged that the free flow of personal data is essential for the economic and social development of the EU, and that the harmonization of data protection laws would facilitate the exchange of information and the provision of services across the member states. Therefore, the Directive aimed to strike a balance between the protection of individuals' rights and the promotion of the internal market, by laying down the key principles, obligations and rights for the processing of personal data, and by providing mechanisms for cooperation and coordination among the national data protection authorities.Reference:Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data,Data Protection Directive - Wikipedia

Section: (none)

Explanation:

The European Council and the Council of the European Union are two different EU institutions that have similar names but distinct roles and memberships.The European Council is the body of leaders (heads of state or government) of the 27 EU member states that defines the EU's general political direction and priorities1.The European Council does not adopt EU legislation, but rather sets the agenda and gives guidance to the other EU institutions1.The Council of the European Union, informally known as the Council, is composed of national ministers from each EU member state, grouped by policy area1.The Council is one of the two legislative bodies of the EU, along with the European Parliament, and negotiates and adopts EU laws, coordinates member states' policies, and develops the EU's common foreign and security policy1.The key difference between the two institutions is that the European Council is comprised of the heads of each EU member state, while the Council of the European Union is comprised of the ministers of each EU member state12.Reference:European Council | Council of the European Union,What is the difference between EU Council, Council of the European Union, and Council of Europe?

The e-Privacy Directive 2002/58/EC, also known as the Directive on privacy and electronic communications, is a specific directive that complements and particularises the GDPR for the electronic communications sector. It was amended in 2009 by the Directive 2009/136/EC, which introduced several changes to enhance the protection of personal data and privacy in the electronic communications sector. One of these changes was the introduction of a mandatory notification for personal data breaches applicable to providers of publicly available electronic communications services, such as telecom providers and internet service providers. According to Article 4 of the amended e-Privacy Directive, these providers must notify the competent national authority of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed in connection with the provision of a publicly available electronic communications service in the Community. The notification must be made without undue delay and, where feasible, not later than 24 hours after the provider has become aware of the breach. The notification must include information such as the nature and content of the personal data concerned, the circumstances and consequences of the breach, and the measures taken or proposed by the provider to address the breach. The provider must also notify the affected data subjects of the breach, unless the provider has demonstrated to the satisfaction of the competent authority that it has implemented appropriate technological protection measures that render the data unintelligible to any person who is not authorised to access it. The notification to the data subjects must describe the nature of the breach and the contact points where more information can be obtained, and must recommend measures to mitigate the possible adverse effects of the breach. The purpose of this mandatory notification is to ensure that the authorities and the data subjects are informed of the risks and the remedies related to the breach, and to encourage the providers to improve their security measures and prevent further breaches.Reference:e-Privacy Directive,Changes to e-Privacy Directive Approved by European Parliament,Article 2 Amendments to Directive 2002/58/EC (Directive on privacy and electronic communications),Personal data breaches

The Data Retention Directive was a EU law that required providers of electronic communications services to retain certain data, such as traffic and location data, for a period of between six months and two years, for the purpose of preventing, investigating, detecting and prosecuting serious crime1.However, in 2014, the Court of Justice of the European Union declared the Directive invalid, because it violated the fundamental rights to respect for private life and to the protection of personal data, as enshrined in the Charter of Fundamental Rights of the EU2.The Court found that the Directive entailed a wide-ranging and particularly serious interference with those rights, without being limited to what is strictly necessary3.One of the reasons for this finding was that the Directive applied to all individuals, all means of electronic communication and all traffic data without any differentiation, limitation or exception, thus affecting the entire population of the EU4.The Court also noted that the Directive did not provide sufficient safeguards to ensure effective protection of the data against the risk of abuse and unlawful access, and did not require the data to be retained within the EU5.Reference:1Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC2Charter of Fundamental Rights of the European Union3Press release No 54/14 - Judgment in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others4Judgment of the Court (Grand Chamber) of 8 April 2014. Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources and Others and Krntner Landesregierung and Others. Requests for a preliminary ruling from the High Court (Ireland) and the Verfassungsgerichtshof (Austria).Joined cases C-293/12 and C-594/125Ibid.

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According to Article 9 of the GDPR, special category data is personal data that needs more protection because it is sensitive. The GDPR defines 10 types of personal data as special categories, which are:

personal data revealing racial or ethnic origin;

personal data revealing political opinions;

personal data revealing religious or philosophical beliefs;

personal data revealing trade union membership;

genetic data;

biometric data (where used for identification purposes);

data concerning health;

data concerning a person's sex life; and

data concerning a person's sexual orientation.

Among the answer choices, only option B falls under one of these categories, as trade union membership is considered to reveal political opinions or beliefs. Option A, C and D are not considered as special category data, as they do not reveal any sensitive information about the data subject. However, they are still subject to the general principles and rules of the GDPR, such as lawfulness, fairness, transparency, accuracy, security, etc.Reference:

Special category data | ICO

Art. 9 GDPR Processing of special categories of personal data

Special Categories of Data - International Association of Privacy Professionals

The GDPR applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not.The GDPR also applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to such data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU1.Therefore, after leaving the EU under the terms of Brexit, the UK became a third country for the purposes of the GDPR, meaning that personal data transfers from the EU to the UK are subject to the rules on international data transfers under Chapter V of the GDPR2.In order to ensure the continuity and stability of data flows between the EU and the UK, the UK sought an adequacy decision from the European Commission, which is a formal recognition that a third country provides an equivalent level of data protection to that of the EU3.On 28 June 2021, the European Commission adopted two adequacy decisions in respect of the UK: one for transfers under the GDPR and the other for transfers under the Law Enforcement Directive (LED)4.These decisions allow personal data to flow freely from the EU to the UK without any further safeguard being necessary, and are expected to last until 27 June 2025, unless they are amended, suspended or repealed earlier5.Reference:

GDPR, Article 3

GDPR, Chapter V

Data protection adequacy for non-EU countries, section "Adequacy decisions''

UK government welcomes the European Commission's draft data adequacy decisions

Adequacy, section "What does the EU GDPR adequacy decision say?''

The territorial scope of the GDPR is determined by Article 3 of the Regulation, which sets out two main criteria for applying the GDPR to the processing of personal data: the establishment criterion and the targeting criterion. The establishment criterion applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not. The targeting criterion applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to such data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU. In addition, the GDPR applies to the processing of personal data by a controller not established in the EU, but in a place where Member State law applies by virtue of public international law.

Therefore, the territorial scope of the GDPR does not depend on the membership of a country to a particular international agreement or organisation, but on the location and activities of the controller or processor and the data subjects involved in the processing. The Paris Agreement is an international treaty on climate change that aims to limit global warming and reduce greenhouse gas emissions. It does not have any direct or indirect relevance to the GDPR or the protection of personal data. Hence, being a party to the Paris Agreement does not affect the applicability of the GDPR to a country or a controller or processor established in that country.

The other options are incorrect because they are either directly or indirectly related to the GDPR or the protection of personal data. The European Economic Area (EEA) consists of all EU member states plus Iceland, Liechtenstein and Norway. The EEA Agreement allows these three countries to participate in the EU's internal market and to adopt most of the EU legislation, including the GDPR. Therefore, the GDPR applies to all EEA countries as if they were EU member states. The Treaty of Lisbon is an international agreement that amends the two treaties which form the constitutional basis of the EU. The Treaty of Lisbon introduces several changes to the EU's institutional structure, decision-making process, and policy areas, including the recognition of the Charter of Fundamental Rights of the EU as legally binding. The Charter of Fundamental Rights of the EU includes the right to the protection of personal data as a fundamental right, and provides the legal basis for the GDPR. Therefore, the GDPR applies to all EU member states that are parties to the Treaty of Lisbon. The European Union (EU) is a political and economic union of 27 member states that are located primarily in Europe. The EU has developed an internal single market through a standardised system of laws that apply in all member states, including the GDPR. Therefore, the GDPR applies to all EU member states by virtue of their membership to the EU.Reference:Art. 3 GDPR -- Territorial scope,Guidelines 3/2018 on the territorial scope of the GDPR (Article 3) - version adopted after public consultation,Paris Agreement - Wikipedia,European Economic Area - Wikipedia,Treaty of Lisbon - Wikipedia,European Union - Wikipedia