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SCENARIO Please use the following to answer the next question: ProStorage is a multinational cloud storage provider headquartered in the Netherlands. Its CEO. Ruth Brown, has developed a two-pronged strategy for growth: 1) expand ProStorage s global customer base and 2) increase ProStorage's sales force by efficiently onboarding effective teams. Enacting this strategy has recently been complicated by Ruth's health condition, which has limited her working hours, as well as her ability to travel to meet potential customers. ProStorage's Human Resources department and Ruth's Chief of Staff now work together to manage her schedule and ensure that she is able to make all her medical appointments The latter has become especially crucial after Ruth's last trip to India, where she suffered a medical emergency and was hospitalized m New Delhi Unable to reach Ruths family, the hospital reached out to ProStorage and was able to connect with her Chief of Staff, who in coordination with Mary, the head of HR. provided information to the doctors based on accommodate on requests Ruth made when she started a: ProStorage In support of Ruth's strategic goals of hiring more sales representatives, the Human Resources team is focused on improving its processes to ensure that new employees are sourced, interviewed, hired, and onboarded efficiently. To help with this, Mary identified two vendors, HRYourWay, a German based company, and InstaHR, an Australian based company. She decided to have both vendors go through ProStorage's vendor risk review process so she can work with Ruth to make the final decision. As part of the review process, Jackie, who is responsible for maintaining ProStorage's privacy program (including maintaining controller BCRs and conducting vendor risk assessments), reviewed both vendors but completed a transfer impact assessment only for InstaHR. After her review of both boasted a more established privacy program and provided third-party attestations, whereas HRYourWay was a small vendor with minimal data protection operations. Thus, she recommended InstaHR. ProStorage's marketing team also worked to meet the strategic goals of the company by focusing on industries where it needed to grow its market share. To help with this, the team selected as a partner UpFinance, a US based company with deep connections to financial industry customers. During ProStorage's diligence process, Jackie from the privacy team noted in the transfer impact assessment that UpFinance implements several data protection measures including end-to-end encryption, with encryption keys held by the customer. Notably, UpFinance has not received any government requests in its 7 years of business. Still, Jackie recommended that the contract require UpFinance to notify ProStorage if it receives a government request for personal data UpFinance processes on its behalf prior to disclosing such data. What transfer mechanism did ProStorage most likely rely on to transfer Ruth's medical information to the hospital?








SCENARIO Please use the following to answer the next question: Brady is a computer programmer based in New Zealand who has been running his own business for two years. Brady's business provides a low-cost suite of services to customers throughout the European Economic Area (EEA). The services are targeted towards new and aspiring small business owners. Brady's company, called Brady Box, provides web page design services, a Social Networking Service (SNS) and consulting services that help people manage their own online stores. Unfortunately, Brady has been receiving some complaints. A customer named Anna recently uploaded her plans for a new product onto Brady Box's chat area, which is open to public viewing. Although she realized her mistake two weeks later and removed the document, Anna is holding Brady Box responsible for not noticing the error through regular monitoring of the website. Brady believes he should not be held liable. Another customer, Felipe, was alarmed to discover that his personal information was transferred to a third- party contractor called Hermes Designs and worries that sensitive information regarding his business plans may be misused. Brady does not believe he violated European privacy rules. He provides a privacy notice to all of his customers explicitly stating that personal data may be transferred to specific third parties in fulfillment of a requested service. Felipe says he read the privacy notice but that it was long and complicated Brady continues to insist that Felipe has no need to be concerned, as he can personally vouch for the integrity of Hermes Designs. In fact, Hermes Designs has taken the initiative to create sample customized banner advertisements for customers like Felipe. Brady is happy to provide a link to the example banner ads, now posted on the Hermes Designs webpage. Hermes Designs plans on following up with direct marketing to these customers. Brady was surprised when another customer, Serge, expressed his dismay that a quotation by him is being used within a graphic collage on Brady Box's home webpage. The quotation is attributed to Serge by first and last name. Brady, however, was not worried about any sort of litigation. He wrote back to Serge to let him know that he found the quotation within Brady Box's Social Networking Service (SNS), as Serge himself had posted the quotation. In his response, Brady did offer to remove the quotation as a courtesy. Despite some customer complaints, Brady's business is flourishing. He even supplements his income through online behavioral advertising (OBA) via a third-party ad network with whom he has set clearly defined roles. Brady is pleased that, although some customers are not explicitly aware of the OBA, the advertisements contain useful products and services. Under the General Data Protection Regulation (GDPR), what is the most likely reason Serge may have grounds to object to the use of his quotation?

When would a data subject NOT be able to exercise the right to portability?

A.

When the processing is necessary to perform a task in the exercise of authority vested in the controller.

A.

When the processing is necessary to perform a task in the exercise of authority vested in the controller.

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B.

When the processing is carried out pursuant to a contract with the data subject.

B.

When the processing is carried out pursuant to a contract with the data subject.

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C.

When the data was supplied to the controller by the data subject.

C.

When the data was supplied to the controller by the data subject.

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D.

When the processing is based on consent.

D.

When the processing is based on consent.

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Suggested answer: A

Explanation:

The right to data portability only applies when the processing is based on the data subject's consent or on a contract with the data subject12.Therefore, if the processing is necessary for a task carried out in the public interest or in the exercise of official authority vested in the controller, the right to data portability does not apply12.This is because the data subject does not have a direct influence on the purpose or the means of the processing in such cases3.Reference:1: Article 20 of the GDPR2: Right to data portability | ICO3: The right to data portability (Article 20 of the GDPR)

In which of the following situations would an individual most likely to be able to withdraw her consent for processing?

A.

When she is leaving her bank and moving to another bank.

A.

When she is leaving her bank and moving to another bank.

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B.

When she has recently changed jobs and no longer works for the same company.

B.

When she has recently changed jobs and no longer works for the same company.

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C.

When she disagrees with a diagnosis her doctor has recorded on her records.

C.

When she disagrees with a diagnosis her doctor has recorded on her records.

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D.

When she no longer wishes to be sent marketing materials from an organization.

D.

When she no longer wishes to be sent marketing materials from an organization.

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Suggested answer: D

Explanation:

According to the GDPR, consent is one of the six lawful bases for processing personal data. Consent means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. Consent can be withdrawn at any time, and the withdrawal of consent must be as easy as giving it. Therefore, an individual can withdraw her consent for processing when she no longer wishes to be sent marketing materials from an organization, as this is a clear indication of her wishes and does not affect the lawfulness of the processing based on consent before its withdrawal. The other situations are not related to consent, but to other lawful bases such as contract, legitimate interest or legal obligation.Reference:Free CIPP/E Study Guide, page 9;CIPP/E Certification, page 3; GDPR, Article 4(11), Article 6(1)(a), Article 7(3).

As a result of the European Court of Justice's ruling in the case of Google v. Spain, search engines outside the EEA are also likely to be subject to the Regulation's right to be forgotten. This holds true if the activities of an EU subsidiary and its U.S. parent are what?

A.

Supervised by the same Data Protection Officer.

A.

Supervised by the same Data Protection Officer.

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B.

Consistent with Privacy Shield requirements

B.

Consistent with Privacy Shield requirements

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C.

Bound by a standard contractual clause.

C.

Bound by a standard contractual clause.

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D.

Inextricably linked in their businesses.

D.

Inextricably linked in their businesses.

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Suggested answer: D

Explanation:

According to the CIPP/E study guide, the Court of Justice of the European Union (CJEU) ruled in the case of Google Spain SL, Google Inc.v Agencia Espaola de Proteccin de Datos (AEPD), Mario Costeja Gonzlez1that an Internet search engine operator is responsible for the processing of personal data that appear on web pages published by third parties, and that such operator must comply with the EU data protection law when it has an establishment in the EU. The CJEU held that Google Spain and Google Inc. were inextricably linked in their businesses, since Google Spain promoted and sold advertising space offered by Google Inc., which oriented its activity towards the inhabitants of Spain. Therefore, Google Inc. was subject to the EU data protection law through its subsidiary Google Spain, even though the personal data processing was carried out by Google Inc. outside the EU.This implies that search engines outside the EEA are also likely to be subject to the Regulation's right to be forgotten if they have an establishment in the EU that is inextricably linked to their parent company.Reference:1: CIPP/E study guide, page 16;Google Spain v AEPD and Mario Costeja Gonzlez

A German data subject was the victim of an embarrassing prank 20 years ago. A newspaper website published an article about the prank at the time, and the article is still available on the newspaper's website. Unfortunately, the prank is the top search result when a user searches on the victim's name. The data subject requests that SearchCo delist this result. SearchCo agrees, and instructs its technology team to avoid scanning or indexing the article. What else must SearchCo do?

A.

Notify the newspaper that its article it is delisting the article.

A.

Notify the newspaper that its article it is delisting the article.

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B.

Fully erase the URL to the content, as opposed to delist which is mainly based on data subject's name.

B.

Fully erase the URL to the content, as opposed to delist which is mainly based on data subject's name.

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C.

Identify other controllers who are processing the same information and inform them of the delisting request.

C.

Identify other controllers who are processing the same information and inform them of the delisting request.

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D.

Prevent the article from being listed in search results no matter what search terms are entered into the search engine.

D.

Prevent the article from being listed in search results no matter what search terms are entered into the search engine.

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Suggested answer: A

Explanation:

According to theEuropean Data Protection Law & Practicetextbook, page 326, "the CJEU held that the search engine operator is obliged to remove from the list of results displayed following a search made on the basis of a person's name links to web pages, published by third parties and containing information relating to that person, also in a case where that name or information is not erased beforehand or simultaneously from those web pages, and even, as the case may be, when its publication in itself on those pages is lawful." However, the CJEU also stated that "the operator of the search engine as the person responsible for that processing must, at the latest on the occasion of the erasure from its list of results, disclose to the operator of the web page containing that information the fact that that web page will no longer appear in the search engine's results following a search made on the basis of the data subject's name." Therefore, SearchCo must notify the newspaper that it is delisting the article, as part of its obligation to respect the data subject's right to be forgotten.Reference:

European Data Protection Law & Practice, page 326

CJEU Judgment in Case C-131/12 Google Spain SL, Google Inc. v Agencia Espaola de Proteccin de Datos, Mario Costeja Gonzlez, paragraphs 88 and 93

What are the obligations of a processor that engages a sub-processor?

A.

The processor must give the controller prior written notice and perform a preliminary audit of the sub- processor.

A.

The processor must give the controller prior written notice and perform a preliminary audit of the sub- processor.

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B.

The processor must obtain the controller's specific written authorization and provide annual reports on the sub-processor's performance.

B.

The processor must obtain the controller's specific written authorization and provide annual reports on the sub-processor's performance.

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C.

The processor must receive a written agreement that the sub-processor will be fully liable to the controller for the performance of its obligations in relation to the personal data concerned.

C.

The processor must receive a written agreement that the sub-processor will be fully liable to the controller for the performance of its obligations in relation to the personal data concerned.

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D.

The processor must obtain the consent of the controller and ensure the sub-processor complies with data processing obligations that are equivalent to those that apply to the processor.

D.

The processor must obtain the consent of the controller and ensure the sub-processor complies with data processing obligations that are equivalent to those that apply to the processor.

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Suggested answer: D

Explanation:

According to Article 28(2) of the GDPR, the processor may not engage another processor (sub-processor) without the prior specific or general written authorization of the controller. In the case of general written authorization, the processor must inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes. Furthermore, Article 28(4) of the GDPR states that where a processor engages another processor for carrying out specific processing activities on behalf of the controller, the same data protection obligations as set out in the contract or other legal act between the controller and the processor shall be imposed on that other processor by way of a contract or other legal act under Union or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of the GDPR. Therefore, the processor must ensure that the sub-processor complies with data processing obligations that are equivalent to those that apply to the processor.Reference:

Article 28 of the GDPR

European Data Protection Law & Practice textbook, Chapter 6: Data Processing Obligations, Section 6.3: Processor Obligations, Subsection 6.3.2: Sub-processors

What must be included in a written agreement between the controller and processor in relation to processing conducted on the controller's behalf?

A.

An obligation on the processor to report any personal data breach to the controller within 72 hours.

A.

An obligation on the processor to report any personal data breach to the controller within 72 hours.

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B.

An obligation on both parties to report any serious personal data breach to the supervisory authority.

B.

An obligation on both parties to report any serious personal data breach to the supervisory authority.

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C.

An obligation on both parties to agree to a termination of the agreement if the other party is responsible for a personal data breach.

C.

An obligation on both parties to agree to a termination of the agreement if the other party is responsible for a personal data breach.

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D.

An obligation on the processor to assist the controller in complying with the controller's obligations to notify the supervisory authority about personal data breaches.

D.

An obligation on the processor to assist the controller in complying with the controller's obligations to notify the supervisory authority about personal data breaches.

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Suggested answer: D

Explanation:

According to Article 28(3)(f) of the GDPR, the written agreement between the controller and the processor must include an obligation on the processor to assist the controller in ensuring compliance with the controller's obligations pursuant to Articles 32 to 36 of the GDPR. These obligations include notifying the supervisory authority and the data subjects about personal data breaches, as well as conducting data protection impact assessments and consulting with the supervisory authority when required. The processor must assist the controller by taking appropriate technical and organisational measures, insofar as this is possible, and considering the nature of the processing and the information available to the processor.Reference:

GDPR Article 28(3)(f)

CIPP/E Textbook, Chapter 6, Section 6.2.2, page 154

Free CIPP/E Study Guide, page 18

To provide evidence of GDPR compliance, a company performs an internal audit. As a result, it finds a data base, password-protected, listing all the social network followers of the client.

Regarding the domain of the controller-processor relationships, how is this situation considered?

A.

Compliant with the security principle, because the data base is password-protected.

A.

Compliant with the security principle, because the data base is password-protected.

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B.

Non-compliant, because the storage of the data exceeds the tasks contractually authorized by the controller.

B.

Non-compliant, because the storage of the data exceeds the tasks contractually authorized by the controller.

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C.

Not applicable, because the data base is password protected, and therefore is not at risk of identifying any data subject.

C.

Not applicable, because the data base is password protected, and therefore is not at risk of identifying any data subject.

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D.

Compliant with the storage limitation principle, so long as the internal auditor permanently deletes the data base.

D.

Compliant with the storage limitation principle, so long as the internal auditor permanently deletes the data base.

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Suggested answer: B

Explanation:

The GDPR requires that the processor only processes personal data on behalf of the controller and according to the controller's instructions12.The agreement between the controller and the processor must include provisions that ensure that the processor does not process personal data for any other purposes or in a manner that is inconsistent with the controller's instructions34.Therefore, if the processor stores personal data that is not necessary for the performance of the contract with the controller, such as the social network followers of the client, this is a breach of the GDPR and the processor may be fined2. The fact that the data base is password-protected does not affect the applicability of the GDPR or the security principle, as the data is still personal data that can identify data subjects.The storage limitation principle also requires that personal data be kept for no longer than is necessary for the purposes for which the personal data are processed, so deleting the data base after the audit does not make the situation compliant.Reference:1: Article 28 of the GDPR2: Guidelines 07/2020 on the concepts of controller and processor in the GDPR3: Understanding Controller-to-Processor Agreements - GDPR Advisor4: New Guidelines on Data Controllers and Processors: Time to Review Data Processing Agreements : Article 4 of the GDPR : Article 5 of the GDPR

There are three domains of security covered by Article 32 of the GDPR that apply to both the controller and the processor. These include all of the following EXCEPT?

A.

Consent management and withdrawal.

A.

Consent management and withdrawal.

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B.

Incident detection and response.

B.

Incident detection and response.

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C.

Preventative security.

C.

Preventative security.

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D.

Remedial security.

D.

Remedial security.

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Suggested answer: A

Explanation:

A) Consent management and withdrawal.Comprehensive Explanation:Article 32 of the GDPR requires the controller and the processor to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk of the processing. These measures should take into account the state of the art, the costs of implementation, the nature, scope, context and purposes of processing, and the risks of varying likelihood and severity for the rights and freedoms of natural persons. The three domains of security covered by Article 32 are:

Preventative security:This refers to the measures that aim to prevent or reduce the likelihood of security incidents, such as unauthorized or unlawful access, disclosure, alteration, loss or destruction of personal data. Examples of preventative security measures include encryption, pseudonymization, access control, firewalls, antivirus software, etc.

Incident detection and response:This refers to the measures that aim to detect, analyze, contain, eradicate and recover from security incidents, as well as to notify the relevant authorities and data subjects, and to document the facts and actions taken. Examples of incident detection and response measures include security monitoring, logging, auditing, incident response plans, breach notification procedures, etc.

Remedial security:This refers to the measures that aim to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident, as well as to mitigate the adverse effects of security incidents on the data subjects. Examples of remedial security measures include backup, disaster recovery, business continuity, compensation, etc.

Consent management and withdrawal is not a domain of security covered by Article 32, but rather a requirement for the lawfulness of processing based on consent under Article 6(1)(a) and Article 7 of the GDPR. Consent management and withdrawal involves obtaining, recording, updating and revoking the consent of data subjects for specific purposes of processing, as well as informing them of their right to withdraw their consent at any time.Reference:Free CIPP/E Study Guide, page 35;CIPP/E Certification, page 17; GDPR, Article 32, Article 6(1)(a), Article 7.

In the event of a data breach, which type of information are data controllers NOT required to provide to either the supervisory authorities or the data subjects?

A.

The predicted consequences of the breach.

A.

The predicted consequences of the breach.

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B.

The measures being taken to address the breach.

B.

The measures being taken to address the breach.

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C.

The type of security safeguards used to protect the data.

C.

The type of security safeguards used to protect the data.

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D.

The contact details of the appropriate data protection officer.

D.

The contact details of the appropriate data protection officer.

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Suggested answer: A

Explanation:

According to the CIPP/E study guide, Article 33 of the GDPR requires data controllers to notify the supervisory authority of a personal data breach without undue delay and, where feasible, not later than 72 hours after becoming aware of it, unless the breach is unlikely to result in a risk to the rights and freedoms of natural persons1.Article 34 of the GDPR requires data controllers to communicate the personal data breach to the data subject without undue delay when the breach is likely to result in a high risk to the rights and freedoms of natural persons2.Both articles specify the minimum information that the data controller must provide to the supervisory authority and the data subject, which includes: the nature of the breach, the categories and approximate number of data subjects and personal data records concerned, the name and contact details of the data protection officer or other contact point, the likely consequences of the breach, and the measures taken or proposed to address the breach and mitigate its possible adverse effects12.However, neither article requires the data controller to disclose the type of security safeguards used to protect the data, as this information is not relevant for the purposes of notification and may even compromise the security of the data further3.Reference:1: CIPP/E study guide, page 84;Art. 33 GDPR;Guidelines 01/2021 on Examples regarding Data Breach Notification2: CIPP/E study guide, page 85; [Art. 34 GDPR];Guidelines 01/2021 on Examples regarding Data Breach Notification3:Personal Data Breach | European Data Protection Supervisor;What is a data breach and what do we have to do ... - European Commission.

In which case would a controller who has undertaken a DPIA most likely need to consult with a supervisory authority?

A.

Where the DPIA identifies that personal data needs to be transferred to other countries outside of the EEA.

A.

Where the DPIA identifies that personal data needs to be transferred to other countries outside of the EEA.

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B.

Where the DPIA identifies high risks to individuals' rights and freedoms that the controller can take steps to reduce.

B.

Where the DPIA identifies high risks to individuals' rights and freedoms that the controller can take steps to reduce.

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C.

Where the DPIA identifies that the processing being proposed collects the sensitive data of EU citizens.

C.

Where the DPIA identifies that the processing being proposed collects the sensitive data of EU citizens.

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D.

Where the DPIA identifies risks that will require insurance for protecting its business interests.

D.

Where the DPIA identifies risks that will require insurance for protecting its business interests.

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Suggested answer: B

Explanation:

According to theFree CIPP/E Study Guide, page 14, "if the DPIA indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk, the controller shall consult the supervisory authority prior to the processing." This means that the controller must seek the advice of the supervisory authority when the DPIA identifies high risks that cannot be sufficiently reduced by the controller's own measures. The other options are not necessarily cases where the consultation is required, although they may trigger other obligations under the GDPR, such as obtaining a valid legal basis, providing adequate safeguards, or informing the data subjects.Reference:

Free CIPP/E Study Guide, page 14

GDPR, Article 36

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