IAPP CIPP-E Practice Test - Questions Answers, Page 6
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How does the GDPR now define "processing''?
Any act involving the collecting and recording of personal data.
Any operation or set of operations performed on personal data or on sets of personal data.
Any use or disclosure of personal data compatible with the purpose for which the data was collected.
Any operation or set of operations performed by automated means on personal data or on sets of personal data.
What is the consequence if a processor makes an independent decision regarding the purposes and means of processing it carries out on behalf of a controller?
The controller will be liable to pay an administrative fine
The processor will be liable to pay compensation to affected data subjects
The processor will be considered to be a controller in respect of the processing concerned
The controller will be required to demonstrate that the unauthorized processing negatively affected one or more of the parties involved
According to the GDPR, how is pseudonymous personal data defined?
Data that can no longer be attributed to a specific data subject without the use of additional information kept separately.
Data that can no longer be attributed to a specific data subject, with no possibility of re-identifying the data.
Data that has been rendered anonymous in such a manner that the data subject is no longer identifiable.
Data that has been encrypted or is subject to other technical safeguards.
Under which of the following conditions does the General Data Protection Regulation NOT apply to the processing of personal data?
When the personal data is processed only in non-electronic form
When the personal data is collected and then pseudonymised by the controller
When the personal data is held by the controller but not processed for further purposes
When the personal data is processed by an individual only for their household activities
According to the E-Commerce Directive 2000/31/EC, where is the place of "establishment" for a company providing services via an Internet website confirmed by the GDPR?
Where the technology supporting the website is located
Where the website is accessed
Where the decisions about processing are made
Where the customer's Internet service provider is located
SCENARIO
Please use the following to answer the next question:
Louis, a long-time customer of Bedrock Insurance, was involved in a minor car accident a few months ago. Although no one was hurt, Louis has been plagued by texts and calls from a company called Accidentable offering to help him recover compensation for personal injury. Louis has heard about insurance companies selling customers' data to third parties, and he's convinced that Accidentable must have gotten his information from Bedrock Insurance.
Louis has also been receiving an increased amount of marketing information from Bedrock, trying to sell him their full range of their insurance policies.
Perturbed by this, Louis has started looking at price comparison sites on the internet and has been shocked to find that other insurers offer much cheaper rates than Bedrock, even though he has been a loyal customer for many years. When his Bedrock policy comes up for renewal, he decides to switch to Zantrum Insurance.
In order to activate his new insurance policy, Louis needs to supply Zantrum with information about his No Claims bonus, his vehicle and his driving history. After researching his rights under the GDPR, he writes to ask Bedrock to transfer his information directly to Zantrum. He also takes this opportunity to ask Bedrock to stop using his personal data for marketing purposes.
Bedrock supplies Louis with a PDF and XML (Extensible Markup Language) versions of his No Claims Certificate, but tells Louis it cannot transfer his data directly to Zantrum as this is not technically feasible. Bedrock also explains that Louis's contract included a provision whereby Louis agreed that his data could be used for marketing purposes; according to Bedrock, it is too late for Louis to change his mind about this. It angers Louis when he recalls the wording of the contract, which was filled with legal jargon and very confusing.
In the meantime, Louis is still receiving unwanted calls from Accidentable Insurance. He writes to Accidentable to ask for the name of the organization that supplied his details to them. He warns Accidentable that he plans to complain to the data protection authority, because he thinks their company has been using his data unlawfully. His letter states that he does not want his data being used by them in any way.
Accidentable's response letter confirms Louis's suspicions. Accidentable is Bedrock Insurance's wholly owned subsidiary, and they received information about Louis's accident from Bedrock shortly after Louis submitted his accident claim. Accidentable assures Louis that there has been no breach of the GDPR, as Louis's contract included, a provision in which he agreed to share his information with Bedrock's affiliates for business purposes.
Louis is disgusted by the way in which he has been treated by Bedrock, and writes to them insisting that all his information be erased from their computer system.
Which statement accurately summarizes Bedrock's obligation in regard to Louis's data portability request?
Bedrock does not have a duty to transfer Louis's data to Zantrum if doing so is legitimately not technically feasible.
Bedrock does not have to transfer Louis's data to Zantrum because the right to data portability does not apply where personal data are processed in order to carry out tasks in the public interest.
Bedrock has failed to comply with the duty to transfer Louis's data to Zantrum because the duty applies wherever personal data are processed by automated means and necessary for the performance of a contract with the customer.
Bedrock has failed to comply with the duty to transfer Louis's data to Zantrum because it has an obligation to develop commonly used, machine-readable and interoperable formats so that all customer data can be ported to other insurers on request.
SCENARIO
Please use the following to answer the next question:
Louis, a long-time customer of Bedrock Insurance, was involved in a minor car accident a few months ago. Although no one was hurt, Louis has been plagued by texts and calls from a company called Accidentable offering to help him recover compensation for personal injury. Louis has heard about insurance companies selling customers' data to third parties, and he's convinced that Accidentable must have gotten his information from Bedrock Insurance.
Louis has also been receiving an increased amount of marketing information from Bedrock, trying to sell him their full range of their insurance policies.
Perturbed by this, Louis has started looking at price comparison sites on the internet and has been shocked to find that other insurers offer much cheaper rates than Bedrock, even though he has been a loyal customer for many years. When his Bedrock policy comes up for renewal, he decides to switch to Zantrum Insurance.
In order to activate his new insurance policy, Louis needs to supply Zantrum with information about his No Claims bonus, his vehicle and his driving history. After researching his rights under the GDPR, he writes to ask Bedrock to transfer his information directly to Zantrum. He also takes this opportunity to ask Bedrock to stop using his personal data for marketing purposes.
Bedrock supplies Louis with a PDF and XML (Extensible Markup Language) versions of his No Claims Certificate, but tells Louis it cannot transfer his data directly to Zantrum as this is not technically feasible. Bedrock also explains that Louis's contract included a provision whereby Louis agreed that his data could be used for marketing purposes; according to Bedrock, it is too late for Louis to change his mind about this. It angers Louis when he recalls the wording of the contract, which was filled with legal jargon and very confusing.
In the meantime, Louis is still receiving unwanted calls from Accidentable Insurance. He writes to Accidentable to ask for the name of the organization that supplied his details to them. He warns Accidentable that he plans to complain to the data protection authority, because he thinks their company has been using his data unlawfully. His letter states that he does not want his data being used by them in any way.
Accidentable's response letter confirms Louis's suspicions. Accidentable is Bedrock Insurance's wholly owned subsidiary, and they received information about Louis's accident from Bedrock shortly after Louis submitted his accident claim. Accidentable assures Louis that there has been no breach of the GDPR, as Louis's contract included, a provision in which he agreed to share his information with Bedrock's affiliates for business purposes.
Louis is disgusted by the way in which he has been treated by Bedrock, and writes to them insisting that all his information be erased from their computer system.
After Louis has exercised his right to restrict the use of his data, under what conditions would Accidentable have grounds for refusing to comply?
If Accidentable is entitled to use of the data as an affiliate of Bedrock.
If Accidentable also uses the data to conduct public health research.
If the data becomes necessary to defend Accidentable's legal rights.
If the accuracy of the data is not an aspect that Louis is disputing.
Under the GDPR, who would be LEAST likely to be allowed to engage in the collection, use, and disclosure of a data subject's sensitive medical information without the data subject's knowledge or consent?
A member of the judiciary involved in adjudicating a legal dispute involving the data subject and concerning the health of the data subject.
A public authority responsible for public health, where the sharing of such information is considered necessary for the protection of the general populace.
A health professional involved in the medical care for the data subject, where the data subject's life hinges on the timely dissemination of such information.
A journalist writing an article relating to the medical condition in QUESTION, who believes that the publication of such information is in the public interest.
With the issue of consent, the GDPR allows member states some choice regarding what?
The mechanisms through which consent may be communicated
The circumstances in which silence or inactivity may constitute consent
The age at which children must be required to obtain parental consent
The timeframe in which data subjects are allowed to withdraw their consent
Which sentence BEST summarizes the concepts of "fairness," "lawfulness" and "transparency'', as expressly required by Article 5 of the GDPR?
Fairness and transparency refer to the communication of key information before collecting data; lawfulness refers to compliance with government regulations.
Fairness refers to limiting the amount of data collected from individuals; lawfulness refers to the approval of company guidelines by the state; transparency solely relates to communication of key information before collecting data.
Fairness refers to the security of personal data; lawfulness and transparency refers to the analysis of ordinances to ensure they are uniformly enforced.
Fairness refers to the collection of data from diverse subjects; lawfulness refers to the need for legal rules to be uniform; transparency refers to giving individuals access to their data.
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