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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q64-Q69):

NEW QUESTION # 64
What is a reason the European Court of Justice declared the Data Retention Directive invalid in 2014?

A. The requirements were financially burdensome to EU businesses.
B. The requirements affected individuals without exception.
C. The requirements specified that data must be held within the EU.
D. The requirements had limitations on how national authorities could use data.

Answer: D

Explanation:
Reference:
%20the%20Grand,proportionality%20in%20forging%20the%20Directive.

NEW QUESTION # 65
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?

A. The legal obligation of the employer.
B. The protection of the vital interest of the employees.
C. The legitimate interest of the public administration.
D. The consent of the employees.

Answer: A

Explanation:
According to Article 6 of the GDPR, the processing of personal data is only lawful if and to the extent that at least one of the following applies:
* the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
* processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
* processing is necessary for compliance with a legal obligation to which the controller is subject;
* processing is necessary in order to protect the vital interests of the data subject or of another natural person;
* processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
* processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
In this case, the Spanish employer would most likely depend on the legal obligation of the employer as the lawful basis for sending the personal data of its employees to the national tax authority. This is because the employer is subject to the tax laws and regulations of Spain, which require the employer to report the income and deductions of its employees to the tax authority on an annual basis. The employer must comply with this legal obligation, and the processing of the employees' personal data is necessary for this purpose. The employer does not need to obtain the consent of the employees, as consent is not a valid basis for processing personal data where there is a clear imbalance between the data subject and the controller, such as in the context of employment. The employer also does not need to rely on the legitimate interest of the public administration, as this is not a specific purpose for which the employer is processing the personal data, but rather a general interest that may be served by the tax authority. The employer also does not need to invoke the protection of the vital interest of the employees, as this basis only applies in situations where the processing is necessary to protect someone's life, such as in a medical emergency. References: Article 6 GDPR - Lawfulness of processing - General Data Protection Regulation (GDPR), Lawful basis for processing
| ICO, Legal obligation as a lawful basis for processing personal data under the GDPR, [Consent in the employment context | ICO], [Vital interests | ICO]

NEW QUESTION # 66
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?

A. Background checks on European employees will stem from data protection and employment law, which can vary between member states.
B. Background checks on employees could be performed only under prior notice to all employees.
C. Background checks are only authorized with prior notice and express consent from all employees including those based in Europe.
D. 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.

Answer: A

Explanation:
The GDPR does not explicitly regulate background checks, but it does apply to the processing of personal data that may be obtained or used during such checks. Therefore, the company must comply with the GDPR principles, such as lawfulness, fairness, transparency, data minimization, purpose limitation, accuracy, storage limitation, integrity and confidentiality, and accountability. The company must also identify a lawful basis for processing personal data, such as legal obligation, legitimate interest, or consent, and respect the data subject rights, such as the right to information, access, rectification, erasure, restriction, objection, and portability.
Moreover, the company must be aware of the specific rules and restrictions regarding the processing of special categories of data (such as biometric, health, or political data) and data relating to criminal convictions and offences, which are subject to Article 10 of the GDPR and the laws of each member state. The company must also consider the national employment laws and the guidelines of the relevant supervisory authorities, which may impose additional conditions or limitations on the scope, methods, and purposes of background checks. For example, some member states may require prior authorization, notification, or consultation with the supervisory authority, the data subject, or the works council before conducting background checks. Some member states may also prohibit or restrict certain types of background checks, such as social media screening, credit checks, or criminal record checks, unless they are necessary, proportionate, and relevant for the specific job position or sector. Therefore, the company must conduct a thorough assessment of the legal framework and the risks and benefits of background checks in each member state where it operates or recruits employees, and ensure that it has a clear and consistent policy and procedure for conducting background checks in a GDPR-compliant manner. References: How to 'background check' under the GDPR, How to perform GDPR compliant background checks, GDPR and the processing of criminal conviction data across Europe, Pre-employment vetting: Data protection and criminal records, How GDPR Affects Background Checking

NEW QUESTION # 67
According to Art 23 GDPR, which of the following data subject rights can NOT be restricted?

A. Right to restriction of processing.
B. Right to lodge a complaint with a supervisory authority.
C. Right not to be subject to automated individual decision-making
D. Right to erasure ("Right to be forgotten").

Answer: B

Explanation:
According to Article 23 of the GDPR, the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22, may be restricted by a legislative measure of a Member State or the Union, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard certain public interests or the rights and freedoms of others1. However, Article 23 does not include Article 77, which grants the data subject the right to lodge a complaint with a supervisory authority if the data subject considers that the processing of personal data relating to him or her infringes the GDPR2. Therefore, this right cannot be restricted by any legislative measure, as it is essential for the effective judicial protection of the data subject and the enforcement of the GDPR3. Reference:
Free CIPP/E Study Guide, page 14, section 2.3
GDPR, Article 77
GDPR, Article 23
Guidelines on restrictions of data subject rights under Art. 23 of the GDPR, page 4, section 2 Statement on restrictions on data subject rights in connection to the COVID-19 pandemic, page 2, section 2

NEW QUESTION # 68
SCENARIO
Please use the following to answer the next question:
Ben is a member of the fitness club STAYFIT. This company has branches in many EU member states, but for the purposes of the GDPR maintains its primary establishment in France. Ben 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, Ben was photographed while working out at a branch of STAYFIT in Frankfurt, Germany. At the time, Ben 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, Ben 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, Ben sends a letter to STAYFIT requesting that his image be removed from the website and all promotional materials. Months pass and Ben, having received no acknowledgment of his request, becomes very anxious about this matter. After repeatedly failing to contact STAYFIT through alternate channels, he decides to take action against the company.
Ben contacts the U.K. Information Commissioner's Office ('ICO' - the U.K.'s supervisory authority) to lodge a complaint about this matter.
Under the cooperation mechanism, what should the lead authority (the CNIL) do after it has formed its view on the matter?

A. Request that the other supervisory authorities provide the lead authority with a draft decision for its consideration.
B. Request that members of the seconding supervisory authority and the host supervisory authority co-draft a decision.
C. Submit a draft decision directly to the Commission to ensure the effectiveness of the consistency mechanism.
D. Submit a draft decision to other supervisory authorities for their opinion.

Answer: A

NEW QUESTION # 69
......

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TOP CIPP-E QUESTIONS PASS CERTIFY| HIGH-QUALITY CIPP-E AUTHORIZED PDF: CERTIFIED INFORMATION PRIVACY PROFESSIONAL/EUROPE (CIPP/E)

Top CIPP-E Questions Pass Certify| High-quality CIPP-E Authorized Pdf: Certified Information Privacy Professional/Europe (CIPP/E)