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In addition to demonstrating expertise in privacy and data protection, a CIPP-E certification can also open up new career opportunities. Many organizations are looking for professionals who can help them navigate the complex landscape of privacy and data protection laws, and a CIPP-E certification can be a valuable credential for those seeking to advance their careers in this field.
The CIPP-E certification is suitable for professionals working in various fields such as privacy, compliance, legal, and IT. It is also useful for data protection officers, data privacy consultants, and professionals who are responsible for ensuring compliance with data protection laws and regulations. Certified Information Privacy Professional/Europe (CIPP/E) certification demonstrates the candidate's commitment to data protection and their ability to handle complex data protection issues. Overall, the IAPP CIPP-E Certification is a valuable credential for professionals who want to enhance their knowledge and skills in the field of privacy and data protection.
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NEW QUESTION # 239
SCENARIO
Please use the following to answer the next question:
Javier is a member of the fitness club EVERFIT. This company has branches in many EU member states, but for the purposes of the GDPR maintains its primary establishment in France. Javier 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, Javier was photographed while working out at a branch of EVERFIT in Frankfurt, Germany. At the time, Javier 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, Javier 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, Javier sends a letter to EVETFIT requesting that his image be removed from the website and all promotional materials. Months pass and Javier, having received no acknowledgment of his request, becomes very anxious about this matter. After repeatedly failing to contact EVETFIT through alternate channels, he decides to take action against the company.
Javier contacts the U.K. Information Commissioner's Office ('ICO' - the U.K.'s supervisory authority) to lodge a complaint about this matter. The ICO, pursuant to Article 56 (3) of the GDPR, informs the CNIL (i.e. the supervisory authority of EVERFIT's main establishment) about this matter. Despite the fact that EVERFIT has an establishment in the U.K., the CNIL decides to handle the case in accordance with Article 60 of the GDPR. The CNIL liaises with the ICO, as relevant under the cooperation procedure. In light of issues amongst the supervisory authorities to reach a decision, the European Data Protection Board becomes involved and, pursuant to the consistency mechanism, issues a binding decision.
Additionally, Javier sues EVERFIT for the damages caused as a result of its failure to honor his request to have his photograph removed from the brochure and website.
Assuming that multiple EVETFIT branches across several EU countries are acting as separate data controllers, and that each of those branches were responsible for mishandling Javier's request, how may Javier proceed in order to seek compensation?
Answer: B
NEW QUESTION # 240
What is one major goal that the OECD Guidelines, Convention 108 and the Data Protection Directive (Directive 95/46/EC) all had in common but largely failed to achieve in Europe?
Answer: D
Explanation:
The OECD Guidelines, Convention 108 and the Data Protection Directive (Directive 95/46/EC) all aimed to harmonize the national data protection laws of the member states of the European Economic Community (EEC) and to establish a common framework for the protection of personal data. However, they largely failed to achieve this goal due to several reasons, such as:
The lack of political will and commitment from the member states to implement the directives fully and consistently12.
The divergent interpretations and applications of the directives by different national authorities, courts and regulators12.
The emergence of new technologies and challenges that required new or updated legal solutions, such as electronic communications, cookies, biometrics, cloud computing, etc12.
The influence of other regional or international initiatives that addressed some aspects of data protection differently or in conflict with the directives, such as the US Privacy Shield Framework3.
NEW QUESTION # 241
When assessing the level of risk created by a data breach, which of the following would NOT have to be taken into consideration?
Answer: B
Explanation:
When assessing the level of risk created by a data breach, the size of any data processor involved would not have to be taken into consideration. According to the GDPR, a data breach is "a 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" 1. The GDPR requires data controllers and processors to notify the relevant supervisory authority of a data breach within 72 hours, unless the breach is unlikely to result in a risk to the rights and freedoms of natural persons 2. The GDPR also requires data controllers to communicate the data breach to the affected data subjects without undue delay, if the breach is likely to result in a high risk to their rights and freedoms 3.
The GDPR does not specify the exact criteria for determining the level of risk, but it provides some guidance in Recital 85, which states that "the likelihood and severity of the risk to the rights and freedoms of the data subject should be determined by reference to the nature, scope, context and purposes of the processing" . The recital also mentions some factors that could increase the risk, such as the ease of identification of individuals, the special categories of personal data, the large scale of the processing, or the special characteristics of the data controller . Therefore, these factors should be taken into consideration when assessing the level of risk created by a data breach.
However, the size of any data processor involved is not relevant for the risk assessment, as it does not affect the impact of the breach on the data subjects. The data processor is only responsible for processing the personal data on behalf of the data controller, and has no direct relationship with the data subjects . The data processor's obligations in case of a data breach are to notify the data controller without undue delay, and to assist the data controller in complying with its obligations under the GDPR . The data processor's size may affect its ability to fulfill these obligations, but it does not change the level of risk created by the data breach itself. References: 1: Article 4(12) of the GDPR 2: Article 33 of the GDPR 3: Article 34 of the GDPR :
Recital 85 of the GDPR : Article 4(8) of the GDPR : Article 28 of the GDPR I hope this helps. If you have any other questions, please feel free to ask. #
NEW QUESTION # 242
According to the EDPB Guidelines 01/2021 on Examples regarding Personal Data Breach Notification, if exfiltration of job application data (submitted through online application forms and stored on a webserver) resulted in personal information being accessible to unauthorized persons, this would be primarily considered what kind of breach?
Answer: C
Explanation:
According to the EDPB Guidelines 01/2021 on Examples regarding Personal Data Breach Notification, a confidentiality breach occurs when personal data is disclosed or made available to unauthorized persons. This is the case when exfiltration of job application data from a website results in personal information being accessible to unauthorized persons, such as hackers or competitors. This type of breach may pose a high risk to the rights and freedoms of the data subjects, as it may lead to identity theft, fraud, discrimination, or reputational damage. Therefore, the data controller should notify the data subjects without undue delay, unless the data is encrypted or anonymized, or the controller has taken subsequent measures to ensure that the high risk is no longer likely to materialize.
NEW QUESTION # 243
What must be included in a written agreement between the controller and processor in relation to processing conducted on the controller's behalf?
Answer: B
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. References:
* GDPR Article 28(3)(f)
* CIPP/E Textbook, Chapter 6, Section 6.2.2, page 154
* Free CIPP/E Study Guide, page 18
NEW QUESTION # 244
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