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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q58-Q63):

NEW QUESTION # 58
An organisation receives a request multiple times from a data subject seeking to exercise his rights with respect to his own personal dat a. Under what condition can the organisation charge the data subject for processing the request?

A. Only to the extent this is allowed under the restrictions on data subjects' rights introduced under Art 23 of GDPR.
B. Only if the organisation can demonstrate that the request is clearly excessive or misguided.
C. Only where the organisation can show that it is reasonable to do so because more than one request was made.
D. Only where the administrative costs of taking the action requested exceeds a certain threshold.

Answer: B

Explanation:
1. A request may be manifestly unfounded or excessive if it has no clear purpose, is clearly frivolous or vexatious, is made repeatedly by the same data subject, or goes beyond what is reasonably necessary to fulfil the data subject's request2. In such cases, the organisation can either charge a reasonable fee or refuse to act on the request, but it must be able to justify its decision and inform the data subject of the reasons and their right to lodge a complaint with a supervisory authority or a judicial remedy1. The other options are not correct, as they either do not reflect the conditions for charging a fee under the GDPR, or are not relevant to the question. Reference: Right of access | ICO, Charge for a Data Subject Request GDPR - GDPR Wiki

NEW QUESTION # 59
A private company has establishments in France, Poland, the United Kingdom, and most prominently, Germany, where its headquarters is established. The company offers its services worldwide. Most of the services are designed in Germany and supported in the other establishments. However, one of the services, a Software as a Service (SaaS) application, was defined and implemented by the Polish establishment. It is also supported by the other establishments.
What is the lead supervisory authority for the SaaS service?

A. The supervisory authority of Germany at the federal level.
B. The supervisory authority of the Republic of Poland.
C. The supervisory authority of Germany at the regional level.
D. The supervisory authority of the European Union.

Answer: B

Explanation:
Under the GDPR, the lead supervisory authority is determined by where the main establishment related to the processing activity is located.
In this case, even though the company's headquarters is in Germany, the SaaS application was specifically defined and implemented by the Polish establishment. This indicates that the Polish establishment has the primary role in determining the purposes and means of processing personal data related to that SaaS service. Therefore, the supervisory authority of Poland would be the lead supervisory authority for this specific processing activity.
Reference:
GDPR Article 56 - Competence of the lead supervisory authority
IAPP CIPP/E textbook, Chapter 3: EU General Data Protection Regulation (specifically, sections on One-Stop Shop mechanism and lead supervisory authority)

NEW QUESTION # 60
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 What transfer mechanism should Jackie recommend for using InstaHR?

A. Binding corporate rules.
B. Explicit consent of employees.
C. Adequacy
D. Standard contractual clauses

Answer: B

NEW QUESTION # 61
Please use the following to answer the next question:
WonderkKids provides an online booking service for childcare. Wonderkids is based in France, but hosts its website through a company in Switzerland. As part of their service, WonderKids will pass all personal data provided to them to the childcare provider booked through their system. The type of personal data collected on the website includes the name of the person booking the childcare, address and contact details, as well as information about the children to be cared for including name, age, gender and health information. The privacy statement on Wonderkids' website states the following:
"WonderkKids provides the information you disclose to us through this website to your childcare provider for scheduling and health and safety reasons. We may also use your and your child's personal information for our own legitimate business purposes and we employ a third-party website hosting company located in Switzerland to store the dat a. Any data stored on equipment located in Switzerland meets the European Commission provisions for guaranteeing adequate safeguards for you and your child's personal information. We will only share you and your child's personal information with businesses that we see as adding real value to you. By providing us with any personal data, you consent to its transfer to affiliated businesses and to send you promotional offers."
"We may retain you and your child's personal information for no more than 28 days, at which point the data will be depersonalized, unless your personal information is being used for a legitimate business purpose beyond 28 days where it may be retained for up to 2 years."
"We are processing you and your child's personal information with your consent. If you choose not to provide certain information to us, you may not be able to use our services. You have the right to: request access to you and your child's personal information; rectify or erase you or your child's personal information; the right to correction or erasure of you and/or your child's personal information; object to any processing of you and your child's personal information. You also have the right to complain to the supervisory authority about our data processing activities." What direct marketing information can WonderKids send by email without prior consent of the person booking the childcare?

A. Any marketing information at all.
B. Marketing information for products or services similar to those purchased from WonderKids.
C. Marketing information related to other business operations of WonderKids.
D. No marketing information at all.

Answer: B

Explanation:
According to the ePrivacy Directive, which regulates direct electronic marketing in the EU, consent is generally required before sending marketing emails or texts. However, there is an exception known as the 'soft opt-in', which allows marketing emails or texts to be sent on an opt-out basis if the recipient's details were collected "in the context of the sale of a product or a service" and the marketing is for "similar products or services" provided by the same organisation12. Therefore, WonderKids can send direct marketing information by email without prior consent of the person booking the childcare, as long as the information is about similar products or services to those purchased from WonderKids, and the person is given a clear and easy way to opt out of receiving such emails. The other options are not allowed under the ePrivacy Directive, unless the person has given explicit consent to receive them. Reference:
Free CIPP/E Study Guide, page 33, section 4.1.3
CIPP/E Certification, page 28, section 4.1.3
Cipp-e Study guides, Class notes & Summaries, page 39, section 4.1.3
Direct marketing rules and exceptions under the GDPR, paragraph 5
Marketing | ICO, section "What does the 'soft opt-in' mean?"

NEW QUESTION # 62
Which institution has the power to adopt findings that confirm the adequacy of the data protection level in a non-EU country?

A. The European Council
B. The European Parliament
C. The European Commission
D. The Article 29 Working Party

Answer: C

Explanation:
Explanation/Reference: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/ adequacy-decisions_en

NEW QUESTION # 63
......

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