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NEW QUESTION 31
SCENARIO
Please use the following to answer the next question:
Anna and Frank both work at Ontario University. Anna is a lawyer responsible for data protection, while Frank is a lecturer in the engineering department. The University maintains a number of types of records:
* Student records, including names, student numbers, home addresses, pre-university information, university attendance and performance records, details of special educational needs and financial information.
* Staff records, including autobiographical materials (such as curricula, professional contact files, student evaluations and other relevant teaching files).
* Alumni records, including birthplaces, years of birth, dates of matriculation and conferrals of degrees.
These records are available to former students after registering through Ontario's Alumni portal.
Department for Education records, showing how certain demographic groups (such as first-generation students) could be expected, on average, to progress. These records do not contain names or identification numbers.
* Under their security policy, the University encrypts all of its personal data records in transit and at rest.
In order to improve his teaching, Frank wants to investigate how his engineering students perform in relational to Department for Education expectations. He has attended one of Anna's data protection training courses and knows that he should use no more personal data than necessary to accomplish his goal. He creates a program that will only export some student data: previous schools attended, grades originally obtained, grades currently obtained and first time university attended. He wants to keep the records at the individual student level. Mindful of Anna's training, Frank runs the student numbers through an algorithm to transform them into different reference numbers. He uses the same algorithm on each occasion so that he can update each record over time.
One of Anna's tasks is to complete the record of processing activities, as required by the GDPR. After receiving her email reminder, as required by the GDPR. After receiving her email reminder, Frank informs Anna about his performance database.
Ann explains to Frank that, as well as minimizing personal data, the University has to check that this new use of existing data is permissible. She also suspects that, under the GDPR, a risk analysis may have to be carried out before the data processing can take place. Anna arranges to discuss this further with Frank after she has done some additional research.
Frank wants to be able to work on his analysis in his spare time, so he transfers it to his home laptop (which is not encrypted). Unfortunately, when Frank takes the laptop into the University he loses it on the train. Frank has to see Anna that day to discuss compatible processing. He knows that he needs to report security incidents, so he decides to tell Anna about his lost laptop at the same time.
Anna will find that a risk analysis is NOT necessary in this situation as long as?
- A. The algorithms that Frank uses for the processing are technologically sound
- B. The processing will not negatively affect the rights of the data subjects
- C. The data subjects gave their unambiguous consent for the original processing
- D. The data subjects are no longer current students of Frank's
Answer: C
NEW QUESTION 32
In which of the following cases, cited as an example by a WP29 guidance, would conducting a single data protection impact assessment to address multiple processing operations be allowed?
- A. A data controller who plans to use a new technology product that has already undergone a DPIA by the product's provider.
- B. A marketing team that wants to collect mailing addresses of customers for whom they already have email addresses.
- C. A medical organization that wants to begin genetic testing to support earlier research for which they have performed a DPIA.
- D. A railway operator who plans to evaluate the same video surveillance in all the train stations of his company.
Answer: D
NEW QUESTION 33
Which of the following countries will continue to enjoy adequacy status under the GDPR, pending any future European Commission decision to the contrary?
- A. Greece
- B. Norway
- C. Australia
- D. Switzerland
Answer: D
NEW QUESTION 34
SCENARIO
Please use the following to answer the next question:
TripBliss Inc. is a travel service company which has lost substantial revenue over the last few years. Their new manager, Oliver, suspects that this is partly due to the company's outdated website. After doing some research, he meets with a sales representative from the up-and-coming IT company Techiva, hoping that they can design a new, cutting-edge website for TripBliss Inc.'s foundering business.
During negotiations, a Techiva representative describes a plan for gathering more customer information through detailed Questionaires, which could be used to tailor their preferences to specific travel destinations.
TripBliss Inc. can choose any number of data categories - age, income, ethnicity - that would help them best accomplish their goals. Oliver loves this idea, but would also like to have some way of gauging how successful this approach is, especially since the Questionaires will require customers to provide explicit consent to having their data collected. The Techiva representative suggests that they also run a program to analyze the new website's traffic, in order to get a better understanding of how customers are using it. He explains his plan to place a number of cookies on customer devices. The cookies will allow the company to collect IP addresses and other information, such as the sites from which the customers came, how much time they spend on the TripBliss Inc. website, and which pages on the site they visit. All of this information will be compiled in log files, which Techiva will analyze by means of a special program. TripBliss Inc. would receive aggregate statistics to help them evaluate the website's effectiveness. Oliver enthusiastically engages Techiva for these services.
Techiva assigns the analytics portion of the project to longtime account manager Leon Santos. As is standard practice, Leon is given administrator rights to TripBliss Inc.'s website, and can authorize access to the log files gathered from it. Unfortunately for TripBliss Inc., however, Leon is taking on this new project at a time when his dissatisfaction with Techiva is at a high point. In order to take revenge for what he feels has been unfair treatment at the hands of the company, Leon asks his friend Fred, a hobby hacker, for help. Together they come up with the following plan: Fred will hack into Techiva's system and copy their log files onto a USB stick. Despite his initial intention to send the USB to the press and to the data protection authority in order to denounce Techiva, Leon experiences a crisis of conscience and ends up reconsidering his plan. He decides instead to securely wipe all the data from the USB stick and inform his manager that the company's system of access control must be reconsidered.
With regard to TripBliss Inc.'s use of website cookies, which of the following statements is correct?
- A. Because Techiva will receive only aggregate statistics of data collected from the cookies, no additional consent is necessary.
- B. Because the use of cookies involves the potential for location tracking, explicit consent must be obtained from customers.
- C. Because not all of the cookies are strictly necessary to enable the use of a service requested from TripBliss Inc., consent requirements apply to their use of cookies.
- D. Because of the categories of data involved, explicit consent for the use of cookies must be obtained separately from customers.
Answer: D
NEW QUESTION 35
SCENARIO
Please use the following to answer the next question:
The fitness company Vigotron has recently developed a new app called M-Health, which it wants to market on its website as a free download. Vigotron's marketing manager asks his assistant Emily to create a webpage that describes the app and specifies the terms of use. Emily, who is new at Vigotron, is excited about this task.
At her previous job she took a data protection class, and though the details are a little hazy, she recognizes that Vigotron is going to need to obtain user consent for use of the app in some cases. Emily sketches out the following draft, trying to cover as much as possible before sending it to Vigotron's legal department.
Registration Form
Vigotron's new M-Health app makes it easy for you to monitor a variety of health-related activities, including diet, exercise, and sleep patterns. M-Health relies on your smartphone settings (along with other third-party apps you may already have) to collect data about all of these important lifestyle elements, and provide the information necessary for you to enrich your quality of life. (Please click here to read a full description of the services that M-Health provides.) Vigotron values your privacy. The M-Heaith app allows you to decide which information is stored in it, and which apps can access your data. When your device is locked with a passcode, all of your health and fitness data is encrypted with your passcode. You can back up data stored in the Health app to Vigotron's cloud provider, Stratculous. (Read more about Stratculous here.) Vigotron will never trade, rent or sell personal information gathered from the M-Health app. Furthermore, we will not provide a customer's name, email address or any other information gathered from the app to any third- party without a customer's consent, unless ordered by a court, directed by a subpoena, or to enforce the manufacturer's legal rights or protect its business or property.
We are happy to offer the M-Health app free of charge. If you want to download and use it, we ask that you first complete this registration form. (Please note that use of the M-Health app is restricted to adults aged 16 or older, unless parental consent has been given to minors intending to use it.)
* First name:
* Surname:
* Year of birth:
* Email:
* Physical Address (optional*):
* Health status:
*If you are interested in receiving newsletters about our products and services that we think may be of interest to you, please include your physical address. If you decide later that you do not wish to receive these newsletters, you can unsubscribe by sending an email to [email protected] or send a letter with your request to the address listed at the bottom of this page.
Terms and Conditions
1.Jurisdiction. [...]
2.Applicable law. [...]
3.Limitation of liability. [...]
Consent
By completing this registration form, you attest that you are at least 16 years of age, and that you consent to the processing of your personal data by Vigotron for the purpose of using the M-Health app. Although you are entitled to opt out of any advertising or marketing, you agree that Vigotron may contact you or provide you with any required notices, agreements, or other information concerning the services by email or other electronic means. You also agree that the Company may send automated emails with alerts regarding any problems with the M-Health app that may affect your well being.
What is one potential problem Vigotron's age policy might encounter under the GDPR?
- A. Users are only required to be aged 13 or over to be considered adults.
- B. Age restrictions are more stringent when health data is involved.
- C. Organizations that tie a service to marketing must seek consent for each purpose.
- D. Organizations must make reasonable efforts to verify parental consent.
Answer: B
NEW QUESTION 36
A mobile device application that uses cookies will be subject to the consent requirement of which of the following?
- A. The E-Commerce Directive
- B. The Data Retention Directive
- C. The EU Cybersecurity Directive
- D. The ePrivacy Directive
Answer: D
NEW QUESTION 37
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?
- A. The processor will be considered to be a controller in respect of the processing concerned
- B. The processor will be liable to pay compensation to affected data subjects
- C. The controller will be required to demonstrate that the unauthorized processing negatively affected one or more of the parties involved
- D. The controller will be liable to pay an administrative fine
Answer: B
NEW QUESTION 38
What is one major goal that the OECD Guidelines, Convention 108 and the Data Protection Directive (Directive 95/46/C) all had in common but largely failed to achieve in Canada?
- A. The synchronization of approaches to data protection
- B. The creation of legally binding data protection principles
- C. The establishment of a list of legitimate data processing criteria
- D. The restriction of cross-border data flow
Answer: D
NEW QUESTION 39
When does the GDPR provide more latitude for a company to process data beyond its original collection purpose?
- A. When the data subject has failed to use a provided opt-out mechanism.
- B. When the data has been pseudonymized.
- C. When the data serves legitimate interest of third parties.
- D. When the data is protected by technological safeguards.
Answer: C
NEW QUESTION 40
The GDPR requires controllers to supply data subjects with detailed information about the processing of their data. Where a controller obtains data directly from data subjects, which of the following items of information does NOT legally have to be supplied?
- A. The recipients or categories of recipients.
- B. The right to lodge a complaint with a supervisory authority.
- C. The categories of personal data concerned.
- D. The rights of access, erasure, restriction, and portability.
Answer: C
NEW QUESTION 41
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?
- A. He will be able to apply to the European Data Protection Board in order to determine which particular EVETFIT branch is liable for damages, based on the decision that was made by the board.
- B. He will be able to sue any one of the relevant EVETFIT branches, as each one may be held liable for the entire damage.
- C. He will have to sue each EVETFIT branch so that each branch provides proportionate compensation commensurate with its contribution to the damage or distress suffered by Javier.
- D. He will have to sue the EVETFIT's head office in France, where EVETFIT has its main establishment.
Answer: D
NEW QUESTION 42
SCENARIO
Please use the following to answer the next question:
Joe is the new privacy manager for Who-R-U, a Canadian business that provides DNA analysis. The company is headquartered in Montreal, and all of its employees are located there. The company offers its services to Canadians only: Its website is in English and French, it accepts only Canadian currency, and it blocks internet traffic from outside of Canada (although this solution doesn't prevent all non-Canadian traffic). It also declines to process orders that request the DNA report to be sent outside of Canada, and returns orders that show a non-Canadian return address.
Bob, the President of Who-R-U, thinks there is a lot of interest for the product in the EU, and the company is exploring a number of plans to expand its customer base.
The first plan, collegially called We-Track-U, will use an app to collect information about its current Canadian customer base. The expansion will allow its Canadian customers to use the app while traveling abroad. He suggests that the company use this app to gather location information. If the plan shows promise, Bob proposes to use push notifications and text messages to encourage existing customers to pre-register for an EU version of the service. Bob calls this work plan, We-Text-U. Once the company has gathered enough pre- registrations, it will develop EU-specific content and services.
Another plan is called Customer for Life. The idea is to offer additional services through the company's app, like storage and sharing of DNA information with other applications and medical providers. The company's contract says that it can keep customer DNA indefinitely, and use it to offer new services and market them to customers. It also says that customers agree not to withdraw direct marketing consent. Paul, the marketing director, suggests that the company should fully exploit these provisions, and that it can work around customers' attempts to withdraw consent because the contract invalidates them.
The final plan is to develop a brand presence in the EU. The company has already begun this process. It is in the process of purchasing the naming rights for a building in Germany, which would come with a few offices that Who-R-U executives can use while traveling internationally. The office doesn't include any technology or infrastructure; rather, it's simply a room with a desk and some chairs.
On a recent trip concerning the naming-rights deal, Bob's laptop is stolen. The laptop held unencrypted DNA reports on 5,000 Who-R-U customers, all of whom are residents of Canada. The reports include customer name, birthdate, ethnicity, racial background, names of relatives, gender, and occasionally health information.
The Customer for Life plan may conflict with which GDPR provision?
- A. Article 6, which requires processing to be lawful.
- B. Article 16, which provides data subjects with a rights to rectification.
- C. Article 7, which requires consent to be as easy to withdraw as it is to give.
- D. Article 20, which gives data subjects a right to data portability.
Answer: C
NEW QUESTION 43
Which statement is correct when considering the right to privacy under Section 7 of the Canadian Charter of Rights and Freedoms?
- A. The right to privacy protects the right to hold opinions and to receive and impart ideas without interference
- B. The Supreme Court of Canada has stated that the Privacy Act has "quasi-constitutional status", and that the values and rights set out in the Act are closely linked to those set out in the Constitution as being necessary to a free and democratic society.
- C. The right to privacy is an absolute right
- D. The right to freedom of expression under section 10 will always override the right to privacy
Answer: B
Explanation:
Explanation
https://www.priv.gc.ca/en/about-the-opc/publications/guide_ind/
NEW QUESTION 44
If a company is planning to use closed-circuit television (CCTV) on its premises and is concerned with GDPR compliance, it should first do all of the following EXCEPT?
- A. Ensure that safeguards are in place to prevent unauthorized access to the footage.
- B. Perform a data protection impact assessment (DPIA).
- C. Notify the appropriate data protection authority.
- D. Create an information retention policy for those who operate the system.
Answer: D
NEW QUESTION 45
An unforeseen power outage results in company Z's lack of access to customer data for six hours. According to article 32 of the GDPR, this is considered a breach. Based on the WP 29's February, 2018 guidance, company Z should do which of the following?
- A. Conduct a thorough audit of all security systems
- B. Notify affected individuals that their data was unavailable for a period of time.
- C. Notify the supervisory authority about the loss of availability
- D. Document the loss of availability to demonstrate accountability
Answer: C
NEW QUESTION 46
Many businesses print their employees' photographs on building passes, so that employees can be identified by security staff. This is notwithstanding the fact that facial images potentially qualify as biometric data under the GDPR. Why would such practice be permitted?
- A. Because use of biometric data to confirm the unique identification of data subjects benefits from an exemption.
- B. Because employees are deemed to have given their explicit consent when they agree to be photographed by their employer.
- C. Because photographs qualify as biometric data only when they undergo a "specific technical processing".
- D. Because photographic ID is a physical security measure which is "necessary for reasons of substantial public interest".
Answer: C
Explanation:
Explanation
Reference https://ess.csa.canon.com/rs/206-CLL-191/images/IAPP-Top-10-Operational-Impacts-of- GDPR.pdf?TC=DM&CN=CSA_OMNIA_Partners&CS=CSA&CR=T1_Gov%20GenNonProfit (11)
NEW QUESTION 47
Under the GDPR, where personal data is not obtained directly from the data subject, a controller is exempt from directly providing information about processing to the data subject if?
- A. The data subject already has information regarding how his data will be used
- B. Third-party data would be disclosed by providing such information to the data subject
- C. The processing of the data subject's data is protected by appropriate technical measures
- D. The provision of such information to the data subject would be too problematic
Answer: A
NEW QUESTION 48
What must a data controller do in order to make personal data pseudonymous?
- A. Separately hold any information that would allow linking the data to the data subject.
- B. Encrypt the data in order to prevent any unauthorized access or modification.
- C. Use the data only in aggregated form for research purposes.
- D. Remove all indirect data identifiers and dispose of them securely.
Answer: A
NEW QUESTION 49
How does the GDPR now define "processing"?
- A. Any use or disclosure of personal data compatible with the purpose for which the data was collected.
- B. Any operation or set of operations performed on personal data or on sets of personal data.
- C. Any operation or set of operations performed by automated means on personal data or on sets of personal data.
- D. Any act involving the collecting and recording of personal data.
Answer: D
NEW QUESTION 50
SCENARIO
Please use the following to answer the next question:
Joe is the new privacy manager for Who-R-U, a Canadian business that provides DNA analysis. The company is headquartered in Montreal, and all of its employees are located there. The company offers its services to Canadians only: Its website is in English and French, it accepts only Canadian currency, and it blocks internet traffic from outside of Canada (although this solution doesn't prevent all non-Canadian traffic). It also declines to process orders that request the DNA report to be sent outside of Canada, and returns orders that show a non-Canadian return address.
Bob, the President of Who-R-U, thinks there is a lot of interest for the product in the EU, and the company is exploring a number of plans to expand its customer base.
The first plan, collegially called We-Track-U, will use an app to collect information about its current Canadian customer base. The expansion will allow its Canadian customers to use the app while traveling abroad. He suggests that the company use this app to gather location information. If the plan shows promise, Bob proposes to use push notifications and text messages to encourage existing customers to pre-register for an EU version of the service. Bob calls this work plan, We-Text-U. Once the company has gathered enough pre- registrations, it will develop EU-specific content and services.
Another plan is called Customer for Life. The idea is to offer additional services through the company's app, like storage and sharing of DNA information with other applications and medical providers. The company's contract says that it can keep customer DNA indefinitely, and use it to offer new services and market them to customers. It also says that customers agree not to withdraw direct marketing consent. Paul, the marketing director, suggests that the company should fully exploit these provisions, and that it can work around customers' attempts to withdraw consent because the contract invalidates them.
The final plan is to develop a brand presence in the EU. The company has already begun this process. It is in the process of purchasing the naming rights for a building in Germany, which would come with a few offices that Who-R-U executives can use while traveling internationally. The office doesn't include any technology or infrastructure; rather, it's simply a room with a desk and some chairs.
On a recent trip concerning the naming-rights deal, Bob's laptop is stolen. The laptop held unencrypted DNA reports on 5,000 Who-R-U customers, all of whom are residents of Canada. The reports include customer name, birthdate, ethnicity, racial background, names of relatives, gender, and occasionally health information.
Who-R-U is NOT required to notify the local German DPA about the laptop theft because?
- A. There is no evidence that the thieves have accessed the data on the laptop.
- B. The laptop belonged to a company located in Canada.
- C. The company isn't a controller established in the Union.
- D. The data isn't considered personally identifiable financial information.
Answer: C
NEW QUESTION 51
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.
Based on the scenario, what is the main reason that Brady should be concerned with Hermes Designs' handling of customer personal data?
- A. The data is sensitive.
- B. The data is uncategorized.
- C. The data is being processed via a new means.
- D. The data is being used for a new purpose.
Answer: C
NEW QUESTION 52
Which of the following indicates you have developed the right privacy framework for your organization?
- A. It identifies all key stakeholders by name
- B. It improves the consistency of the privacy program
- C. It includes a privacy assessment of each major system
- D. It works at a different type of organization
Answer: C
NEW QUESTION 53
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