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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q97-Q102):

NEW QUESTION # 97
How is the retention of communications traffic data for law enforcement purposes addressed by European data protection law?

A. The ePrivacy Directive allows individual EU member states to engage in such data retention.
B. The ePrivacy Directive harmonizes EU member states' rules concerning such data retention.
C. The GDPR allows the retention of such data for the prevention, investigation, detection or prosecution of criminal offences only.
D. The Data Retention Directive's annulment makes such data retention now permissible.

Answer: B

Explanation:
The ePrivacy Directive is a European Union (EU) directive that aims to protect the confidentiality of electronic communications and prevent their indiscriminate interception or monitoring. It was adopted in 2002 and amended in 2009. It applies to all providers of electronic communication services, such as internet service providers, mobile network operators, and online platforms12.
One of the main objectives of the ePrivacy Directive is to ensure that the retention of communications traffic data for law enforcement purposes is subject to strict conditions and safeguards. Communications traffic data refers to any information relating to the transmission or routing of electronic communications, such as IP addresses, timestamps, and metadata3. Such data can be used by competent national authorities for the prevention, investigation, detection or prosecution of criminal offences and safeguarding national security4.
However, the ePrivacy Directive does not allow individual EU member states to engage in such data retention without harmonizing their rules. Article 6(1)(b) of the directive states that "Member States shall ensure that any measures taken by them in relation to the retention of traffic data are consistent with this Directive". Therefore, each EU member state must adopt a national law that complies with the requirements and limitations set by the directive12.
The Data Retention Directive (DRD) was a previous EU directive that aimed to establish a common framework for the retention of communications traffic data for law enforcement purposes across all EU member states. It was adopted in 2006 and amended in 2010. However, it was annulled by the Court of Justice of the European Union (CJEU) in 2014 on procedural grounds. The CJEU found that some provisions of the DRD were inconsistent with other EU directives and principles, such as Article 8(2) of the Charter of Fundamental Rights (CFR), which protects individuals from arbitrary interference with their privacy56.
The GDPR is a new EU regulation that implements some aspects of the DRD into national law through its provisions on processing personal data. However, it does not address directly the issue of communications traffic data retention for law enforcement purposes. Instead, it requires providers to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk involved in processing personal data. These measures include encryption, pseudonymisation, access control, and accountability7 . The GDPR also grants individuals certain rights regarding their personal data, such as access, rectification, erasure, portability, and objection7 .
Therefore, under current EU law, there is no single legal basis for retaining communications traffic data for law enforcement purposes across all EU member states. Each member state must adopt its own national law that respects the principles and limitations established by the ePrivacy Directive.
References:
ePrivacy Directive
ePrivacy Regulation
What is Communications Traffic Data?
How is Communications Traffic Data Retained?
Data Retention Directive
Data Retention Directive annulled by CJEU
General Data Protection Regulation
What are your rights regarding your personal data?
Reference: https://www.law.kuleuven.be/citip/en/archive/copy_of_publications/440retention-of-traffic-data- dumortier-goemans2f90.pdf (9)

NEW QUESTION # 98
SCENARIO
Please use the following to answer the next question:
Building Block Inc. is a multinational company, headquartered in Chicago with offices throughout the United States, Asia, and Europe (including Germany, Italy, France and Portugal). Last year the company was the victim of a phishing attack that resulted in a significant data breach. The executive board, in coordination with the general manager, their Privacy Office and the Information Security team, resolved to adopt additional security measures. These included training awareness programs, a cybersecurity audit, and use of a new software tool called SecurityScan, which scans employees' computers to see if they have software that is no longer being supported by a vendor and therefore not getting security updates. However, this software also provides other features, including the monitoring of employees' computers.
Since these measures would potentially impact employees, Building Block's Privacy Office decided to issue a general notice to all employees indicating that the company will implement a series of initiatives to enhance information security and prevent future data breaches.
After the implementation of these measures, server performance decreased. The general manager instructed the Security team on how to use SecurityScan to monitor employees' computers activity and their location.
During these activities, the Information Security team discovered that one employee from Italy was daily connecting to a video library of movies, and another one from Germany worked remotely without authorization. The Security team reported these incidents to the Privacy Office and the general manager. In their report, the team concluded that the employee from Italy was the reason why the server performance decreased.
Due to the seriousness of these infringements, the company decided to apply disciplinary measures to both employees, since the security and privacy policy of the company prohibited employees from installing software on the company's computers, and from working remotely without authorization.
To comply with the GDPR, what should Building Block have done as a first step before implementing the SecurityScan measure?

A. Consulted with the Information Security team to weigh security measures against possible server impacts.
B. Distributed a more comprehensive notice to employees and received their express consent.
C. Consulted with the relevant data protection authority about potential privacy violations.
D. Assessed potential privacy risks by conducting a data protection impact assessment.

Answer: D

Explanation:
A data protection impact assessment (DPIA) is a process to identify and minimise the data protection risks of a project that is likely to result in a high risk to the rights and freedoms of individuals1. The GDPR requires controllers to conduct a DPIA before starting such processing activities1. In this case, Building Block should have done a DPIA before implementing the SecurityScan measure, as it involves the monitoring of employees' computers, which could affect their privacy and other fundamental rights2. A DPIA would help Building Block to assess the necessity, proportionality and compliance measures of the SecurityScan measure, as well as to identify and mitigate the risks to the employees and to consult with the relevant stakeholders, such as the data protection officer, the employees themselves, and the supervisory authorities12. The other options are not the first step that Building Block should have done, as they either follow or depend on the outcome of the DPIA. References: Data Protection Impact Assessment (DPIA) - GDPR.eu, Data protection impact assessments | ICO

NEW QUESTION # 99
When does the GDPR provide more latitude for a company to process data beyond its original collection purpose?

A. When the data has been pseudonymized.
B. When the data serves legitimate interest of third parties.
C. When the data subject has failed to use a provided opt-out mechanism.
Section: (none)
Explanation
D. When the data is protected by technological safeguards.

Answer: B

NEW QUESTION # 100
Which institution has the power to adopt findings that confirm the adequacy of the data protection level in a non-EU country?

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

Answer: B

Explanation:
According to Article 45 of the GDPR, the European Commission has the power to determine, on the basis of an assessment, whether a non-EU country, a territory or a sector within that country, or an international organisation ensures an adequate level of data protection. This means that the data protection rules and standards in that country or organisation are equivalent to those in the EU. The effect of an adequacy decision is that personal data can flow freely from the EU to that country or organisation without any further safeguards or authorisations. The European Commission has adopted adequacy decisions for several countries and organisations, such as Japan, Canada, and the EU-US Data Privacy Framework. References: Data protection adequacy for non-EU countries, Adequate Level of Protection

NEW QUESTION # 101
The GDPR specifies fines that may be levied against data controllers for certain infringements. Which of the following infringements would be subject to the less severe administrative fine of up to 10 million euros (or in the case of an undertaking, up to 2% of the total worldwide annual turnover of the preceding financial year)?

A. Failure to provide the means for a data subject to rectify inaccuracies in personal data.
B. Failure to process personal information in a manner compatible with its original purpose.
C. Failure to implement technical and organizational measures to ensure data protection is enshrined by design and default.
D. Failure to demonstrate that consent was given by the data subject to the processing of their personal data where it is used as the basis for processing.

Answer: A

NEW QUESTION # 102
......

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