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The CIPP-E Exam is recognized globally as a leading certification program for privacy professionals. It is designed to help individuals develop a deep understanding of the legal and regulatory framework surrounding data protection in Europe. Certified Information Privacy Professional/Europe (CIPP/E) certification is awarded by the International Association of Privacy Professionals (IAPP), a nonprofit organization that is dedicated to promoting privacy and data protection practices around the world.

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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q32-Q37):

NEW QUESTION # 32
Which statement is correct when considering the right to privacy under Article 8 of the European Convention on Human Rights (ECHR)?

A. The right to privacy has to be balanced against other rights under the ECHR
B. The right to privacy is an absolute right
C. The right to privacy protects the right to hold opinions and to receive and impart ideas without interference
D. The right to freedom of expression under Article 10 of the ECHR will always override the right to privacy

Answer: A

Explanation:
Article 8 of the ECHR protects the right to respect for private and family life, home and correspondence. However, this right is not absolute and can be subject to limitations by a public authority in accordance with the law and for a legitimate aim. The European Court of Human Rights (ECtHR) has developed a two-stage test to determine whether such limitations are justified. First, the court must examine whether there is a legitimate aim pursued by the public authority, such as national security, public safety or the prevention of crime. Second, the court must assess whether the means used by the public authority are appropriate and necessary to achieve that aim, taking into account all relevant factors such as proportionality, necessity and less restrictive alternatives12. Therefore, the right to privacy is not an absolute right but a qualified one that has to be balanced against other rights under the ECHR. Reference:
Article 8 - Protection of personal data
Your right to respect for private and family life
Right to respect for private and family life
Guide on Article 8 of the European Convention on Human Rights
European Convention on Human Rights - Article 8

NEW QUESTION # 33
Under the GDPR, which essential pieces of information must be provided to data subjects before collecting their personal data?

A. The contact information of the controller and a description of the retention policy.
B. The identity and contact details of the controller and the reasons the data is being collected.
C. The name/s of relevant government agencies involved and the steps needed for revising the data.
D. The authority by which the controller is collecting the data and the third parties to whom the data will be sent.

Answer: B

Explanation:
Explanation/Reference: https://gdpr-info.eu/art-13-gdpr/

NEW QUESTION # 34
As a result of the European Court of Justice's ruling in the case of Google v. Spain, search engines outside the EEA are also likely to be subject to the Regulation's right to be forgotten. This holds true if the activities of an EU subsidiary and its U.S. parent are what?

A. Bound by a standard contractual clause.
B. Inextricably linked in their businesses.
C. Supervised by the same Data Protection Officer.
D. Consistent with Privacy Shield requirements

Answer: B

Explanation:
Reference http://curia.europa.eu/juris/document/document.jsf?docid=138782&doclang=EN

NEW QUESTION # 35
Through a combination of hardware failure and human error, the decryption key for a bank's customer account transaction database has been lost. An investigation has determined that this was not the result of hacking or malfeasance, simply an unfortunate combination of circumstances. Which of the following accurately indicates the nature of this incident?

A. A data breach has occurred because the loss of the key has resulted in the data no longer being accessible.
B. A data breach has not occurred because the loss was not the result of hacking.
C. A data breach has not occurred because no data was exposed to any unauthorized individual.
D. A data breach has occurred because the loss of the key has resulted in the loss of confidentiality or integrity of the data.

Answer: D

Explanation:
A data breach is broadly defined as any incident that leads to the unauthorized access, disclosure, alteration, or destruction of personal data. While options A and B might seem plausible at first glance, they focus on a narrow interpretation of a breach.
The key here is the loss of confidentiality and/or integrity. Even though no one has actively stolen the data, the bank can no longer guarantee the confidentiality of the information, nor can it ensure the integrity of the data since it cannot be accessed or modified securely. This constitutes a loss of control over the data and thus qualifies as a data breach.
References:
* IAPP CIPP/E textbook, Chapter 5: Data Breach Notification (specifically, the definition of a personal data breach)
* GDPR Article 4(12) - Definition of a personal data breach

NEW QUESTION # 36
SCENARIO
Please use the following to answer the next question:
Sandy recently joined Market4U, an advertising technology company founded in 2016, as their VP of Privacy and Data Governance. Through her first initiative in conducting a data inventory, Sandy learned that Market4U maintains a list of 19 million global contacts that were collected throughout the course of Market4U's existence. Knowing the risk of having such a large amount of data, Sandy wanted to purge all contacts that were entered into Market4U's systems prior to May 2018, unless such contacts had a more recent interaction with Market4U content. However, Dan, the VP of Sales, informed Sandy that all of the contacts provide useful information regarding successful marketing campaigns and trends in industry verticals for Market4U's clients.
Dan also informed Sandy that he had wanted to focus on gaining more customers within the sports and entertainment industry. To assist with this behavior, Market4U's marketing team decided to add several new fields to Market4U's website forms, including forms for downloading white papers, creating accounts to participate in Market4U's forum, and attending events. Such fields include birth date and salary.
What should Sandy give as feedback to Dan and the marketing team regarding the new fields Dan wants to add to Market4U's forms?

A. Eliminate the fields as they are not necessary for the purposes of providing white papers or registration for events.
B. Only request the information in brackets (i.e., age group and salary range).
C. Eliminate the fields, as they are not proportional to the services being offered.
D. Make all the fields optional.

Answer: A

Explanation:
Sandy should give this feedback to Dan and the marketing team, as it reflects the principle of data minimization, which requires that personal data collected must be adequate, relevant and limited to what is necessary for the purposes of the processing1. Collecting birth date and salary information from customers who want to download white papers or register for events is not necessary for those purposes, and may pose risks for data protection and security. Moreover, such information may fall under the category of special data, which requires explicit consent from the data subjects and can only be processed under certain conditions2.
The other options do not comply with the principle of data minimization, as they still involve collecting more data than needed, even if they are optional or in brackets. References:
* Free CIPP/E Study Guide, page 23, section 3.1
* CIPP/E Certification, page 18, section 3.1
* The Ultimate CIPP/E Study Guide for 2023, page 16, section 3.1
* Principles - General Data Protection Regulation (GDPR), Article 5
* Special categories of personal data - General Data Protection Regulation (GDPR), Article 9

NEW QUESTION # 37
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