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NEW QUESTION 40
A multinational company is appointing a mandatory data protection officer. In addition to considering the rules set out in Article 37 (1) of the GDPR, which of the following actions must the company also undertake to ensure compliance in all EU jurisdictions in which it operates?
- A. Revise the data processing activities of the company that affect more than one jurisdiction to evaluate whether they comply with the principles of privacy by design and by default.
- B. Conduct a Data Protection Privacy Assessment on the processing operations of the company in all the countries it operates.
- C. Assess whether the company has more than 250 employees in each of the EU member-states in which it is established.
- D. Consult national derogations to evaluate if there are additional cases to be considered in relation to the matter.
Answer: B
NEW QUESTION 41
Based on GDPR Article 35, which of the following situations would trigger the need to complete a DPIA?
- A. A company wants to combine location data with other data in order to offer more personalized service for the customer.
- B. A company wants to use location data to infer information on a person's clothes purchasing habits.
- C. A company wants to build a dating app that creates candidate profiles based on location data and data from third-party sources.
- D. A company wants to use location data to track delivery trucks in order to make the routes more efficient.
Answer: C
Explanation:
Explanation/Reference: http://webcache.googleusercontent.com/search?q=cache:aQkU17eX9sQJ:https:// www.shlegal.com/insights/article-29-data-protection-working-party-gdpr-guidelines-on-data-protection-impact- assessments&client=firefox-b-e&hl=en&gl=pk&strip=1&vwsrc=0
NEW QUESTION 42
Which of the following countries will continue to enjoy adequacy status under the GDPR, pending any future European Commission decision to the contrary?
- A. Norway
- B. Australia
- C. Switzerland
- D. Greece
Answer: C
NEW QUESTION 43
The GDPR forbids the practice of "forum shopping", which occurs when companies do what?
- A. Choose the data protection officer that is most sympathetic to their business concerns.
- B. File appeals of infringement judgments with more than one EU institution simultaneously.
- C. Select third-party processors on the basis of cost rather than quality of privacy protection.
- D. Designate their main establishment in member state with the most flexible practices.
Answer: D
NEW QUESTION 44
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: B
NEW QUESTION 45
SCENARIO
Please use the following to answer the next question:
Dynaroux Fashion ('Dynaroux') is a successful international online clothing retailer that employs approximately 650 people at its headquarters based in Dublin, Ireland. Ronan is their recently appointed data protection officer, who oversees the company's compliance with the General Data Protection Regulation (GDPR) and other privacy legislation.
The company offers both male and female clothing lines across all age demographics, including children. In doing so, the company processes large amounts of information about such customers, including preferences and sensitive financial information such as credit card and bank account numbers.
In an aggressive bid to build revenue growth, Jonas, the CEO, tells Ronan that the company is launching a new mobile app and loyalty scheme that puts significant emphasis on profiling the company's customers by analyzing their purchases. Ronan tells the CEO that: (a) the potential risks of such activities means that Dynaroux needs to carry out a data protection impact assessment to assess this new venture and its privacy implications; and (b) where the results of this assessment indicate a high risk in the absence of appropriate protection measures, Dynaroux may have to undertake a prior consultation with the Irish Data Protection Commissioner before implementing the app and loyalty scheme.
Jonas tells Ronan that he is not happy about the prospect of having to directly engage with a supervisory authority and having to disclose details of Dynaroux's business plan and associated processing activities.
Which of the following facts about Dynaroux would trigger a data protection impact assessment under the GDPR?
- A. The company intends to shift their business model to rely more heavily on online shopping.
- B. The company employs approximately 650 people and will therefore be carrying out extensive processing activities.
- C. The company plans to undertake profiling of its customers through analysis of their purchasing patterns.
- D. The company will be undertaking processing activities involving sensitive data categories such as financial and children's data.
Answer: C
NEW QUESTION 46
A worker in a European Union (EU) member state has ceased his employment with a company. What should the employer most likely do in regard to the worker's personal data?
- A. Store all of the data in case the departing worker makes a subject access request.
- B. Destroy sensitive information and store the rest per applicable data protection rules.
- C. Provide the employee the reasons for retaining the data.
- D. Securely store the data that is required to be kept under local law.
Answer: B
NEW QUESTION 47
SCENARIO
Please use the following to answer the next question:
Zandelay Fashion ('Zandelay') is a successful international online clothing retailer that employs approximately 650 people at its headquarters based in Dublin, Ireland. Martin is their recently appointed data protection officer, who oversees the company's compliance with the General Data Protection Regulation (GDPR) and other privacy legislation.
The company offers both male and female clothing lines across all age demographics, including children. In doing so, the company processes large amounts of information about such customers, including preferences and sensitive financial information such as credit card and bank account numbers.
In an aggressive bid to build revenue growth, Jerry, the CEO, tells Martin that the company is launching a new mobile app and loyalty scheme that puts significant emphasis on profiling the company's customers by analyzing their purchases. Martin tells the CEO that: (a) the potential risks of such activities means that Zandelay needs to carry out a data protection impact assessment to assess this new venture and its privacy implications; and (b) where the results of this assessment indicate a high risk in the absence of appropriate protection measures. Zandelay may have to undertake a prior consultation with the Irish Data Protection Commissioner before implementing the app and loyalty scheme.
Jerry tells Martin that he is not happy about the prospect of having to directly engage with a supervisory authority and having to disclose details of Zandelay's business plan and associated processing activities.
What must Zandelay provide to the supervisory authority during the prior consultation?
- A. An evaluation of the complexity of the intended processing.
- B. Records showing that customers have explicitly consented to the intended profiling activities.
- C. Certificates that prove Martin's professional qualities and expert knowledge of data protection law.
- D. An of the purposes and means of the intended processing.
Answer: D
NEW QUESTION 48
In which scenario is a Controller most likely required to undertake a Data Protection Impact Assessment?
- A. When personal data is being collected and combined with other personal data to profile the creditworthiness of individuals.
- B. When personal data is being transferred outside of the EEA.
- C. When the controller is required to have a Data Protection Officer.
- D. When the controller is collecting email addresses from individuals via an online registration form for marketing purposes.
Answer: C
Explanation:
Reference:
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NEW QUESTION 49
What term BEST describes the European model for data protection?
- A. Comprehensive
- B. Market-based
- C. Self-regulatory
- D. Sectoral
Answer: D
NEW QUESTION 50
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. Perform a data protection impact assessment (DPIA).
- B. Ensure that safeguards are in place to prevent unauthorized access to the footage.
- C. Create an information retention policy for those who operate the system.
- D. Notify the appropriate data protection authority.
Answer: C
NEW QUESTION 51
SCENARIO
Please use the following to answer the next question:
Anna and Frank both work at Granchester 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 Granchester'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.
Before Anna determines whether Frank's performance database is permissible, what additional information does she need?
- A. More information about the extent of the information loss.
- B. More information about Frank's data protection training.
- C. More information about what students have been told and how the research will be used.
- D. More information about the algorithm Frank used to mask student numbers.
Answer: C
NEW QUESTION 52
How does the GDPR now define "processing"?
- A. Any operation or set of operations performed on personal data or on sets of personal data.
- B. Any operation or set of operations performed by automated means on personal data or on sets of personal data.
- C. Any use or disclosure of personal data compatible with the purpose for which the data was collected.
- D. Any act involving the collecting and recording of personal data.
Answer: D
Explanation:
Explanation/Reference: https://gdpr-info.eu/issues/processing/
NEW QUESTION 53
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.
In addition to notifying employees about the purpose of the monitoring, the potential uses of their data and their privacy rights, what information should Building Block have provided them before implementing the security measures?
- A. Information about how the measures are in the best interests of the company.
- B. Information about how providing consent could affect them as employees.
- C. Information about what is specified in the employment contract.
- D. Information about who employees should contact with any queries.
Answer: C
NEW QUESTION 54
When would a data subject NOT be able to exercise the right to portability?
- A. When the processing is based on consent.
- B. When the processing is necessary to perform a task in the exercise of authority vested in the controller.
- C. When the processing is carried out pursuant to a contract with the data subject.
- D. When the data was supplied to the controller by the data subject.
Answer: B
NEW QUESTION 55
Data retention in the EU was underpinned by a legal framework established by the Data Retention Directive (2006/24/EC). Why is the Directive no longer part of EU law?
- A. The Directive was superseded by the EU Directive on Privacy and Electronic Communications.
- B. The Directive was annulled by the Court of Justice of the European Union.
- C. The Directive was superseded by the General Data Protection Regulation.
- D. The Directive was annulled by the European Court of Human Rights.
Answer: B
NEW QUESTION 56
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.
In addition to notifying employees about the purpose of the monitoring, the potential uses of their data and their privacy rights, what information should Building Block have provided them before implementing the security measures?
- A. Information about how the measures are in the best interests of the company.
- B. Information about how providing consent could affect them as employees.
- C. Information about what is specified in the employment contract.
- D. Information about who employees should contact with any queries.
Answer: C
NEW QUESTION 57
In which case would a controller who has undertaken a DPIA most likely need to consult with a supervisory authority?
- A. Where the DPIA identifies high risks to individuals' rights and freedoms that the controller can take steps to reduce.
- B. Where the DPIA identifies risks that will require insurance for protecting its business interests.
- C. Where the DPIA identifies that the processing being proposed collects the sensitive data of EU citizens.
- D. Where the DPIA identifies that personal data needs to be transferred to other countries outside of the EEA.
Answer: A
NEW QUESTION 58
When assessing the level of risk created by a data breach, which of the following would NOT have to be taken into consideration?
- A. The ease of identification of individuals.
- B. The nature, sensitivity and volume of personal data.
- C. The special characteristics of the data controller.
- D. The size of any data processor involved.
Answer: D
NEW QUESTION 59
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