Question # 1
Which statement is correct when considering the right to privacy under Article 8 of the European Convention on Human Rights (ECHR)?
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A. The right to privacy is an absolute right
| B. The right to privacy has to be balanced against other rights under the ECHR
| C. The right to freedom of expression under Article 10 of the ECHR will always override the right to privacy
| D. The right to privacy protects the right to hold opinions and to receive and impart ideas without interference |
B.
The right to privacy has to be balanced against other rights under the ECHR
Reference: https://www.echr.coe.int/Documents/Guide_Art_8_ENG.pdf (15)
Question # 2
Please use the following to answer the next question: You have just been hired by a toy manufacturer based in Hong Kong. The company sells a broad range of dolls, action figures and plush toys that can be found internationally in a wide variety of retail stores. Although the manufacturer has no offices outside Hong Kong and in fact does not employ any staff outside Hong Kong, it has entered into a number of local distribution contracts. The toys produced by the company can be found in all popular toy stores throughout Europe, the United States and Asia. A large portion of the company’s revenue is due to international sales. The company now wishes to launch a new range of connected toys, ones that can talk and interact with children. The CEO of the company is touting these toys as the next big thing, due to the increased possibilities offered: The figures can answer children’s Questions: on various subjects, such as mathematical calculations or the weather. Each figure is equipped with a microphone and speaker and can connect to any smartphone or tablet via Bluetooth. Any mobile device within a 10-meter radius can connect to the toys via Bluetooth as well. The figures can also be associated with other figures (from the same manufacturer) and interact with each other for an enhanced play experience. When a child asks the toy a question, the request is sent to the cloud for analysis, and the answer is generated on cloud servers and sent back to the figure. The answer is given through the figure’s integrated speakers, making it appear as though that the toy is actually responding to the child’s question. The packaging of the toy does not provide technical details on how this works, nor does it mention that this feature requires an internet connection. The necessary data processing for this has been outsourced to a data center located in South Africa. However, your company has not yet revised its consumer-facing privacy policy to indicate this. In parallel, the company is planning to introduce a new range of game systems through which consumers can play the characters they acquire in the course of playing the game. The system will come bundled with a portal that includes a Near-Field Communications (NFC) reader. This device will read an RFID tag in the action figure, making the figure come to life onscreen. Each character has its own stock features and abilities, but it is also possible to earn additional ones by accomplishing game goals. The only information stored in the tag relates to the figures’ abilities. It is easy to switch characters during the game, and it is possible to bring the figure to locations outside of the home and have the character’s abilities remain intact. What presents the BIGGEST potential privacy issue with the company’s practices?
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A. The NFC portal can read any data stored in the action figures
| B. The information about the data processing involved has not been specified
| C. The cloud service provider is in a country that has not been deemed adequate
| D. The RFID tag in the action figures has the potential for misuse because of the toy’s evolving capabilities |
B.
The information about the data processing involved has not been specified
Question # 3
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 forTripBliss 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?
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A. 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.
| B. Because of the categories of data involved, explicit consent for the use of cookies must be obtained separately from customers.
| C. Because Techiva will receive only aggregate statistics of data collected from the cookies, no additional consent is necessary.
| D. Because the use of cookies involves the potential for location tracking, explicit consent must be obtained from customers. |
B.
Because of the categories of data involved, explicit consent for the use of cookies must be obtained separately from customers.
Question # 4
Which sentence best describes proper compliance for an international organization using Binding Corporate Rules (BCRs) as a controller or processor?
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A. Employees must sign an ad hoc contractual agreement each time personal data is exported. | B. All employees are subject to the rules in their entirety, regardless of where the work is taking place.
| C. All employees must follow the privacy regulations of the jurisdictions where the current scope of their work is established.
| D. Employees who control personal data must complete a rigorous certification procedure, as they are exempt from legal enforcement. |
C.
All employees must follow the privacy regulations of the jurisdictions where the current scope of their work is established.
Question # 5
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, preuniversity 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. Anna will find that a risk analysis is NOT necessary in this situation as long as?
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A. The data subjects are no longer current students of Frank’s | B. The processing will not negatively affect the rights of the data subjects
| C. The algorithms that Frank uses for the processing are technologically sound
| D. The data subjects gave their unambiguous consent for the original processing |
D.
The data subjects gave their unambiguous consent for the original processing
Question # 6
Which sentence BEST summarizes the concepts of “fairness,” “lawfulness” and “transparency”, as expressly required by Article 5 of the GDPR?
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A. Fairness and transparency refer to the communication of key information before collecting data; lawfulness refers to compliance with government regulations.
| B. Fairness refers to limiting the amount of data collected from individuals; lawfulness refers to the approval of company guidelines by the state; transparency solely relates to communication of key information before collecting data.
| C. Fairness refers to the security of personal data; lawfulness and transparency refers to the analysis of ordinances to ensure they are uniformly enforced.
| D. Fairness refers to the collection of data from diverse subjects; lawfulness refers to the need for legal rules to be uniform; transparency refers to giving individuals access to their data. |
A.
Fairness and transparency refer to the communication of key information before collecting data; lawfulness refers to compliance with government regulations.
Question # 7
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?
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A. The data subject already has information regarding how his data will be used
| B. The provision of such information to the data subject would be too problematic | C. Third-party data would be disclosed by providing such information to the data subject
| D. The processing of the data subject’s data is protected by appropriate technical measures |
A.
The data subject already has information regarding how his data will be used
Reference: https://dataprivacymanager.net/gdpr-exemptions-from-the-obligation-to-provideinformation- to-the- individual-data-subject/
Question # 8
If a French controller has a car-sharing app available only in Morocco, Algeria and Tunisia, but the data processing activities are carried out by the appointed processor in Spain, the GDPR will apply to the processing of the personal data so long as?
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A. The individuals are European citizens or residents.
| B. The data processing activities are in Spain.
| C. The data controller is in France.
| D. The EU individuals are targeted. |
D.
The EU individuals are targeted.
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