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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q254-Q259):
NEW QUESTION # 254
A grade school is planning to use facial recognition to track student attendance. Which of the following may provide a lawful basis for this processing?
Answer: D
Explanation:
Reference: https://www.jdsupra.com/legalnews/let-s-face-it-facial-recognition-1134180/ The use of facial recognition technology to track student attendance involves the processing of biometric data, which is a special category of personal data under the GDPR. Such data can only be processed under certain conditions, one of which is the explicit consent of the data subject1. Therefore, the school may provide a lawful basis for this processing if it obtains the explicit consent of the students (or their legal guardians, if the students are minors). The consent must be freely given, specific, informed and unambiguous, and the students must have the right to withdraw their consent at any time2. The other options do not provide a lawful basis for this processing, as they do not meet the requirements for processing special categories of data. Placing a notice near each camera does not constitute consent, nor does it comply with the transparency principle3. Processing for the legitimate interests of the school may be a valid basis for processing personal data in general, but not for processing biometric data, unless it is authorised by a specific law that provides suitable safeguards4. A state law that requires facial recognition to verify attendance may also be a valid basis for processing personal data in general, but not for processing biometric data, unless it is necessary for reasons of substantial public interest and provides suitable safeguards5. References:
Free CIPP/E Study Guide, page 24, section 3.2
CIPP/E Certification, page 19, section 3.2
Cipp-e Study guides, Class notes & Summaries, page 17, section 3.2
Special categories of personal data - General Data Protection Regulation (GDPR), Article 9 Consent - General Data Protection Regulation (GDPR), Article 7 Principles - General Data Protection Regulation (GDPR), Article 5 Lawfulness of processing - General Data Protection Regulation (GDPR), Article 6 Special categories of personal data - General Data Protection Regulation (GDPR), Article 9
NEW QUESTION # 255
Under Article 21 of the GDPR, a controller must stop profiling when requested by a data subject, unless it can demonstrate compelling legitimate grounds that override the interests of the individual. In the Guidelines on Automated individual decision-making and Profiling, the WP 29 says the controller needs to do all of the following to demonstrate that it has such legitimate grounds EXCEPT?
Answer: A
NEW QUESTION # 256
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.
If Who-R-U decides to track locations using its app, what must it do to comply with the GDPR?
Answer: B
Explanation:
According to the GDPR, location data is a type of personal data that can reveal information about an individual's habits, preferences, or movements1. Location data can also be considered as a special category of personal data if it reveals information about an individual's health, ethnic origin, or religious beliefs2. Therefore, location data is subject to the GDPR's rules on the lawful processing of personal data, which require a valid legal basis, such as consent, contract, legal obligation, vital interest, public interest, or legitimate interest2.
In this scenario, Who-R-U decides to track locations using its app, which means that it collects and processes location data from its app users. This data can be used to identify the app users, as well as to infer information about their interests, preferences, or behavior. Therefore, Who-R-U needs to comply with the GDPR, even if it only offers its services to Canadians, because it monitors the behavior of individuals in the EU2.
One of the possible legal bases for processing location data is consent, which means that the app users must give their informed, specific, and freely given agreement to the collection and use of their location data2. Consent must be obtained before the processing starts, and it must be easy to withdraw at any time2. Consent must also be granular, meaning that the app users must be able to choose which purposes and types of location data they agree to share1.
Therefore, if Who-R-U decides to track locations using its app, it must get consent from the app users, and provide them with clear and transparent information about how, why, and for how long their location data will be processed, who will have access to it, and what rights they have under the GDPR12. Who-R-U must also ensure that the consent is voluntary, and that the app users can opt out of location tracking without affecting the functionality or quality of the app12. References: 1 Policy Brief: Location Data Under Existing Privacy Laws | FPF. Available at: 5 (Accessed: 11 December 2023)2 What is the General Data Protection Regulation (GDPR)? | Cloudflare. Available at: 6 (Accessed: 11 December 2023).
NEW QUESTION # 257
Under what circumstances would the GDPR apply to personal data that exists in physical form, such as information contained in notebooks or hard copy files?
Answer: A
Explanation:
The GDPR applies to all personal data, regardless of whether it exists in physical form or not. The GDPR defines personal data as any information relating to an identified or identifiable natural person, such as names, identification numbers, location data, or online identifiers1. Therefore, any information that can be linked directly or indirectly to a natural person is considered personal data under the GDPR.
However, the GDPR also distinguishes between different types of processing activities and their legal bases. Processing activities are the operations performed on personal data, such as collection, storage, use, disclosure, or deletion. Processing activities can be either automated or manual. Automated processing means using technology to perform processing activities without human intervention. Manual processing means using human intervention to perform processing activities.
The GDPR requires that any processing activity that involves personal data must comply with certain principles and conditions, such as lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality. These principles and conditions apply to both automated and manual processing activities.
Therefore, the GDPR applies to personal data that exists in physical form only when it is processed by an automated means in some way that affects its rights and freedoms. For example, if a company scans paper documents and stores them electronically in a database without deleting them after a certain period of time or when they are no longer needed for the original purpose for which they were collected (Article 6), then this would be considered an automated processing activity that involves personal data in physical form.
However, the GDPR does not apply to personal data that exists in physical form when it is handled in a sufficiently structured manner so as to form part of a filing system. For example, if a company keeps paper documents in folders labeled with names and dates on their office shelves without scanning them or storing them electronically anywhere else (Article 5), then this would not be considered an automated processing activity that involves personal data in physical form.
Reference:
Physical Data - GDPR Summary
What GDPR Means for Your Physical Records - Access
Personal Data - Data Protection Act 2018
NEW QUESTION # 258
What permissions are required for a marketer to send an email marketing message to a consumer in the EU?
Answer: D
Explanation:
Under the GDPR, email marketing requires explicit and unambiguous consent from the recipients, meaning that they must actively agree to receive marketing communications, and the process for obtaining this consent must be clear and transparent. A prior opt-in consent is the most common and reliable way to demonstrate compliance with this requirement, as it involves a positive action from the data subject, such as ticking a box, clicking a button, or filling a form. A pre-checked box, a notice, or an opt-out option are not sufficient to obtain valid consent, as they do not indicate a clear expression of the data subject's will. However, there is an exception to the consent rule for existing customers, known as the "soft opt-in". This means that a company can send email marketing messages to its customers without prior consent, if the following conditions are met:
The company obtained the customer's contact details in the course of a sale or negotiations for a sale of a product or service; The company only sends marketing messages about its own similar products or services; The company gives the customer a clear opportunity to opt out of receiving such messages both when first collecting the details and in every subsequent message.
NEW QUESTION # 259
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