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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q167-Q172):

NEW QUESTION # 167
According to Art 23 GDPR, which of the following data subject rights can NOT be restricted?

A. Right to erasure ("Right to be forgotten").
B. Right to lodge a complaint with a supervisory authority.
C. Right not to be subject to automated individual decision-making
D. Right to restriction of processing.

Answer: B

Explanation:
According to Article 23 of the GDPR, the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22, may be restricted by a legislative measure of a Member State or the Union, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard certain public interests or the rights and freedoms of others1. However, Article 23 does not include Article 77, which grants the data subject the right to lodge a complaint with a supervisory authority if the data subject considers that the processing of personal data relating to him or her infringes the GDPR2. Therefore, this right cannot be restricted by any legislative measure, as it is essential for the effective judicial protection of the data subject and the enforcement of the GDPR3. References:
* Free CIPP/E Study Guide, page 14, section 2.3
* GDPR, Article 77
* GDPR, Article 23
* Guidelines on restrictions of data subject rights under Art. 23 of the GDPR, page 4, section 2
* Statement on restrictions on data subject rights in connection to the COVID-19 pandemic, page 2, section 2

NEW QUESTION # 168
Which of the following describes a mandatory requirement for a group of undertakings that wants to appoint a single data protection officer?

A. The data protection officer must be located in the country where the data controller has its main establishment.
B. The group of undertakings must be comprised of organizations of similar sizes and functions.
C. The data protection officer must be easily accessible from each establishment where the undertakings are located.
D. The group of undertakings must obtain approval from a supervisory authority.

Answer: C

NEW QUESTION # 169
Which of the following describes a mandatory requirement for a group of undertakings that wants to appoint a single data protection officer?

A. The data protection officer must be located in the country where the data controller has its main establishment.
B. The group of undertakings must be comprised of organizations of similar sizes and functions.
C. The data protection officer must be easily accessible from each establishment where the undertakings are located.
D. The group of undertakings must obtain approval from a supervisory authority.

Answer: C

Explanation:
Explanation/Reference: https://www.privacy-regulation.eu/en/article-37-designation-of-the-data-protection-officer- GDPR.htm

NEW QUESTION # 170
In 2016's Guidance, the United Kingdom's Information Commissioner's Office (ICO) reaffirmed the importance of using a "layered notice" to provide data subjects with what?

A. A privacy notice explaining the consequences for opting out of the use of cookies on a website.
B. An explanation of the security measures used when personal data is transferred to a third party.
C. An efficient means of providing written consent in member states where they are required to do so.
D. A privacy notice containing brief information whilst offering access to further detail.

Answer: D

Explanation:
Explanation

NEW QUESTION # 171
SCENARIO
Please use the following to answer the next question:
ABC Hotel Chain and XYZ Travel Agency are U.S.-based multinational companies. They use an internet-based common platform for collecting and sharing their customer data with each other, in order to integrate their marketing efforts. Additionally, they agree on the data to be stored, how reservations will be booked and confirmed, and who has access to the stored data.
Mike, an EU resident, has booked travel itineraries in the past through XYZ Travel Agency to stay at ABC Hotel Chain's locations. XYZ Travel Agency offers a rewards program that allows customers to sign up to accumulate points that can later be redeemed for free travel. Mike has signed the agreement to be a rewards program member.
Now Mike wants to know what personal information the company holds about him. He sends an email requesting access to his data, in order to exercise what he believes are his data subject rights.
In which of the following situations would ABC Hotel Chain and XYZ Travel Agency NOT have to honor Mike's data access request?

A. The request is to obtain access and erasure of his personal data while keeping his rewards membership.
B. The request is to obtain access and correct inaccurate personal data in his profile.
C. The request is to obtain access and the categories of recipients who have received his personal data to process his rewards membership.
D. The request is to obtain access and information about the purpose of processing his personal data.

Answer: A

Explanation:
According to the GDPR, the data subject has the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information: (a) the purposes of the processing; (b) the categories of personal data concerned; the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; (d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing; (f) the right to lodge a complaint with a supervisory authority; (g) where the personal data are not collected from the data subject, any available information as to their source; (h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject1. The data subject also has the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her2. Therefore, options A, B and D are valid data access requests that ABC Hotel Chain and XYZ Travel Agency have to honor, as they fall within the scope of the right of access and rectification. However, option C is not a valid data access request, as it involves the right to erasure, which is a separate right from the right of access. The right to erasure, also known as the right to be forgotten, entitles the data subject to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies: (a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing; the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2); (d) the personal data have been unlawfully processed; (e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject; (f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1)3. However, the right to erasure is not absolute and does not apply where processing is necessary: (a) for exercising the right of freedom of expression and information; (b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3); (d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or (e) for the establishment, exercise or defence of legal claims4. In this scenario, Mike's request to obtain access and erasure of his personal data while keeping his rewards membership is not a valid data access request, as it contradicts the right to erasure. If Mike wants to exercise his right to erasure, he has to withdraw his consent for the processing of his personal data by ABC Hotel Chain and XYZ Travel Agency, which means that he cannot keep his rewards membership, as it is based on the processing of his personal data. Moreover, ABC Hotel Chain and XYZ Travel Agency may have other legal grounds for retaining his personal data, such as compliance with a legal obligation or the establishment, exercise or defence of legal claims. Therefore, option C is the correct answer, as it is the only situation where ABC Hotel Chain and XYZ Travel Agency do not have to honor Mike's data access request. Reference: 1: Article 15 of the GDPR; 2: Article 16 of the GDPR; 3: Article 17(1) of the GDPR; 4: Article 17(3) of the GDPR; Free CIPP/E Study Guide, pages 33-35.

NEW QUESTION # 172
......

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Efficient CIPP-E Exam Dumps Collection - Trusted & Pass-Sure CIPP-E Materials Free Download for IAPP CIPP-E Exam

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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q167-Q172):

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