Deck 3: Certified Information Privacy Professional/Europe (CIPP/E)

Question 1

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?

A) Only where the personal data is produced as a physical output of specific automated processing activities, such as printing, labelling, or stamping.
B) Only where the personal data is to be subjected to specific computerized processing, such as image scanning or optical character recognition.
C) Only where the personal data is treated by automated means in some way, such as computerized distribution or filing.
D) Only where the personal data is handled in a sufficiently structured manner so as to form part of a filing system.

Answer 1

Only where the personal data is handled in a sufficiently structured manner so as to form part of a filing system.

Question 2

Which EU institution is vested with the competence to propose new data protection legislation on its own initiative?

A) The European Council
B) The European Parliament
C) The European Commission
D) The Council of the European Union

Answer 2

The Council of the European Union

Question 3

According to the E-Commerce Directive 2000/31/EC, where is the place of "establishment" for a company providing services via an Internet website confirmed by the GDPR?

A) Where the technology supporting the website is located
B) Where the website is accessed
C) Where the decisions about processing are made
D) Where the customer's Internet service provider is located

Answer 3

Where the customer's Internet service provider is located

Question 4

What is true of both the General Data Protection Regulation (GDPR) and the Council of Europe Convention 108?

A) Both govern international transfers of personal data
B) Both govern the manual processing of personal data
C) Both only apply to European Union countries
D) Both require notification of processing activities to a supervisory authority

Question 5

SCENARIO 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?

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

Question 6

Which of the following would MOST likely trigger the extraterritorial effect of the GDPR, as specified by Article 3?

A) The behavior of suspected terrorists being monitored by EU law enforcement bodies.
B) Personal data of EU citizens being processed by a controller or processor based outside the EU.
C) The behavior of EU citizens outside the EU being monitored by non-EU law enforcement bodies.
D) Personal data of EU residents being processed by a non-EU business that targets EU customers.

Question 7

A key component of the OECD Guidelines is the "Individual Participation Principle". What parts of the General Data Protection Regulation (GDPR) provide the closest equivalent to that principle?

A) The lawful processing criteria stipulated by Articles 6 to 9
B) The information requirements set out in Articles 13 and 14
C) The breach notification requirements specified in Articles 33 and 34
D) The rights granted to data subjects under Articles 12 to 22

Question 8

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 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

Question 9

Article 5(1)(b) of the GDPR states that personal data must be "collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes." Based on Article 5(1)(b), what is the impact of a member state's interpretation of the word "incompatible"?

A) It dictates the level of security a processor must follow when using and storing personal data for two different purposes.
B) It guides the courts on the severity of the consequences for those who are convicted of the intentional misuse of personal data.
C) It sets the standard for the level of detail a controller must record when documenting the purpose for collecting personal data.
D) It indicates the degree of flexibility a controller has in using personal data in ways that may vary from its original intended purpose.

Question 10

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 Frank's data protection training.
B) More information about the extent of the information loss.
C) More information about the algorithm Frank used to mask student numbers.
D) More information about what students have been told and how the research will be used.

Question 11

How is the retention of communications traffic data for law enforcement purposes addressed by European data protection law?

A) The ePrivacy Directive allows individual EU member states to engage in such data retention.
B) The ePrivacy Directive harmonizes EU member states' rules concerning such data retention.
C) The Data Retention Directive's annulment makes such data retention now permissible.
D) The GDPR allows the retention of such data for the prevention, investigation, detection or prosecution of criminal offences only.

Question 12

Under which of the following conditions does the General Data Protection Regulation NOT apply to the processing of personal data?

A) When the personal data is processed only in non-electronic form
B) When the personal data is collected and then pseudonymised by the controller
C) When the personal data is held by the controller but not processed for further purposes
D) When the personal data is processed by an individual only for their household activities

Question 13

According to the GDPR, how is pseudonymous personal data defined?

A) Data that can no longer be attributed to a specific data subject without the use of additional information kept separately.
B) Data that can no longer be attributed to a specific data subject, with no possibility of re-identifying the data.
C) Data that has been rendered anonymous in such a manner that the data subject is no longer identifiable.
D) Data that has been encrypted or is subject to other technical safeguards.

Question 14

Which institution has the power to adopt findings that confirm the adequacy of the data protection level in a non-EU country?

A) The European Parliament
B) The European Commission
C) The Article 29 Working Party
D) The European Council

Question 15

Tanya is the Data Protection Officer for Curtains Inc., a GDPR data controller. She has recommended that the company encrypt all personal data at rest. Which GDPR principle is she following?

A) Accuracy
B) Storage Limitation
C) Integrity and confidentiality
D) Lawfulness, fairness and transparency

Question 16

With the issue of consent, the GDPR allows member states some choice regarding what?

A) The mechanisms through which consent may be communicated
B) The circumstances in which silence or inactivity may constitute consent
C) The age at which children must be required to obtain parental consent
D) The timeframe in which data subjects are allowed to withdraw their consent

Question 17

How does the GDPR now define "processing"?

A) Any act involving the collecting and recording of personal data.
B) Any operation or set of operations performed 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 operation or set of operations performed by automated means on personal data or on sets of personal data.

Question 18

What is one major goal that the OECD Guidelines, Convention 108 and the Data Protection Directive (Directive 95/46/EC) all had in common but largely failed to achieve in Europe?

A) The establishment of a list of legitimate data processing criteria
B) The creation of legally binding data protection principles
C) The synchronization of approaches to data protection
D) The restriction of cross-border data flow

Question 19

What type of data lies beyond the scope of the General Data Protection Regulation?

A) Pseudonymized
B) Anonymized
C) Encrypted
D) Masked

Question 20

A Spanish electricity customer calls her local supplier with questions about the company's upcoming merger. Specifically, the customer wants to know the recipients to whom her personal data will be disclosed once the merger is final. According to Article 13 of the GDPR, what must the company do before providing the customer with the requested information?

A) Verify that the request is applicable to the data collected before the GDPR entered into force.
B) Verify that the purpose of the request from the customer is in line with the GDPR.
C) Verify that the personal data has not already been sent to the customer.
D) Verify that the identity of the customer can be proven by other means.

Question 21

Under the GDPR, which of the following is true in regard to adequacy decisions involving cross-border transfers?

A) The European Commission can adopt an adequacy decision for individual companies.
B) The European Commission can adopt, repeal or amend an existing adequacy decision.
C) EU member states are vested with the power to accept or reject a European Commission adequacy decision.
D) To be considered as adequate, third countries must implement the EU General Data Protection Regulation into their national legislation.

Question 22

Which of the following countries will continue to enjoy adequacy status under the GDPR, pending any future European Commission decision to the contrary?

A) Greece
B) Norway
C) Australia
D) Switzerland

Question 23

A company is located in a country NOT considered by the European Union (EU) to have an adequate level of data protection. Which of the following is an obligation of the company if it imports personal data from another organization in the European Economic Area (EEA) under standard contractual clauses?

A) Submit the contract to its own government authority.
B) Ensure that notice is given to and consent is obtained from data subjects.
C) Supply any information requested by a data protection authority (DPA) within 30 days.
D) Ensure that local laws do not impede the company from meeting its contractual obligations.

Question 24

In addition to the European Commission, who can adopt standard contractual clauses, assuming that all required conditions are met?

A) Approved data controllers.
B) The Council of the European Union.
C) National data protection authorities.
D) The European Data Protection Supervisor.

Question 25

SCENARIO Please use the following to answer the next question: Due to rapidly expanding workforce, Company A has decided to outsource its payroll function to Company B. Company B is an established payroll service provider with a sizable client base and a solid reputation in the industry. Company B's payroll solution for Company A relies on the collection of time and attendance data obtained via a biometric entry system installed in each of Company A's factories. Company B won't hold any biometric data itself, but the related data will be uploaded to Company B's UK servers and used to provide the payroll service. Company B's live systems will contain the following information for each of Company A's employees: Name Address Date of Birth Payroll number National Insurance number Sick pay entitlement Maternity/paternity pay entitlement Holiday entitlement Pension and benefits contributions Trade union contributions Jenny is the compliance officer at Company A. She first considers whether Company A needs to carry out a data protection impact assessment in relation to the new time and attendance system, but isn't sure whether or not this is required. Jenny does know, however, that under the GDPR there must be a formal written agreement requiring Company B to use the time and attendance data only for the purpose of providing the payroll service, and to apply appropriate technical and organizational security measures for safeguarding the data. Jenny suggests that Company B obtain advice from its data protection officer. The company doesn't have a DPO but agrees, in the interest of finalizing the contract, to sign up for the provisions in full. Company A enters into the contract. Weeks later, while still under contract with Company A, Company B embarks upon a separate project meant to enhance the functionality of its payroll service, and engages Company C to help. Company C agrees to extract all personal data from Company B's live systems in order to create a new database for Company B. This database will be stored in a test environment hosted on Company C's U.S. server. The two companies agree not to include any data processing provisions in their services agreement, as data is only being used for IT testing purposes. Unfortunately, Company C's U.S. server is only protected by an outdated IT security system, and suffers a cyber security incident soon after Company C begins work on the project. As a result, data relating to Company A's employees is visible to anyone visiting Company C's website. Company A is unaware of this until Jenny receives a letter from the supervisory authority in connection with the investigation that ensues. As soon as Jenny is made aware of the breach, she notifies all affected employees. The GDPR requires sufficient guarantees of a company's ability to implement adequate technical and organizational measures. What would be the most realistic way that Company B could have fulfilled this requirement?

A) Hiring companies whose measures are consistent with recommendations of accrediting bodies.
B) Requesting advice and technical support from Company A's IT team.
C) Avoiding the use of another company's data to improve their own services.
D) Vetting companies' measures with the appropriate supervisory authority.

Question 26

SCENARIO Please use the following to answer the next question: Due to rapidly expanding workforce, Company A has decided to outsource its payroll function to Company B. Company B is an established payroll service provider with a sizable client base and a solid reputation in the industry. Company B's payroll solution for Company A relies on the collection of time and attendance data obtained via a biometric entry system installed in each of Company A's factories. Company B won't hold any biometric data itself, but the related data will be uploaded to Company B's UK servers and used to provide the payroll service. Company B's live systems will contain the following information for each of Company A's employees: Name Address Date of Birth Payroll number National Insurance number Sick pay entitlement Maternity/paternity pay entitlement Holiday entitlement Pension and benefits contributions Trade union contributions Jenny is the compliance officer at Company A. She first considers whether Company A needs to carry out a data protection impact assessment in relation to the new time and attendance system, but isn't sure whether or not this is required. Jenny does know, however, that under the GDPR there must be a formal written agreement requiring Company B to use the time and attendance data only for the purpose of providing the payroll service, and to apply appropriate technical and organizational security measures for safeguarding the data. Jenny suggests that Company B obtain advice from its data protection officer. The company doesn't have a DPO but agrees, in the interest of finalizing the contract, to sign up for the provisions in full. Company A enters into the contract. Weeks later, while still under contract with Company A, Company B embarks upon a separate project meant to enhance the functionality of its payroll service, and engages Company C to help. Company C agrees to extract all personal data from Company B's live systems in order to create a new database for Company B. This database will be stored in a test environment hosted on Company C's U.S. server. The two companies agree not to include any data processing provisions in their services agreement, as data is only being used for IT testing purposes. Unfortunately, Company C's U.S. server is only protected by an outdated IT security system, and suffers a cyber security incident soon after Company C begins work on the project. As a result, data relating to Company A's employees is visible to anyone visiting Company C's website. Company A is unaware of this until Jenny receives a letter from the supervisory authority in connection with the investigation that ensues. As soon as Jenny is made aware of the breach, she notifies all affected employees. Under the GDPR, which of Company B's actions would NOT be likely to trigger a potential enforcement action?

A) Their omission of data protection provisions in their contract with Company C .
B) Their failure to provide sufficient security safeguards to Company A's data.
C) Their engagement of Company C to improve their payroll service.
D) Their decision to operate without a data protection officer.

Question 27

SCENARIO Please use the following to answer the next question: Liem, an online retailer known for its environmentally friendly shoes, has recently expanded its presence in Europe. Anxious to achieve market dominance, Liem teamed up with another eco friendly company, EcoMick, which sells accessories like belts and bags. Together the companies drew up a series of marketing campaigns designed to highlight the environmental and economic benefits of their products. After months of planning, Liem and EcoMick entered into a data sharing agreement to use the same marketing database, MarketIQ, to send the campaigns to their respective contacts. Liem and EcoMick also entered into a data processing agreement with MarketIQ, the terms of which included processing personal data only upon Liem and EcoMick's instructions, and making available to them all information necessary to demonstrate compliance with GDPR obligations. Liem and EcoMick then procured the services of a company called JaphSoft, a marketing optimization firm that uses machine learning to help companies run successful campaigns. Clients provide JaphSoft with the personal data of individuals they would like to be targeted in each campaign. To ensure protection of its clients' data, JaphSoft implements the technical and organizational measures it deems appropriate. JaphSoft works to continually improve its machine learning models by analyzing the data it receives from its clients to determine the most successful components of a successful campaign. JaphSoft then uses such models in providing services to its client-base. Since the models improve only over a period of time as more information is collected, JaphSoft does not have a deletion process for the data it receives from clients. However, to ensure compliance with data privacy rules, JaphSoft pseudonymizes the personal data by removing identifying information from the contact information. JaphSoft's engineers, however, maintain all contact information in the same database as the identifying information. Under its agreement with Liem and EcoMick, JaphSoft received access to MarketIQ, which included contact information as well as prior purchase history for such contacts, to create campaigns that would result in the most views of the two companies' websites. A prior Liem customer, Ms. Iman, received a marketing campaign from JaphSoft regarding Liem's as well as EcoMick's latest products. While Ms. Iman recalls checking a box to receive information in the future regarding Liem's products, she has never shopped EcoMick, nor provided her personal data to that company. Which of the following BEST describes the relationship between Liem, EcoMick and JaphSoft?

A) Liem is a controller and EcoMick is a processor because Liem provides specific instructions regarding how the marketing campaigns should be rolled out.
B) EcoMick and JaphSoft are is a controller and Liem is a processor because EcoMick is sharing its marketing data with Liem for contacts in Europe.
C) JaphSoft is the sole processor because it processes personal data on behalf of its clients.
D) Liem and EcoMick are joint controllers because they carry out joint marketing activities.

Question 28

When collecting personal data in a European Union (EU) member state, what must a company do if it collects personal data from a source other than the data subjects themselves?

A) Inform the subjects about the collection
B) Provide a public notice regarding the data
C) Upgrade security to match that of the source
D) Update the data within a reasonable timeframe

Question 29

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

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

Question 30

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 would MOST effectively assist Zandelay in conducting their data protection impact assessment?

A) Information about DPIAs found in Articles 38 through 40 of the GDPR.
B) Data breach documentation that data controllers are required to maintain.
C) Existing DPIA guides published by local supervisory authorities.
D) Records of processing activities that data controllers are required to maintain.

Question 31

SCENARIO Please use the following to answer the next question: Liem, an online retailer known for its environmentally friendly shoes, has recently expanded its presence in Europe. Anxious to achieve market dominance, Liem teamed up with another eco friendly company, EcoMick, which sells accessories like belts and bags. Together the companies drew up a series of marketing campaigns designed to highlight the environmental and economic benefits of their products. After months of planning, Liem and EcoMick entered into a data sharing agreement to use the same marketing database, MarketIQ, to send the campaigns to their respective contacts. Liem and EcoMick also entered into a data processing agreement with MarketIQ, the terms of which included processing personal data only upon Liem and EcoMick's instructions, and making available to them all information necessary to demonstrate compliance with GDPR obligations. Liem and EcoMick then procured the services of a company called JaphSoft, a marketing optimization firm that uses machine learning to help companies run successful campaigns. Clients provide JaphSoft with the personal data of individuals they would like to be targeted in each campaign. To ensure protection of its clients' data, JaphSoft implements the technical and organizational measures it deems appropriate. JaphSoft works to continually improve its machine learning models by analyzing the data it receives from its clients to determine the most successful components of a successful campaign. JaphSoft then uses such models in providing services to its client-base. Since the models improve only over a period of time as more information is collected, JaphSoft does not have a deletion process for the data it receives from clients. However, to ensure compliance with data privacy rules, JaphSoft pseudonymizes the personal data by removing identifying information from the contact information. JaphSoft's engineers, however, maintain all contact information in the same database as the identifying information. Under its agreement with Liem and EcoMick, JaphSoft received access to MarketIQ, which included contact information as well as prior purchase history for such contacts, to create campaigns that would result in the most views of the two companies' websites. A prior Liem customer, Ms. Iman, received a marketing campaign from JaphSoft regarding Liem's as well as EcoMick's latest products. While Ms. Iman recalls checking a box to receive information in the future regarding Liem's products, she has never shopped EcoMick, nor provided her personal data to that company. For what reason would JaphSoft be considered a controller under the GDPR?

A) It determines how long to retain the personal data collected.
B) It has been provided access to personal data in the MarketIQ database.
C) It uses personal data to improve its products and services for its client-base through machine learning.
D) It makes decisions regarding the technical and organizational measures necessary to protect the personal data.

Question 32

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?

A) Carry out an exercise that weighs the interests of the controller and the basis for the data subject's objection.
B) Consider the impact of the profiling on the data subject's interest, rights and freedoms.
C) Demonstrate that the profiling is for the purposes of direct marketing.
D) Consider the importance of the profiling to their particular objective.

Question 33

Which of the following would require designating a data protection officer?

A) Processing is carried out by an organization employing 250 persons or more.
B) Processing is carried out for the purpose of providing for-profit goods or services to individuals in the EU.
C) The core activities of the controller or processor consist of processing operations of financial information or information relating to children.
D) The core activities of the controller or processor consist of processing operations that require systematic monitoring of data subjects on a large scale.

Question 34

Which of the following would NOT be relevant when determining if a processing activity would be considered profiling?

A) If the processing is to be performed by a third-party vendor
B) If the processing involves data that is considered personal data
C) If the processing of the data is done through automated means
D) If the processing is used to predict the behavior of data subjects

Question 35

SCENARIO Please use the following to answer the next question: Liem, an online retailer known for its environmentally friendly shoes, has recently expanded its presence in Europe. Anxious to achieve market dominance, Liem teamed up with another eco friendly company, EcoMick, which sells accessories like belts and bags. Together the companies drew up a series of marketing campaigns designed to highlight the environmental and economic benefits of their products. After months of planning, Liem and EcoMick entered into a data sharing agreement to use the same marketing database, MarketIQ, to send the campaigns to their respective contacts. Liem and EcoMick also entered into a data processing agreement with MarketIQ, the terms of which included processing personal data only upon Liem and EcoMick's instructions, and making available to them all information necessary to demonstrate compliance with GDPR obligations. Liem and EcoMick then procured the services of a company called JaphSoft, a marketing optimization firm that uses machine learning to help companies run successful campaigns. Clients provide JaphSoft with the personal data of individuals they would like to be targeted in each campaign. To ensure protection of its clients' data, JaphSoft implements the technical and organizational measures it deems appropriate. JaphSoft works to continually improve its machine learning models by analyzing the data it receives from its clients to determine the most successful components of a successful campaign. JaphSoft then uses such models in providing services to its client-base. Since the models improve only over a period of time as more information is collected, JaphSoft does not have a deletion process for the data it receives from clients. However, to ensure compliance with data privacy rules, JaphSoft pseudonymizes the personal data by removing identifying information from the contact information. JaphSoft's engineers, however, maintain all contact information in the same database as the identifying information. Under its agreement with Liem and EcoMick, JaphSoft received access to MarketIQ, which included contact information as well as prior purchase history for such contacts, to create campaigns that would result in the most views of the two companies' websites. A prior Liem customer, Ms. Iman, received a marketing campaign from JaphSoft regarding Liem's as well as EcoMick's latest products. While Ms. Iman recalls checking a box to receive information in the future regarding Liem's products, she has never shopped EcoMick, nor provided her personal data to that company. JaphSoft's use of pseudonymization is NOT in compliance with the CDPR because?

A) JaphSoft failed to first anonymize the personal data.
B) JaphSoft pseudonymized all the data instead of deleting what it no longer needed.
C) JaphSoft was in possession of information that could be used to identify data subjects.
D) JaphSoft failed to keep personally identifiable information in a separate database.

Question 36

An employee of company ABCD has just noticed a memory stick containing records of client data, including their names, addresses and full contact details has disappeared. The data on the stick is unencrypted and in clear text. It is uncertain what has happened to the stick at this stage, but it likely was lost during the travel of an employee. What should the company do?

A) Notify as soon as possible the data protection supervisory authority that a data breach may have taken place.
B) Launch an investigation and if nothing is found within one month, notify the data protection supervisory authority.
C) Invoke the "disproportionate effort" exception under Article 33 to postpone notifying data subjects until more information can be gathered.
D) Immediately notify all the customers of the company that their information has been accessed by an unauthorized person.

Question 37

SCENARIO Please use the following to answer the next question: Liem, an online retailer known for its environmentally friendly shoes, has recently expanded its presence in Europe. Anxious to achieve market dominance, Liem teamed up with another eco friendly company, EcoMick, which sells accessories like belts and bags. Together the companies drew up a series of marketing campaigns designed to highlight the environmental and economic benefits of their products. After months of planning, Liem and EcoMick entered into a data sharing agreement to use the same marketing database, MarketIQ, to send the campaigns to their respective contacts. Liem and EcoMick also entered into a data processing agreement with MarketIQ, the terms of which included processing personal data only upon Liem and EcoMick's instructions, and making available to them all information necessary to demonstrate compliance with GDPR obligations. Liem and EcoMick then procured the services of a company called JaphSoft, a marketing optimization firm that uses machine learning to help companies run successful campaigns. Clients provide JaphSoft with the personal data of individuals they would like to be targeted in each campaign. To ensure protection of its clients' data, JaphSoft implements the technical and organizational measures it deems appropriate. JaphSoft works to continually improve its machine learning models by analyzing the data it receives from its clients to determine the most successful components of a successful campaign. JaphSoft then uses such models in providing services to its client-base. Since the models improve only over a period of time as more information is collected, JaphSoft does not have a deletion process for the data it receives from clients. However, to ensure compliance with data privacy rules, JaphSoft pseudonymizes the personal data by removing identifying information from the contact information. JaphSoft's engineers, however, maintain all contact information in the same database as the identifying information. Under its agreement with Liem and EcoMick, JaphSoft received access to MarketIQ, which included contact information as well as prior purchase history for such contacts, to create campaigns that would result in the most views of the two companies' websites. A prior Liem customer, Ms. Iman, received a marketing campaign from JaphSoft regarding Liem's as well as EcoMick's latest products. While Ms. Iman recalls checking a box to receive information in the future regarding Liem's products, she has never shopped EcoMick, nor provided her personal data to that company. Why would the consent provided by Ms. Iman NOT be considered valid in regard to JaphSoft?

A) She was not told which controller would be processing her personal data.
B) She only viewed the visual representations of the privacy notice Liem provided.
C) She did not read the privacy notice stating that her personal data would be shared.
D) She has never made any purchases from JaphSoft and has no relationship with the company.

Question 38

Under Article 58 of the GDPR, which of the following describes a power of supervisory authorities in European Union (EU) member states?

A) The ability to enact new laws by executive order.
B) The right to access data for investigative purposes.
C) The discretion to carry out goals of elected officials within the member state.
D) The authority to select penalties when a controller is found guilty in a court of law.

Question 39

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?

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

Question 40

Assuming that the "without undue delay" provision is followed, what is the time limit for complying with a data access request?

A) Within 40 days of receipt
B) Within 40 days of receipt, which may be extended by up to 40 additional days
C) Within one month of receipt, which may be extended by up to an additional month
D) Within one month of receipt, which may be extended by an additional two months

Question 41

Article 29 Working Party has emphasized that the GDPR forbids "forum shopping", which occurs when companies do what?

A) Choose the data protection officer that is most sympathetic to their business concerns.
B) Designate their main establishment in member state with the most flexible practices.
C) File appeals of infringement judgments with more than one EU institution simultaneously.
D) Select third-party processors on the basis of cost rather than quality of privacy protection.

Question 42

A mobile device application that uses cookies will be subject to the consent requirement of which of the following?

A) The ePrivacy Directive
B) The E-Commerce Directive
C) The Data Retention Directive
D) The EU Cybersecurity Directive

Question 43

The GDPR specifies fines that may be levied against data controllers for certain infringements. Which of the following infringements would be subject to the less severe administrative fine of up to 10 million euros (or in the case of an undertaking, up to 2% of the total worldwide annual turnover of the preceding financial year)?

A) Failure to demonstrate that consent was given by the data subject to the processing of their personal data where it is used as the basis for processing.
B) Failure to implement technical and organizational measures to ensure data protection is enshrined by design and default.
C) Failure to process personal information in a manner compatible with its original purpose.
D) Failure to provide the means for a data subject to rectify inaccuracies in personal data.

Question 44

Under what circumstances might the "soft opt-in" rule apply in relation to direct marketing?

A) When an individual has not consented to the marketing.
B) When an individual's details are obtained from their inquiries about buying a product.
C) Where an individual's details have been obtained from a bought-in marketing list.
D) Where an individual is given the ability to unsubscribe from marketing emails sent to him.

Question 45

Why is advisable to avoid consent as a legal basis for an employer to process employee data?

A) Employee data can only be processed if there is an approval from the data protection officer.
B) Consent may not be valid if the employee feels compelled to provide it.
C) An employer might have difficulty obtaining consent from every employee.
D) Data protection laws do not apply to processing of employee data.

Question 46

Which area of privacy is a lead supervisory authority's (LSA) MAIN concern?

A) Data subject rights
B) Data access disputes
C) Cross-border processing
D) Special categories of data

Question 47

What permissions are required for a marketer to send an email marketing message to a consumer in the EU?

A) A prior opt-in consent for consumers unless they are already customers.
B) A pre-checked box stating that the consumer agrees to receive email marketing.
C) A notice that the consumer's email address will be used for marketing purposes.
D) No prior permission required, but an opt-out requirement on all emails sent to consumers.

Question 48

Which change was introduced by the 2009 amendments to the e-Privacy Directive 2002/58/EC?

A) A voluntary notification for personal data breaches applicable to all data controllers.
B) A voluntary notification for personal data breaches applicable to electronic communication providers.
C) A mandatory notification for personal data breaches applicable to all data controllers.
D) A mandatory notification for personal data breaches applicable to electronic communication providers.

Question 49

In which of the following cases would an organization MOST LIKELY be required to follow both ePrivacy and data protection rules?

A) When creating an untargeted pop-up ad on a website.
B) When calling a potential customer to notify her of an upcoming product sale.
C) When emailing a customer to announce that his recent order should arrive earlier than expected.
D) When paying a search engine company to give prominence to certain products and services within specific search results.

Question 50

After leaving the EU under the terms of Brexit, the United Kingdom will seek an adequacy determination. What is the reason for this?

A) The Insurance Commissioner determined that an adequacy determination is required by the Data Protection Act.
B) Adequacy determinations automatically lapse when a Member State leaves the EU.
C) The UK is now a third country because it's no longer subject to the GDPR.
D) The UK is less trustworthy now that its not part of the Union.

Question 51

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.

Question 52

How is the GDPR's position on consent MOST likely to affect future app design and implementation?

A) App developers will expand the amount of data necessary to collect for an app's functionality.
B) Users will be given granular types of consent for particular types of processing.
C) App developers' responsibilities as data controllers will increase.
D) Users will see fewer advertisements when using apps.

Question 53

What must a data controller do in order to make personal data pseudonymous?

A) Separately hold any information that would allow linking the data to the data subject.
B) Encrypt the data in order to prevent any unauthorized access or modification.
C) Remove all indirect data identifiers and dispose of them securely.
D) Use the data only in aggregated form for research purposes.

Question 54

Under Article 9 of the GDPR, which of the following categories of data is NOT expressly prohibited from data processing?

A) Personal data revealing ethnic origin.
B) Personal data revealing genetic data.
C) Personal data revealing financial data.
D) Personal data revealing trade union membership.

Question 55

Which of the following entities would most likely be exempt from complying with the GDPR?

A) A South American company that regularly collects European customers' personal data.
B) A company that stores all customer data in Australia and is headquartered in a European Union (EU) member state.
C) A Chinese company that has opened a satellite office in a European Union (EU) member state to service European customers.
D) A North American company servicing customers in South Africa that uses a cloud storage system made by a European company.

Question 56

SCENARIO Please use the following to answer the next question: Javier is a member of the fitness club EVERFIT. This company has branches in many EU member states, but for the purposes of the GDPR maintains its primary establishment in France. Javier lives in Newry, Northern Ireland (part of the U.K.), and commutes across the border to work in Dundalk, Ireland. Two years ago while on a business trip, Javier was photographed while working out at a branch of EVERFIT in Frankfurt, Germany. At the time, Javier gave his consent to being included in the photograph, since he was told that it would be used for promotional purposes only. Since then, the photograph has been used in the club's U.K. brochures, and it features in the landing page of its U.K. website. However, the fitness club has recently fallen into disrepute due to widespread mistreatment of members at various branches of the club in several EU member states. As a result, Javier no longer feels comfortable with his photograph being publicly associated with the fitness club. After numerous failed attempts to book an appointment with the manager of the local branch to discuss this matter, Javier sends a letter to EVETFIT requesting that his image be removed from the website and all promotional materials. Months pass and Javier, having received no acknowledgment of his request, becomes very anxious about this matter. After repeatedly failing to contact EVETFIT through alternate channels, he decides to take action against the company. Javier contacts the U.K. Information Commissioner's Office ('ICO' - the U.K.'s supervisory authority) to lodge a complaint about this matter. The ICO, pursuant to Article 56 (3) of the GDPR, informs the CNIL (i.e. the supervisory authority of EVERFIT's main establishment) about this matter. Despite the fact that EVERFIT has an establishment in the U.K., the CNIL decides to handle the case in accordance with Article 60 of the GDPR. The CNIL liaises with the ICO, as relevant under the cooperation procedure. In light of issues amongst the supervisory authorities to reach a decision, the European Data Protection Board becomes involved and, pursuant to the consistency mechanism, issues a binding decision. Additionally, Javier sues EVERFIT for the damages caused as a result of its failure to honor his request to have his photograph removed from the brochure and website. Assuming that multiple EVETFIT branches across several EU countries are acting as separate data controllers, and that each of those branches were responsible for mishandling Javier's request, how may Javier proceed in order to seek compensation?

A) He will have to sue the EVETFIT's head office in France, where EVETFIT has its main establishment.
B) He will be able to sue any one of the relevant EVETFIT branches, as each one may be held liable for the entire damage.
C) He will have to sue each EVETFIT branch so that each branch provides proportionate compensation commensurate with its contribution to the damage or distress suffered by Javier.
D) He will be able to apply to the European Data Protection Board in order to determine which particular EVETFIT branch is liable for damages, based on the decision that was made by the board.

Question 57

What is a reason the European Court of Justice declared the Data Retention Directive invalid in 2014?

A) The requirements affected individuals without exception.
B) The requirements were financially burdensome to EU businesses.
C) The requirements specified that data must be held within the EU.
D) The requirements had limitations on how national authorities could use data.

Question 58

SCENARIO Please use the following to answer the next question: Javier is a member of the fitness club EVERFIT. This company has branches in many EU member states, but for the purposes of the GDPR maintains its primary establishment in France. Javier lives in Newry, Northern Ireland (part of the U.K.), and commutes across the border to work in Dundalk, Ireland. Two years ago while on a business trip, Javier was photographed while working out at a branch of EVERFIT in Frankfurt, Germany. At the time, Javier gave his consent to being included in the photograph, since he was told that it would be used for promotional purposes only. Since then, the photograph has been used in the club's U.K. brochures, and it features in the landing page of its U.K. website. However, the fitness club has recently fallen into disrepute due to widespread mistreatment of members at various branches of the club in several EU member states. As a result, Javier no longer feels comfortable with his photograph being publicly associated with the fitness club. After numerous failed attempts to book an appointment with the manager of the local branch to discuss this matter, Javier sends a letter to EVETFIT requesting that his image be removed from the website and all promotional materials. Months pass and Javier, having received no acknowledgment of his request, becomes very anxious about this matter. After repeatedly failing to contact EVETFIT through alternate channels, he decides to take action against the company. Javier contacts the U.K. Information Commissioner's Office ('ICO' - the U.K.'s supervisory authority) to lodge a complaint about this matter. The ICO, pursuant to Article 56 (3) of the GDPR, informs the CNIL (i.e. the supervisory authority of EVERFIT's main establishment) about this matter. Despite the fact that EVERFIT has an establishment in the U.K., the CNIL decides to handle the case in accordance with Article 60 of the GDPR. The CNIL liaises with the ICO, as relevant under the cooperation procedure. In light of issues amongst the supervisory authorities to reach a decision, the European Data Protection Board becomes involved and, pursuant to the consistency mechanism, issues a binding decision. Additionally, Javier sues EVERFIT for the damages caused as a result of its failure to honor his request to have his photograph removed from the brochure and website. Under the cooperation mechanism, what should the lead authority (the CNIL) do after it has formed its view on the matter?

A) Submit a draft decision to other supervisory authorities for their opinion.
B) Request that the other supervisory authorities provide the lead authority with a draft decision for its consideration.
C) Submit a draft decision directly to the Commission to ensure the effectiveness of the consistency mechanism.
D) Request that members of the seconding supervisory authority and the host supervisory authority co-draft a decision.

Question 59

What term BEST describes the European model for data protection?

A) Sectoral
B) Self-regulatory
C) Market-based
D) Comprehensive

Question 60

What should a controller do after a data subject opts out of a direct marketing activity?

A) Without exception, securely delete all personal data relating to the data subject.
B) Without undue delay, provide information to the data subject on the action that will be taken.
C) Refrain from processing personal data relating to the data subject for the relevant type of communication.
D) Take reasonable steps to inform third-party recipients that the data subject's personal data should be deleted and no longer processed.

Question 61

Which of the following is NOT a role of works councils?

A) Determining the monetary fines to be levied against employers for data breach violations of employee data.
B) Determining whether to approve or reject certain decisions of the employer that affect employees.
C) Determining whether employees' personal data can be processed or not.
D) Determining what changes will affect employee working conditions.

Question 62

In which of the following situations would an individual most likely to be able to withdraw her consent for processing?

A) When she is leaving her bank and moving to another bank.
B) When she has recently changed jobs and no longer works for the same company.
C) When she disagrees with a diagnosis her doctor has recorded on her records.
D) When she no longer wishes to be sent marketing materials from an organization.

Question 63

In the event of a data breach, which type of information are data controllers NOT required to provide to either the supervisory authorities or the data subjects?

A) The predicted consequences of the breach.
B) The measures being taken to address the breach.
C) The type of security safeguards used to protect the data.
D) The contact details of the appropriate data protection officer.

Question 64

In which situation would a data controller most likely be able to justify the processing of the data of a child without parental consent?

A) When the data is to be processed for market research.
B) When providing preventive or counselling services to the child.
C) When providing the child with materials purely for educational use.
D) When a legitimate business interest makes obtaining consent impractical.

Question 65

SCENARIO Please use the following to answer the next question: T-Craze, a German-headquartered specialty t-shirt company, was successfully selling to large German metropolitan cities. However, after a recent merger with another German-based company that was selling to a broader European market, T-Craze revamped its marketing efforts to sell to a wider audience. These efforts included a complete redesign of its logo to reflect the recent merger, and improvements to its website meant to capture more information about visitors through the use of cookies. T-Craze also opened various office locations throughout Europe to help expand its business. While Germany continued to host T-Craze's headquarters and main product-design office, its French affiliate became responsible for all marketing and sales activities. The French affiliate recently procured the services of Right Target, a renowned marketing firm based in the Philippines, to run its latest marketing campaign. After thorough research, Right Target determined that T-Craze is most successful with customers between the ages of 18 and 22. Thus, its first campaign targeted university students in several European capitals, which yielded nearly 40% new customers for T-Craze in one quarter. Right Target also ran subsequent campaigns for T-Craze, though with much less success. The last two campaigns included a wider demographic group and resulted in countless unsubscribe requests, including a large number in Spain. In fact, the Spanish data protection authority received a complaint from Sofia, a mid-career investment banker. Sofia was upset after receiving a marketing communication even after unsubscribing from such communications from the Right Target on behalf of T-Craze. What is the best option for the lead regulator when responding to the Spanish supervisory authority's notice that it plans to take action regarding Sofia's complaint?

A) Accept, because it did not receive any complaints.
B) Accept, because GDPR permits non-lead authorities to take action for such complaints.
C) Reject, because Right Target's processing was conducted throughout Europe.
D) Reject, because GDPR does not allow other supervisory authorities to take action if there is a lead authority.

Question 66

According to Article 14 of the GDPR, how long does a controller have to provide a data subject with necessary privacy information, if that subject's personal data has been obtained from other sources?

A) As soon as possible after obtaining the personal data.
B) As soon as possible after the first communication with the data subject.
C) Within a reasonable period after obtaining the personal data, but no later than one month.
D) Within a reasonable period after obtaining the personal data, but no later than eight weeks.

Question 67

When would a data subject NOT be able to exercise the right to portability?

A) When the processing is necessary to perform a task in the exercise of authority vested in the controller.
B) When the processing is carried out pursuant to a contract with the data subject.
C) When the data was supplied to the controller by the data subject.
D) When the processing is based on consent.

Question 68

An organisation receives a request multiple times from a data subject seeking to exercise his rights with respect to his own personal data. Under what condition can the organisation charge the data subject for processing the request?

A) Only where the organisation can show that it is reasonable to do so because more than one request was made.
B) Only to the extent this is allowed under the restrictions on data subjects' rights introduced under Art 23 of GDPR.
C) Only where the administrative costs of taking the action requested exceeds a certain threshold.
D) Only if the organisation can demonstrate that the request is clearly excessive or misguided.

Question 69

With respect to international transfers of personal data, the European Data Protection Board (EDPB) confirmed that derogations may be relied upon under what condition?

A) If the data controller has received preapproval from a Data Protection Authority (DPA), after submitting the appropriate documents.
B) When it has been determined that adequate protection can be performed.
C) Only if the Data Protection Impact Assessment (DPIA) shows low risk.
D) Only as a last resort and when interpreted restrictively.

Question 70

Which of the following is an example of direct marketing that would be subject to European data protection laws?

A) An updated privacy notice sent to an individual's personal email address.
B) A charity fundraising event notice sent to an individual at her business address.
C) A service outage notification provided to an individual by recorded telephone message.
D) A revision of contract terms conveyed to an individual by SMS from a marketing organization.

Question 71

Which mechanism, new to the GDPR, now allows for the possibility of personal data transfers to third countries under Article 42?

A) Approved certifications.
B) Binding corporate rules.
C) Law enforcement requests.
D) Standard contractual clauses.

Question 72

In which of the following cases, cited as an example by a WP29 guidance, would conducting a single data protection impact assessment to address multiple processing operations be allowed?

A) A medical organization that wants to begin genetic testing to support earlier research for which they have performed a DPIA.
B) A data controller who plans to use a new technology product that has already undergone a DPIA by the product's provider.
C) A marketing team that wants to collect mailing addresses of customers for whom they already have email addresses.
D) A railway operator who plans to evaluate the same video surveillance in all the train stations of his company.

Question 73

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) Destroy sensitive information and store the rest per applicable data protection rules.
B) Store all of the data in case the departing worker makes a subject access request.
C) Securely store the data that is required to be kept under local law.
D) Provide the employee the reasons for retaining the data.

Question 74

There are three domains of security covered by Article 32 of the GDPR that apply to both the controller and the processor. These include all of the following EXCEPT?

A) Consent management and withdrawal.
B) Incident detection and response.
C) Preventative security.
D) Remedial security.

Question 75

When does the GDPR provide more latitude for a company to process data beyond its original collection purpose?

A) When the data has been pseudonymized.
B) When the data is protected by technological safeguards.
C) When the data serves legitimate interest of third parties.
D) When the data subject has failed to use a provided opt-out mechanism.

Question 76

SCENARIO Please use the following to answer the next question: T-Craze, a German-headquartered specialty t-shirt company, was successfully selling to large German metropolitan cities. However, after a recent merger with another German-based company that was selling to a broader European market, T-Craze revamped its marketing efforts to sell to a wider audience. These efforts included a complete redesign of its logo to reflect the recent merger, and improvements to its website meant to capture more information about visitors through the use of cookies. T-Craze also opened various office locations throughout Europe to help expand its business. While Germany continued to host T-Craze's headquarters and main product-design office, its French affiliate became responsible for all marketing and sales activities. The French affiliate recently procured the services of Right Target, a renowned marketing firm based in the Philippines, to run its latest marketing campaign. After thorough research, Right Target determined that T-Craze is most successful with customers between the ages of 18 and 22. Thus, its first campaign targeted university students in several European capitals, which yielded nearly 40% new customers for T-Craze in one quarter. Right Target also ran subsequent campaigns for T-Craze, though with much less success. The last two campaigns included a wider demographic group and resulted in countless unsubscribe requests, including a large number in Spain. In fact, the Spanish data protection authority received a complaint from Sofia, a mid-career investment banker. Sofia was upset after receiving a marketing communication even after unsubscribing from such communications from the Right Target on behalf of T-Craze. Why does the Spanish supervisory authority notify the French supervisory authority when it opens an investigation into T-Craze based on Sofia's complaint?

A) T-Craze has a French affiliate.
B) The French affiliate procured the services of Right Target.
C) T-Craze conducts its marketing and sales activities in France.
D) The Spanish supervisory authority is providing a courtesy notification not required under the GDPR.

Question 77

An online company's privacy practices vary due to the fact that it offers a wide variety of services. How could it best address the concern that explaining them all would make the policies incomprehensible?

A) Use a layered privacy notice on its website and in its email communications.
B) Identify uses of data in a privacy notice mailed to the data subject.
C) Provide only general information about its processing activities and offer a toll-free number for more information.
D) Place a banner on its website stipulating that visitors agree to its privacy policy and terms of use by visiting the site.

Question 78

Many businesses print their employees' photographs on building passes, so that employees can be identified by security staff. This is notwithstanding the fact that facial images potentially qualify as biometric data under the GDPR. Why would such practice be permitted?

A) Because use of biometric data to confirm the unique identification of data subjects benefits from an exemption.
B) Because photographs qualify as biometric data only when they undergo a "specific technical processing".
C) Because employees are deemed to have given their explicit consent when they agree to be photographed by their employer.
D) Because photographic ID is a physical security measure which is "necessary for reasons of substantial public interest".

Question 79

Which GDPR principle would a Spanish employer most likely depend upon to annually send the personal data of its employees to the national tax authority?

A) The consent of the employees.
B) The legal obligation of the employer.
C) The legitimate interest of the public administration.
D) The protection of the vital interest of the employees.

Question 80

Under the Data Protection Law Enforcement Directive of the EU, a government can carry out covert investigations involving personal data, as long it is set forth by law and constitutes a measure that is both necessary and what?

A) Prudent.
B) Important.
C) Proportionate.
D) DPA-approved.