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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q194-Q199):

NEW QUESTION # 194
A data controller appoints a data protection officer. Which of the following conditions would NOT result in an infringement of Articles 37 to 39 of the GDPR?

Answer: C


NEW QUESTION # 195
When hiring a data processor, which action would a data controller NOT be able to depend upon to avoid liability in the event of a security breach?

Answer: B

Explanation:
The GDPR imposes several obligations on data controllers when they engage data processors to process personal data on their behalf. One of these obligations is to ensure that the contract or other legal act between the controller and the processor stipulates that the processor must assist the controller in complying with its obligations under the GDPR, including the obligation to notify personal data breaches to the competent supervisory authority and, where applicable, to the affected data subjects1. However, this does not mean that the processor can directly notify the supervisory authority without the involvement of the controller. The GDPR clearly states that it is the controller's responsibility to notify the supervisory authority without undue delay and, where feasible, not later than 72 hours after having become aware of the breach2. The processor must only notify the controller without undue delay after becoming aware of the breach3. Therefore, requiring that the processor directly notify the appropriate supervisory authority is not an action that a data controller can depend upon to avoid liability in the event of a security breach, as it would be contrary to the GDPR and the controller's own obligation. Options A, B and D are actions that a data controller can take to reduce the risk of liability, as they demonstrate that the controller has exercised due diligence, assessed the potential impact of outsourcing, and chosen a reliable and compliant processor. Reference: 1: Article 28(3)(f) of the GDPR 2: Article 33(1) of the GDPR 3: Article 33(2) of the GDPR


NEW QUESTION # 196
According to the European Data Protection Board, which of the following concepts or practices does NOT follow from the principles relating to the processing of personal data under EU data protection law?

Answer: B

Explanation:
According to the European Data Protection Board, the principles relating to the processing of personal data under EU data protection law are: lawfulness, fairness and transparency; purpose limitation; data minimization; accuracy; storage limitation; integrity and confidentiality; and accountability1. These principles imply certain concepts or practices that data controllers and processors should follow, such as access control management, frequent pseudonymization key rotation, and error propagation avoidance along the processing chain2. However, data ownership allocation is not a concept or practice that follows from these principles, as the GDPR does not recognize the notion of data ownership by either the data subject or the data controller3.
Therefore, option A is the correct answer. References:
* Data protection basics
* Guidelines 2/2019 on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects
* CIPP/E Study Guide, page 11


NEW QUESTION # 197
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: C

Explanation:
Reference https://gdpr-info.eu/art-21-gdpr/


NEW QUESTION # 198
Which EU institution is vested with the competence to propose new data protection legislation on its own initiative?

Answer: C

Explanation:
According to the CIPP/E study guide1, the European Commission is the EU institution that has the power to propose new data protection legislation on its own initiative, as well as amend or repeal existing laws. The European Commission is also responsible for implementing and enforcing the EU data protection framework, in cooperation with other institutions and national authorities.
References: 1: Free CIPP/E Study Guide - International Association of Privacy Professionals Reference: https://www.tandfonline.com/doi/full/10.1080/13600834.2019.1573501


NEW QUESTION # 199
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