Pass the IAPP Certified Information Privacy Professional CIPP-E Questions and answers with ExamsMirror

The aim of the European Data Protection Directive 95/46/EC was to establish a common legal framework for the protection of personal data within the European Union, and to ensure the free movement of such data within the internal market. The Directive was based on the recognition that the processing of personal data affects the fundamental rights and freedoms of individuals, especially their right to privacy, and that these rights need to be respected and safeguarded. At the same time, the Directive acknowledged that the free flow of personal data is essential for the economic and social development of the EU, and that the harmonization of data protection laws would facilitate the exchange of information and the provision of services across the member states. Therefore, the Directive aimed to strike a balance between the protection of individuals’ rights and the promotion of the internal market, by laying down the key principles, obligations and rights for the processing of personal data, and by providing mechanisms for cooperation and coordination among the national data protection authorities. References: Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Data Protection Directive - Wikipedia

The GDPR requires that the information provided to data subjects about the processing of their personal data must be concise, transparent, intelligible and easily accessible, using clear and plain language1. However, this can be challenging when the processing activities are complex, diverse or voluminous. Therefore, a good practice is to use a layered privacy notice, which consists of providing a short notice with the key elements of the privacy information, such as the identity of the controller, the purposes and legal basis of the processing, the recipients of the data, the data subject’s rights, and the contact details of the data protection officer or the supervisory authority. The short notice can then contain links to more detailed information, either by expanding each section or by directing the user to a separate page or document. This way, the user can easily access the information that is most relevant or important to them, without being overwhelmed by a long and complex notice23. A layered privacy notice can be used on websites, in emails, in mobile apps, or in any other medium where space or attention span is limited4. References: 1 Art. 12 GDPR – Transparent information, communication and modalities for the exercise of the rights of the data subject - General Data Protection Regulation (GDPR)2 Layered Notice - International Association of Privacy Professionals3 What methods can we use to provide privacy information? | ICO. 4 Layered Notice - West Virginia.

The reason why the consent provided by Ms. Iman would not be considered valid in regard to JaphSoft is not because she did not provide her consent for her personal data to be shared with EcoMick, but because she was not told which controller would be processing her personal data. JaphSoft is a controller, as it determines the purpose and means of the processing of personal data, which is to improve its marketing optimization models and to provide better services to its customers. JaphSoft does not act only on the instructions of Liem and EcoMick, who are the original controllers of the personal data, but rather uses the data for its own benefit and interest. Therefore, JaphSoft should have obtained a separate consent from Ms. Iman, or relied on another lawful basis, such as legitimate interest, to process her personal data. Ms. Iman only gave consent to Liem, not to JaphSoft, and she was not informed that her personal data would be shared with or processed by another controller.

The right of access is one of the fundamental rights of data subjects under the GDPR. It allows data subjects to obtain from the controller confirmation as to whether or not personal data concerning them are being processed, and, where that is the case, access to the personal data and certain information about the processing. The controller must provide a copy of the personal data undergoing processing to the data subject, unless the data subject requests otherwise. The right of access is not absolute and may be subject to limitations, restrictions or exceptions, in accordance with the GDPR and the national laws of the member states.

The EDPB has issued draft guidelines on the right of access, which provide more detailed guidance on how to handle data subject access requests and what are the possible grounds for refusing to provide a copy of the personal data. According to the draft guidelines, the controller can refuse to provide a copy of the personal data in the following situations:

If the data subject access request was sent to an employee that is not involved in the processing of such requests. In this case, the controller must inform the data subject of the appropriate contact point for submitting the request and must not consider the request as received until it reaches the designated person or unit. This does not mean that the controller can ignore or delay the request, but rather that the controller must ensure that the request is forwarded to the responsible person or unit as soon as possible.

If there is such a large amount of data that the controller cannot identify the data subject of the request. In this case, the controller can ask the data subject to provide additional information to enable the identification of the data subject, such as a unique identifier, a reference number, a specific time period, a location or a context of the processing. The controller must not ask for more information than is necessary and must not use the information for any other purpose than verifying the identity of the data subject.

If the personal data was processed in the past but is no longer at the controller’s disposal at the time of the request. In this case, the controller must inform the data subject that the personal data are no longer available and explain the reasons why the personal data have been erased, anonymised, archived or otherwise disposed of. The controller must also provide the data subject with any relevant information about the retention period, the archiving policy, the anonymisation process or the disposal method of the personal data.

The controller cannot refuse to provide a copy of the personal data in the following situation:

If the controller is unable to use end-to-end encrypted emails for responding to such requests. In this case, the controller must still provide a copy of the personal data to the data subject, but must ensure that the communication is secure and that the personal data are protected from unauthorised or unlawful access, disclosure, alteration or destruction. The controller can use alternative means of communication, such as secure online platforms, password-protected files, encrypted devices or postal mail, depending on the preferences and circumstances of the data subject. The controller must also inform the data subject of the risks involved in the chosen communication method and obtain the data subject’s consent before sending the personal data.

References:

GDPR, Articles 12, 13, 14, 15, 23 and 34.

EDPB Guidelines 01/2022 on data subject rights - Right of access Version 2, pages 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16.

According to the GDPR, personal data means any information relating to an identified or identifiable natural person1. Body temperature is a type of personal data that can reveal information about an individual’s health and therefore constitutes special category data under Article 9 of the GDPR2. However, not every activity involving personal data falls within the scope of the GDPR. The GDPR applies only to the processing of personal data wholly or partly by automated means or to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system3.

In this scenario, the organization conducts body temperature checks as a part of COVID-19 monitoring. Body temperature is measured manually and is not followed by registration, documentation or other processing of an individual’s personal data. This means that the organization does not use any automated means to collect, store, or process the body temperature data, nor does it create or intend to create a filing system that contains such data. Therefore, this practice does not involve any processing of personal data within the meaning of the GDPR and is not subject to its rules and obligations.

The other options are incorrect because:

A. Body temperature is considered personal data, as it can be linked to an identifiable natural person and reveal information about their health2.

C. Body temperature is not considered pseudonymous data, as it is not processed in a way that the data can no longer be attributed to a specific data subject without the use of additional information4.

D. The practice is not for the purpose of alleviating extreme risks to public health, as it is not based on any legal obligation, public interest, or vital interest that would justify the processing of special category data under Article 9 of the GDPR5.

References: 1 Article 4(1) of the GDPR2 Policy Brief: Location Data Under Existing Privacy Laws | FPF23 Article 2(1) of the GDPR4 Article 4(5) of the GDPR5 Article 9(2) of the GDPR.

 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.

References: GDPR Article 4(11), GDPR Article 6(1)(a), GDPR Article 7, GDPR Recital 32, GDPR Recital 47, GDPR for Marketing: The Definitive Guide for 2023 - SuperOffice, A Guide to GDPR Compliance for Email Marketers in 2023

 According to the EDPB guidelines on the concepts of controller and processor in the GDPR1, joint controllers are entities that jointly determine the purposes and means of the processing of personal data. Joint controllership can result from a common decision or from converging decisions that are necessary for the processing to take place. Joint controllers must have a transparent arrangement that sets out their respective roles and responsibilities, and must ensure that individuals can exercise their rights against each controller. In this scenario, Gellcoat and Freifish are joint controllers with respect to the personal data related to the event, because they both decided to share data from their client databases, to come up with a list of people to invite, to agree on the content of the invitations, and to build an app to gather feedback. These decisions are joint and inseparable, and they have a tangible impact on the determination of the purposes and means of the processing. However, Gellcoat and Freifish are separate controllers for their other purposes, such as maintaining their own client databases, marketing their own products, or complying with their own legal obligations. These purposes are independent and separate from the joint purpose of organizing the event. Therefore, option A is the correct answer. Option B is incorrect because joint controllership does not depend on the merging of databases or the ownership of data, but on the joint determination of purposes and means. Option C is incorrect because joint controllership does not require a written designation in a contract, but can be inferred from the factual circumstances. Option D is incorrect because separate controllers and processors have different roles and responsibilities under the GDPR, and Gellcoat and Freifish do not act as processors for each other. References:

Guidelines 07/2020 on the concepts of controller and processor in the GDPR

What does it mean if you are joint controllers?

What’s New in the EDPB’s Draft Guidelines on Controllers and Processors under the GDPR

According to the EDPB Guidelines 8/2022, the lead supervisory authority of a controller is the supervisory authority of the main or single establishment of the controller in the EEA. The main establishment is the place where the controller has its place of central administration in the EEA, unless decisions on the purposes and means of the processing are taken in another establishment in the EEA, and that establishment has the power to implement those decisions. The controller must be able to demonstrate that such an establishment exists. The supervisory authority of the main establishment is the lead supervisory authority, regardless of what the controller has identified as the authority to which data subjects can lodge complaints. Therefore, criterion C is not relevant for identifying the lead supervisory authority of a controller.

References: EDPB Guidelines 8/2022 on identifying a controller or processor’s lead supervisory authority123, paragraphs 19-24.