IAPP Updated CIPP-E Exam Questions and Answers by safiyyah

The GDPR requires that data subjects are provided with certain information when their personal data are collected, either from the data subject themselves or from another source12. This information includes, among other things, the identity and contact details of the controller (and, where applicable, of the controller’s representative and the data protection officer), and the purposes of the processing for which the personal data are intended as well as the legal basis for the processing34. This information is necessary to ensure fair and transparent processing of personal data, and to enable data subjects to exercise their rights under the GDPR5. Therefore, option C is the correct answer, as it contains two of the essential pieces of information that must be provided to data subjects before collecting their personal data. Options A, B and D are incorrect, as they do not include all the required information or include information that is not mandatory. References: 1: Article 13 of the GDPR 2: Article 14 of the GDPR 3: Article 13(1)(a) and © of the GDPR 4: Article 14(1)(a) and © of the GDPR 5: Recital 60 of the GDPR

Directive 2002/58/EC, also known as the ePrivacy Directive, regulates the use of electronic communications services within the European Union. It covers issues such as confidentiality of communications, processing of traffic and location data, spam, cookies, and security breaches. It complements and particularises Directive 95/46/EC, also known as the Data Protection Directive, which sets out the general principles for the protection of personal data in the EU. The ePrivacy Directive was amended by Directive 2009/136/EC, which introduced new provisions on consent, cookies, and breach notification. The ePrivacy Directive is currently under review and will be replaced by a new Regulation on Privacy and Electronic Communications (ePrivacy Regulation), which is still being negotiated by the EU institutions. References: Directive 2002/58/EC, Directive 2009/136/EC, [ePrivacy Regulation]

Article 80(1) of the GDPR states that the data subject shall have the right to mandate a not-for-profit body, organisation or association which has been properly constituted in accordance with the law of a Member State, has statutory objectives which are in the public interest, and is active in the field of the protection of data subjects’ rights and freedoms with regard to the protection of their personal data to lodge the complaint on his or her behalf, to exercise the rights referred to in Articles 77, 78 and 79 on his or her behalf, and to exercise the right to receive compensation referred to in Article 82 on his or her behalf1. These not-for-profit bodies, organisations or associations are commonly referred to as civil society organizations, as they represent the interests of citizens and groups in the public sphere2. The other options are not correct because: (A) Law firm organizations are not necessarily not-for-profit or active in the field of data protection; © Human rights organizations are a subset of civil society organizations, but not all civil society organizations are focused on human rights; (D) Constitutional rights organizations are also a subset of civil society organizations, but not all civil society organizations are concerned with constitutional rights. References: 1: Article 80(1) of the GDPR; 2: Free CIPP/E Study Guide, page 48.

According to Article 33 of the GDPR, in the case of a personal data breach, the processor (Provider Y) shall notify the controller (Company X) without undue delay after becoming aware of the breach. The processor does not have the obligation to notify the supervisory authority, the public, or law enforcement, unless otherwise required by law. The controller is responsible for notifying the supervisory authority and, where necessary, the data subjects, unless the breach is unlikely to result in a risk to their rights and freedoms. References:

Article 33 of the GDPR, which regulates the notification of a personal data breach to the supervisory authority.

[Article 34 of the GDPR], which regulates the communication of a personal data breach to the data subject.

ICO guidance, which explains the roles and responsibilities of controllers and processors in relation to data breach notification.