IAPP Updated CIPP-E Exam Questions and Answers by usman

According to Article 28(3)(f) of the GDPR, the written agreement between the controller and the processor must include an obligation on the processor to assist the controller in ensuring compliance with the controller’s obligations pursuant to Articles 32 to 36 of the GDPR. These obligations include notifying the supervisory authority and the data subjects about personal data breaches, as well as conducting data protection impact assessments and consulting with the supervisory authority when required. The processor must assist the controller by taking appropriate technical and organisational measures, insofar as this is possible, and considering the nature of the processing and the information available to the processor. References:

GDPR Article 28(3)(f)

CIPP/E Textbook, Chapter 6, Section 6.2.2, page 154

Free CIPP/E Study Guide, page 18

Consent is one of the legal bases for processing personal data under the GDPR, but it must meet certain conditions to be valid. According to Article 4(11) of the GDPR, consent means “any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.” In this scenario, consent would not be considered an adequate legal basis for accessing the party zone, because it is not freely given. Freely given consent means that the data subject has a genuine and free choice to agree or disagree to the processing, and that there is no detriment, coercion, or significant negative consequences if the data subject does not consent. However, in this case, the consent is conditional on accessing the party zone, which is the main purpose of the event. Therefore, the data subject does not have a real choice, and may feel pressured or obliged to consent in order to participate in the event. This violates the principle of free consent, and could invalidate the consent as a legal basis.

References:

•GDPR Article 4 - Definitions1

•GDPR Article 7 - Conditions for consent2

•Guidelines 05/2020 on consent under Regulation 2016/6793

The Convention 108+ is the modernized version of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, which was opened for signature on 10 October 20181. The Convention 108+ aims to reinforce the individuals’ protection, strengthen the implementation of the Convention, and promote it as a universal standard for data protection2. The Convention 108+ reflects the same principles as those enshrined in the EU’s General Data Protection Regulation (GDPR), which applies from 25 May 20183. Therefore, the Convention 108+ and the GDPR are largely consistent and coherent in their provisions and objectives.

However, one of the principles of the Convention 108+ that is not consistent with a principle found in the GDPR is the necessity of the bulk collection of personal data by the government. The Convention 108+ allows for the possibility of bulk collection of personal data by the government for national security purposes, subject to certain safeguards and oversight mechanisms. The GDPR, on the other hand, does not regulate the processing of personal data by the government for national security purposes, as this falls outside the scope of EU law. The GDPR also does not explicitly endorse the bulk collection of personal data by the government, but rather requires that any processing of personal data must be based on a legal basis, respect the principles of data protection, and ensure the rights and freedoms of data subjects. Therefore, the correct answer is C.

References:

Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Convention 108+ and the GDPR

General Data Protection Regulation

[Convention 108+: the consultative committee of the convention for the protection of individuals with regard to the processing of personal data (T-PD) publishes its guidelines on artificial intelligence and data protection]

[Article 3 GDPR – Territorial scope]

[Article 5 GDPR – Principles relating to processing of personal data]

I hope this helps you understand the Convention 108+ and the GDPR better. If you have any other questions, please feel free to ask me. ????

According to Article 46(2)© of the GDPR, standard contractual clauses adopted by a supervisory authority and approved by the Commission pursuant to the examination procedure referred to in Article 93(2) can be used as a legal basis for data transfers to third countries12. This means that, in addition to the European Commission, national data protection authorities can adopt standard contractual clauses, provided that they meet the conditions and requirements set out in the GDPR and obtain the approval of the Commission. The other options are not correct, as approved data controllers, the Council of the European Union and the European Data Protection Supervisor do not have the power to adopt standard contractual clauses under the GDPR. References: CIPP/E Certification - International Association of Privacy Professionals, Free CIPP/E Study Guide - International Association of Privacy Professionals, GDPR - EUR-Lex, Standard Contractual Clauses (SCC) - European Commission

I hope this helps. If you have any other questions, please let me know. ????.