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The CIPP-E Certification is particularly relevant for professionals who work with personal data and are responsible for ensuring compliance with the General Data Protection Regulation (GDPR). GDPR is a regulation that came into effect in May 2018 and is applicable to all organizations that process personal data of EU citizens, regardless of where the organization is located. The regulation has a significant impact on how personal data is collected, processed, stored, and secured, and failure to comply with GDPR can result in severe penalties.

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IAPP Certified Information Privacy Professional/Europe (CIPP/E) Sample Questions (Q169-Q174):

NEW QUESTION # 169
In its Guidelines 01/2021 on Examples regarding Personal Data Breach Notification, the EDPB classifies a ransomware attack as a breach primarily of?

Answer: C

Explanation:
TheEDPB Guidelines 01/2021 on Examples regarding Personal Data Breach Notificationexplicitly classifyransomware incidentsasavailability breacheswhen data becomes encrypted and unavailable to the controller, even if confidentiality is not proven to be affected.
The Guidelines state:
"In a ransomware attack where data is encrypted and the controller no longer has access to the personal data, this constitutes a breach of the availability of personal data. Where the attacker also exfiltrates the data, this would additionally constitute a confidentiality breach." Thus, theprimary classificationof ransomware is anavailability breach. Confidentiality may also be impacted depending on the attack specifics, but the baseline category isavailability.
#Reference:
* EDPB Guidelines 01/2021 on Personal Data Breach Notification Examples, Ransomware scenarios.
* CIPP/E Textbook (3rd ed.), Chapter 10 "Security of Personal Data" (types of data breaches:
confidentiality, integrity, availability)


NEW QUESTION # 170
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?

Answer: B

Explanation:
According to Article 14 of the GDPR, if the controller obtains personal data from other sources, such as third parties or publicly accessible sources, the controller must provide the data subject with the necessary privacy information, such as the identity and contact details of the controller, the purposes and legal basis of the processing, the categories of personal data concerned, the recipients or categories of recipients of the personal data, and the rights of the data subject. The controller must provide this information within a reasonable period after obtaining the personal data, but no later than one month, having regard to the specific circumstances in which the personal data are processed. However, there are some exceptions to this rule, such as if the data subject already has the information, if the provision of the information proves impossible or would involve a disproportionate effort, if the obtaining or disclosure of the data isexpressly laid down by EU or member state law, or if the personal data must remain confidential subject to an obligation of professional secrecy12. References:
* GDPR, Article 14
* Free CIPP/E Study Guide, page 19, section 2.5.1
* CIPP/E Certification, page 14, section 1.2.1
* Art. 14 GDPR - Information to be provided where personal data have not been obtained from the data subject
* Article 14 GDPR - GDPRhub
Reference: https://dataprivacymanager.net/gdpr-exemptions-from-the-obligation-to-provide-information-to- the- individual-data-subject/


NEW QUESTION # 171
To which of the following parties does the territorial scope of the GDPR NOT apply?

Answer: D

Explanation:
The territorial scope of the GDPR is determined by Article 3 of the Regulation, which sets out two main criteria for applying the GDPR to the processing of personal data: the establishment criterion and the targeting criterion. The establishment criterion applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not. The targeting criterion applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to such data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU. In addition, the GDPR applies to the processing of personal data by a controller not established in the EU, but in a place where Member State law applies by virtue of public international law.
Therefore, the territorial scope of the GDPR does not depend on the membership of a country to a particular international agreement or organisation, but on the location and activities of the controller or processor and the data subjects involved in the processing. The Paris Agreement is an international treaty on climate change that aims to limit global warming and reduce greenhouse gas emissions. It does not have any direct or indirect relevance to the GDPR or the protection of personal data. Hence, being a party to the Paris Agreement does not affect the applicability of the GDPR to a country or a controller or processor established in that country.
The other options are incorrect because they are either directly or indirectly related to the GDPR or the protection of personal data. The European Economic Area (EEA) consists of all EU member states plus Iceland, Liechtenstein and Norway. The EEA Agreement allows these three countries to participate in the EU' s internal market and to adopt most of the EU legislation, including the GDPR. Therefore, the GDPR applies to all EEA countries as if they were EU member states. The Treaty of Lisbon is an international agreement that amends the two treaties which form the constitutional basis of the EU. The Treaty of Lisbon introduces several changes to the EU's institutional structure, decision-making process, and policy areas, including the recognition of the Charter of Fundamental Rights of the EU as legally binding. The Charter of Fundamental Rights of the EU includes the right to the protection of personal data as a fundamental right, and provides the legal basis for the GDPR. Therefore, the GDPR applies to all EU member states that are parties to the Treaty of Lisbon. The European Union (EU) is a political and economic union of 27 member states that are located primarily in Europe. The EU has developed an internal single market through a standardised system of laws that apply in all member states, including the GDPR. Therefore, the GDPR applies to all EU member states by virtue of their membership to the EU. References: Art. 3 GDPR - Territorial scope, Guidelines 3/2018 on the territorial scope of the GDPR (Article 3) - version adopted after public consultation, Paris Agreement - Wikipedia, European Economic Area - Wikipedia, Treaty of Lisbon - Wikipedia, European Union - Wikipedia


NEW QUESTION # 172
All of the following will be established by the second Network and Information Security Directive ("NIS2") EXCEPT?

Answer: B

Explanation:
The NIS2 Directive is the EU's legislation on cybersecurity that updates and replaces the previous NIS Directive. It aims to create a high common level of cybersecurity across the EU by setting up legal measures for the security of network and information systems used by essential and important entities in various sectors and by enhancing cooperation among the member states. The NIS2 Directive does not establish a common controls framework that every organization must adopt, but rather allows each member state to define the appropriate security measures and incident reporting requirements for the entities under its jurisdiction, taking into account the specificities of each sector and subsector. However, the NIS2 Directive does provide some general principles and objectives for the security measures, such as proportionality, risk-based approach, state of the art, and regular review and update. The NIS2 Directive also introduces minimum harmonised rules for the supervision and enforcement of the security measures and incident reporting obligations, including the possibility of imposing administrative fines.
Reference:
NIS2 Directive, Articles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14.
The NIS2 Directive: A high common level of cybersecurity in the EU, pages 1, 2, 3, 4, 5, 6, 7, and 8.


NEW QUESTION # 173
A dynamic Internet Protocol (IP) address is considered persona! data when it is combined with what?

Answer: D

Explanation:
A dynamic IP address is a unique numerical label for a device on the internet that changes every time the device connects to the internet. A dynamic IP address by itself is not personal data, as it does not directly identify the person who owns or uses the device. However, a dynamic IP address can become personal data when it is combined with other data held by the controller, such as the web pages accessed by the device, the time and duration of the visit, the location of the device, or the user's preferences and interests. In this case, the controller can use the additional data to identify the data subject, either directly or indirectly, by linking the dynamic IP address to a specific person or a profile. This was confirmed by the Court of Justice of the European Union (CJEU) in the case of Breyer v Bundesrepublik Deutschland, where the CJEU ruled that a dynamic IP address registered by a website provider constitutes personal data in relation to that provider, where the latter has the legal means to obtain the identity of the data subject from the internet service provider (ISP) that assigned the dynamic IP address. Therefore, option B is the correct answer. References: Directive 95
/46/EC, Directive 2002/58/EC, Breyer v Bundesrepublik Deutschland, Case C-582/14, Dynamic IP Addresses can be Personal Data


NEW QUESTION # 174
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