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  1. Home
  2. IAPP Certification
  3. CIPP-E Exam
  4. IAPP.CIPP-E.v2024-03-24.q264 Dumps
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Question 62

Read the following steps:
Discover which employees are accessing cloud services and from which devices and apps Lock down the data in those apps and devices Monitor and analyze the apps and devices for compliance Manage application life cycles Monitor data sharing An organization should perform these steps to do which of the following?

Correct Answer: B
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Question 63

Pursuant to Article 4(5) of the GDPR, data is considered "pseudonymized" if?

Correct Answer: A
Reference https://dataprivacymanager.net/pseudonymization-according-to-the-gdpr/
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Question 64

SCENARIO
Please use the following to answer the next question:
Financially, it has been a very good year at ARRA Hotels: Their 21 hotels, located in Greece (5), Italy (15) and Spain (1), have registered their most profitable results ever. To celebrate this achievement, ARRA Hotels' Human Resources office, based in ARRA's main Italian establishment, has organized a team event for its 420 employees and their families at its hotel in Spain.
Upon arrival at the hotel, each employee and family member is given an electronic wristband at the reception desk. The wristband serves a number of functions:
. Allows access to the "party zone" of the hotel, and emits a buzz if the user approaches any unauthorized areas
. Allows up to three free drinks for each person of legal age, and emits a buzz once this limit has been reached
. Grants a unique ID number for participating in the games and contests that have been planned.
Along with the wristband, each guest receives a QR code that leads to the online privacy notice describing the use of the wristband. The page also contains an unchecked consent checkbox. In the case of employee family members under the age of 16, consent must be given by a parent.
Among the various activities planned for the event, ARRA Hotels' HR office has autonomously set up a photocall area, separate from the main event venue, where employees can come and have their pictures taken in traditional carnival costume.
The photos will be posted on ARRA Hotels' main website for general marketing purposes.
On the night of the event, an employee from one of ARRA's Greek hotels is displeased with the results of the photos in which he appears. He intends to file a complaint with the relevant supervisory authority in regard to the following:
. The lack of any privacy notice in the separate photocall area
The unlawful cross-border processing of his personal data
. The unacceptable aesthetic outcome of his photos
Why would consent NOT be considered an adequate legal basis for accessing the party zone?

Correct Answer: C
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.
Reference:
* GDPR Article 4 - Definitions1
* GDPR Article 7 - Conditions for consent2
* Guidelines 05/2020 on consent under Regulation 2016/6793
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Question 65

The Planet 49 CJEU Judgement applies to?

Correct Answer: C
Reference:
The Planet 49 CJEU Judgement applies to cookies regardless of whether the data accessed is personal or not. The Court of Justice of the European Union (the 'CJEU') delivered this judgement on 1 October 2019, in response to a request for a preliminary ruling from the German Federal Court of Justice (the 'Bundesgerichtshof') . The case concerned the validity of consent for the use of cookies and similar technologies under the e-Privacy Directive and the GDPR.
The CJEU ruled that Article 5 (3) of the e-Privacy Directive, which requires consent for the storage of, or access to, information stored in the user's terminal equipment, applies to any information installed or accessed from an individual's device, regardless of whether it constitutes personal data or not. The Court reasoned that the aim of the provision is to protect the user from interference with his or her private sphere, which may occur irrespective of the nature of the information stored or accessed. Therefore, the consent requirement applies to all cookies and similar technologies, except for those that are strictly necessary for the provision of a service explicitly requested by the user.
The CJEU also clarified that the consent required for cookies under the e-Privacy Directive must comply with the standard of consent under the GDPR, which means that it must be freely given, specific, informed and unambiguous, and given by a clear affirmative action. The Court held that a pre-ticked checkbox does not constitute valid consent, as it does not imply active behaviour by the user. The Court also stated that the user must be provided with clear and comprehensive information about the cookies, including their duration and whether third parties will have access to them. Reference:
Planet 49 Judgment - takeaways for Cookie Monsters
The Planet 49 decision: Implications for organisations that use cookies CURIA - List of results
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Question 66

What is true if an employee makes an access request to his employer for any personal data held about him?

Correct Answer: D
According to the UK GDPR, employees have the right to access and receive a copy of their personal data, and other supplementary information, from their employer. This is known as a data subject access request (DSAR). Employers must respond to a DSAR without delay and within one month of receipt of the request, unless the request is complex or excessive. Employers should perform a reasonable search for the requested information and provide it in an accessible, concise and intelligible format. Employers can only refuse to provide the information if an exemption or restriction applies, or if the request is manifestly unfounded or excessive. Some of the exemptions that may apply in the employment context are: legal privilege, management forecasting, confidential references, negotiations, regulatory functions, and criminal convictions and offences. Employers should disclose the information securely and inform the employee of their rights and the source of the data. Reference:
Right of access | ICO
Subject access request Q and As for employers | ICO
Data Subject Access Request (Employers' Guide) | DavidsonMorris
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