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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 107

Which of the following was the first legally binding international instrument in the area of data protection?

Correct Answer: A
Reference:
Convention 108, also known as the "Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data" was adopted by the Council of Europe in 1981. It was the first legally binding international instrument on data protection and required signatories to take steps in their domestic legislation to apply the principles it lays down in order to ensure respect in their territory for the fundamental human rights of all individuals with regard to processing of personal data1. The Convention covers both the public and private sectors, and applies to any type of data processing, whether automated or not. The Convention also provides for the establishment of independent supervisory authorities and the facilitation of transborder data flows2.
The other options are incorrect because:
B) The General Data Protection Regulation (GDPR) is a regulation of the European Union that came into force in 2018. It is not the first legally binding international instrument on data protection, but rather a successor of the EU Directive 95/46/EC, which was adopted in 1995 and implemented by the EU member states in their national laws3.
C) The Universal Declaration of Human Rights (UDHR) is a resolution of the United Nations General Assembly that was adopted in 1948. It is not a legally binding international instrument, but rather a declaration of common principles and values that guide the development of human rights law. The UDHR does not explicitly mention data protection, but rather recognizes the right to privacy as a fundamental human right in Article 124.
D) The EU Directive on Privacy and Electronic Communications (e-Privacy Directive) is a directive of the European Union that was adopted in 2002 and amended in 2009. It is not the first legally binding international instrument on data protection, but rather a specific instrument that complements the EU Directive 95/46/EC and the GDPR by providing additional rules for the protection of personal data in the context of electronic communications services5.
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Question 108

Which of the following would require designating a data protection officer?

Correct Answer: A
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Question 109

SCENARIO
Please use the following to answer the next question:
ABC Hotel Chain and XYZ Travel Agency are U.S.-based multinational companies. They use an internet-based common platform for collecting and sharing their customer data with each other, in order to integrate their marketing efforts. Additionally, they agree on the data to be stored, how reservations will be booked and confirmed, and who has access to the stored data.
Mike, an EU resident, has booked travel itineraries in the past through XYZ Travel Agency to stay at ABC Hotel Chain's locations. XYZ Travel Agency offers a rewards program that allows customers to sign up to accumulate points that can later be redeemed for free travel. Mike has signed the agreement to be a rewards program member.
Now Mike wants to know what personal information the company holds about him. He sends an email requesting access to his data, in order to exercise what he believes are his data subject rights.
What are ABC Hotel Chain and XYZ Travel Agency's roles in this relationship?

Correct Answer: D
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Question 110

As a Data Protection Officer for a small bank in the European Union, you receive a data subject access request from one of your customers. The customer provides you with his name, and has used the email address registered in your system.
What would be the most appropriate way to confirm the identity of the customer?

Correct Answer: B
According to the CIPP/E study guide, data controllers should use the least intrusive means of verifying the identity of data subjects who make requests under the GDPR. Asking for a copy of an ID document or a bank account statement may be disproportionate and excessive, as they contain more personal data than necessary for authentication. Asking for the bank account number may not be sufficient, as it may be easily obtained by third parties. Therefore, the most appropriate way to confirm the identity of the customer is to ask additional security questions that only the customer would know, such as the date of the last transaction, the amount of the last deposit, or the name of the beneficiary of a recurring payment.
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Question 111

In the Planet 49 case, what was the man judgement of the Coon of Justice of the European Union (CJEU) regarding the issue of cookies?

Correct Answer: B
According to the CJEU, the ePrivacy Directive does not define the concept of consent, but refers to the GDPR for its interpretation1. Therefore, the GDPR standard of consent applies to the use of cookies and similar technologies that require consent under the ePrivacy Directive. The GDPR defines consent as 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 her2. The CJEU also clarified that the consent requirements apply regardless of whether the cookies constitute personal data or not, as the ePrivacy Directive covers any information stored or accessed on the user's device1. The other options are incorrect, as the CJEU ruled that pre-checked boxes, implicit consent by scrolling, and insufficient information on the cookies do not meet the GDPR standard of consent1. Reference:
Free CIPP/E Study Guide, page 14, section 2.3
GDPR, Article 4 (11)
ePrivacy Directive, Article 5 (3)
Planet49: CJEU Rules on Cookie Consent
CURIA - List of results
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