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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 152

Under what circumstances might the "soft opt-in" rule apply in relation to direct marketing?

Correct Answer: B
The "soft opt-in" rule is an exception to the general requirement of obtaining consent before sending electronic mail marketing to individuals. It applies when the following conditions are met12:
the sender has obtained the contact details of the recipient in the context of the sale or negotiations for the sale of a product or service to that recipient; the sender only sends direct marketing relating to its own similar products or services; and the recipient has been given a simple opportunity to refuse or opt out of the marketing, both when the details were initially collected and in every subsequent message.
The option B matches these conditions, as it implies that the individual has shown an interest in buying a product from the sender, and that the sender can use the individual's details to send marketing about similar products, as long as the individual can easily opt out. The other options do not qualify for the "soft opt-in" rule, as they either involve no consent, no prior relationship, or no opt-out mechanism. Reference: Electronic mail marketing | ICO, Direct marketing rules and exceptions under the GDPR
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Question 153

In which scenario is a Controller most likely required to undertake a Data Protection Impact Assessment?

Correct Answer: B
According to the GDPR, a data protection impact assessment (DPIA) is a process to help identify and minimize the data protection risks of a project. A DPIA is required when the processing is likely to result in a high risk to the rights and freedoms of natural persons, taking into account the nature, scope, context and purposes of the processing. The GDPR provides a list of examples of processing operations that require a DPIA, such as:
Systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person.
Processing on a large scale of special categories of data or of personal data relating to criminal convictions and offences.
Systematic monitoring of a publicly accessible area on a large scale.
Therefore, an example of a scenario where a controller is most likely required to undertake a DPIA is when personal data is being collected and combined with other personal data to profile the creditworthiness of individuals, as this involves a systematic and extensive evaluation of personal aspects based on automated processing and profiling, and may have significant effects on the individuals. The other scenarios are not necessarily indicative of a high risk to the rights and freedoms of natural persons, and do not fall under the examples of processing operations that require a DPIA provided by the GDPR. Reference: Free CIPP/E Study Guide, page 37; CIPP/E Certification, page 18; GDPR, Article 35, Recital 91.
Reference:
%20the%20General,and%20freedoms%20of%20natural%20persons%27.
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Question 154

What is a reason the European Court of Justice declared the Data Retention Directive invalid in 2014?

Correct Answer: D
Reference https://www.loc.gov/law/help/eu-data-retention-directive/eu.php#:~:text=In%20April%202014%2C
%20the%20Grand,proportionality%20in%20forging%20the%20Directive.
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Question 155

SCENARIO
Please use the following to answer the next question:
Sandy recently joined Market4U, an advertising technology company founded in 2016, as their VP of Privacy and Data Governance. Through her first initiative in conducting a data inventory, Sandy learned that Market4U maintains a list of 19 million global contacts that were collected throughout the course of Market4U's existence. Knowing the risk of having such a large amount of data, Sandy wanted to purge all contacts that were entered into Market4U's systems prior to May 2018, unless such contacts had a more recent interaction with Market4U content. However, Dan, the VP of Sales, informed Sandy that all of the contacts provide useful information regarding successful marketing campaigns and trends in industry verticals for Market4U's clients.
Dan also informed Sandy that he had wanted to focus on gaining more customers within the sports and entertainment industry. To assist with this behavior, Market4U's marketing team decided to add several new fields to Market4U's website forms, including forms for downloading white papers, creating accounts to participate in Market4U's forum, and attending events. Such fields include birth date and salary.
What should Sandy give as feedback to Dan and the marketing team regarding the new fields Dan wants to add to Market4U's forms?

Correct Answer: D
Sandy should give this feedback to Dan and the marketing team, as it reflects the principle of data minimization, which requires that personal data collected must be adequate, relevant and limited to what is necessary for the purposes of the processing1. Collecting birth date and salary information from customers who want to download white papers or register for events is not necessary for those purposes, and may pose risks for data protection and security. Moreover, such information may fall under the category of special data, which requires explicit consent from the data subjects and can only be processed under certain conditions2. The other options do not comply with the principle of data minimization, as they still involve collecting more data than needed, even if they are optional or in brackets. Reference:
Free CIPP/E Study Guide, page 23, section 3.1
CIPP/E Certification, page 18, section 3.1
The Ultimate CIPP/E Study Guide for 2023, page 16, section 3.1
Principles - General Data Protection Regulation (GDPR), Article 5
Special categories of personal data - General Data Protection Regulation (GDPR), Article 9
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Question 156

What is one major goal that the OECD Guidelines, Convention 108 and the Data Protection Directive (Directive 95/46/EC) all had in common but largely failed to achieve in Europe?

Correct Answer: C
Reference https://ico.org.uk/media/about-the-ico/documents/1042349/review-of-eu-dp-directive.pdf (99)
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