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Certified Information Privacy Professional/Europe (CIPP/E) 認證考試是一個全球認可的資格,針對工作於歐洲聯盟內的資料保護和隱私法律專業人員。CIPP/E 認證是由國際隱私專業人員協會 (IAPP) 提供,該協會是世界上最大的隱私專業人員協會。CIPP/E 認證旨在為希望展示其對 GDPR (一般資料保護規則) 和其他歐盟資料保護法律的認識和理解的人士設計。
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問題 #155
According to Art 23 GDPR, which of the following data subject rights can NOT be restricted?
答案:A
解題說明:
According to Article 23 of the GDPR, the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22, may be restricted by a legislative measure of a Member State or the Union, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard certain public interests or the rights and freedoms of others1. However, Article 23 does not include Article 77, which grants the data subject the right to lodge a complaint with a supervisory authority if the data subject considers that the processing of personal data relating to him or her infringes the GDPR2. Therefore, this right cannot be restricted by any legislative measure, as it is essential for the effective judicial protection of the data subject and the enforcement of the GDPR3. Reference:
Free CIPP/E Study Guide, page 14, section 2.3
GDPR, Article 77
GDPR, Article 23
Guidelines on restrictions of data subject rights under Art. 23 of the GDPR, page 4, section 2 Statement on restrictions on data subject rights in connection to the COVID-19 pandemic, page 2, section 2
問題 #156
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
Which of the following principles has likely been violated in the processing of the photocall photos containing personal data?
答案:D
問題 #157
Please use the following to answer the next question:
ProStorage is a multinational cloud storage provider headquartered in the Netherlands. Its CEO. Ruth Brown, has developed a two-pronged strategy for growth: 1) expand ProStorage s global customer base and 2) increase ProStorage's sales force by efficiently onboarding effective teams. Enacting this strategy has recently been complicated by Ruth's health condition, which has limited her working hours, as well as her ability to travel to meet potential customers. ProStorage's Human Resources department and Ruth's Chief of Staff now work together to manage her schedule and ensure that she is able to make all her medical appointments The latter has become especially crucial after Ruth's last trip to India, where she suffered a medical emergency and was hospitalized m New Delhi Unable to reach Ruths family, the hospital reached out to ProStorage and was able to connect with her Chief of Staff, who in coordination with Mary, the head of HR. provided information to the doctors based on accommodate on requests Ruth made when she started a: ProStorage Why is the additional measure recommended by Jackie sufficient foe using UpFinance?
答案:B
問題 #158
SCENARIO
Please use the following to answer the next question:
Javier is a member of the fitness club EVERFIT. This company has branches in many EU member states, but for the purposes of the GDPR maintains its primary establishment in France. Javier lives in Newry, Northern Ireland (part of the U.K.), and commutes across the border to work in Dundalk, Ireland. Two years ago while on a business trip, Javier was photographed while working out at a branch of EVERFIT in Frankfurt, Germany. At the time, Javier gave his consent to being included in the photograph, since he was told that it would be used for promotional purposes only. Since then, the photograph has been used in the club's U.K. brochures, and it features in the landing page of its U.K. website. However, the fitness club has recently fallen into disrepute due to widespread mistreatment of members at various branches of the club in several EU member states. As a result, Javier no longer feels comfortable with his photograph being publicly associated with the fitness club.
After numerous failed attempts to book an appointment with the manager of the local branch to discuss this matter, Javier sends a letter to EVETFIT requesting that his image be removed from the website and all promotional materials. Months pass and Javier, having received no acknowledgment of his request, becomes very anxious about this matter. After repeatedly failing to contact EVETFIT through alternate channels, he decides to take action against the company.
Javier contacts the U.K. Information Commissioner's Office ('ICO' - the U.K.'s supervisory authority) to lodge a complaint about this matter. The ICO, pursuant to Article 56 (3) of the GDPR, informs the CNIL (i.e. the supervisory authority of EVERFIT's main establishment) about this matter. Despite the fact that EVERFIT has an establishment in the U.K., the CNIL decides to handle the case in accordance with Article 60 of the GDPR.
The CNIL liaises with the ICO, as relevant under the cooperation procedure. In light of issues amongst the supervisory authorities to reach a decision, the European Data Protection Board becomes involved and, pursuant to the consistency mechanism, issues a binding decision.
Additionally, Javier sues EVERFIT for the damages caused as a result of its failure to honor his request to have his photograph removed from the brochure and website.
Under the cooperation mechanism, what should the lead authority (the CNIL) do after it has formed its view on the matter?
答案:A
問題 #159
An organization receives a request multiple times from a data subject seeking to exercise his rights with respect to his own personal dat a. Under what condition can the organization charge the data subject a fee for processing the request?
答案:C
解題說明:
Reference:
According to the GDPR, data subjects have the right to access, rectify, erase, restrict, port and object to the processing of their personal data. These rights are not absolute and may be subject to limitations and conditions. One of these conditions is that the controller may charge a reasonable fee for the administrative costs of complying with the request if it is manifestly unfounded or excessive, in particular because of its repetitive character (Art 12(5) of GDPR). The controller has the burden of proving the manifestly unfounded or excessive character of the request. The fee must not exceed the actual costs incurred by the controller and must not prevent the exercise of the data subject's rights. Reference:
GDPR, Art 12(5)
Free CIPP/E Study Guide, p. 13
European Data Protection Law & Practice, p. 121
問題 #160
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