CIPP-E Exam Dumps - IAPP Certified Information Privacy Professional Questions and Answers

 According to the EDPB guidelines on the concepts of controller and processor in the GDPR1, joint controllers are entities that jointly determine the purposes and means of the processing of personal data. Joint controllership can result from a common decision or from converging decisions that are necessary for the processing to take place. Joint controllers must have a transparent arrangement that sets out their respective roles and responsibilities, and must ensure that individuals can exercise their rights against each controller. In this scenario, Gellcoat and Freifish are joint controllers with respect to the personal data related to the event, because they both decided to share data from their client databases, to come up with a list of people to invite, to agree on the content of the invitations, and to build an app to gather feedback. These decisions are joint and inseparable, and they have a tangible impact on the determination of the purposes and means of the processing. However, Gellcoat and Freifish are separate controllers for their other purposes, such as maintaining their own client databases, marketing their own products, or complying with their own legal obligations. These purposes are independent and separate from the joint purpose of organizing the event. Therefore, option A is the correct answer. Option B is incorrect because joint controllership does not depend on the merging of databases or the ownership of data, but on the joint determination of purposes and means. Option C is incorrect because joint controllership does not require a written designation in a contract, but can be inferred from the factual circumstances. Option D is incorrect because separate controllers and processors have different roles and responsibilities under the GDPR, and Gellcoat and Freifish do not act as processors for each other. References:

Guidelines 07/2020 on the concepts of controller and processor in the GDPR

What does it mean if you are joint controllers?

What’s New in the EDPB’s Draft Guidelines on Controllers and Processors under the GDPR

According to Article 46(2)© of the GDPR, standard contractual clauses adopted by a supervisory authority and approved by the Commission pursuant to the examination procedure referred to in Article 93(2) can be used as a legal basis for data transfers to third countries12. This means that, in addition to the European Commission, national data protection authorities can adopt standard contractual clauses, provided that they meet the conditions and requirements set out in the GDPR and obtain the approval of the Commission. The other options are not correct, as approved data controllers, the Council of the European Union and the European Data Protection Supervisor do not have the power to adopt standard contractual clauses under the GDPR. References: CIPP/E Certification - International Association of Privacy Professionals, Free CIPP/E Study Guide - International Association of Privacy Professionals, GDPR - EUR-Lex, Standard Contractual Clauses (SCC) - European Commission

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 The accountability principle found in Article 5, Section 2 of the GDPR requires data controllers to take responsibility for complying with the GDPR and to be able to demonstrate their compliance1. This means that data controllers must implement appropriate technical and organisational measures to ensure and show that they process personal data in accordance with the GDPR2. One of the measures that can demonstrate compliance with the accountability principle is conducting regular audits of the data protection program. Audits are systematic and independent assessments of the data processing activities and the data protection policies and procedures of an organisation3. They can help to identify and address any gaps or risks in the data protection program, as well as to verify the effectiveness and efficiency of the data protection measures3. Audits can also provide evidence of compliance to the supervisory authorities and the data subjects, as well as to enhance the trust and reputation of the organisation3. Therefore, conducting regular audits of the data protection program is a way to demonstrate compliance with the accountability principle. References: 1: CIPP/E study guide, page 15; Art. 5 GDPR; Accountability principle | ICO2: CIPP/E study guide, page 16; Art. 24 GDPR; [Guide to accountability and governance | ICO]3: CIPP/E study guide, page 91; [Auditing | ICO]; [GDPR Audits: What You Need to Know - IT Governance Blog].

According to Articles 33 and 34 of the GDPR, the Gummy Bear Company potentially violated its breach notification obligations by allowing Sam to copy and use the personal data of its customers in Ireland without their consent or authorization. A personal data breach is defined as a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed (Article 4(12)). The Gummy Bear Company, as a data controller, is required to notify the competent supervisory authority of the personal data breach without undue delay and, where feasible, not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons (Article 33(1)). The notification should include the nature of the personal data breach, the categories and approximate number of data subjects and personal data records concerned, the likely consequences of the personal data breach, and the measures taken or proposed to address the personal data breach (Article 33(3)). The Gummy Bear Company is also required to communicate the personal data breach to the affected data subjects without undue delay, if the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons (Article 34(1)). The communication should describe the nature of the personal data breach and the measures taken or proposed to address the personal data breach (Article 34(2)).

Therefore, the Gummy Bear Company should analyze and evaluate all of its breach notification obligations, taking into account the nature and circumstances of the personal data breach, the type and sensitivity of the personal data involved, the potential impact and harm to the data subjects, and the applicable laws and regulations of the jurisdictions where the data subjects reside. The Gummy Bear Company should also document the personal data breach and the remedial actions taken, and cooperate with the supervisory authorities and the data subjects as required by the GDPR.

References: GDPR, Articles 4(12), 33, 341; EDPB Guidelines 01/2021 on Examples regarding Data Breach Notification2

ISO 31700 is an international standard that provides high-level requirements and recommendations for organizations that use privacy by design (PbD) in the development, maintenance and operation of consumer goods and services. PbD is a concept that aims to integrate privacy into products, services and systems by default, following seven main principles: proactive not reactive, privacy as the default, privacy embedded into design, full functionality, end-to-end security, visibility and transparency, and respect for user privacy. PbD is also a legal requirement under many prominent privacy regulations across the world, such as the GDPR. ISO 31700 is based on a consumer-centric approach, where the consumer’s privacy rights and preferences are placed at the center of product development and operation.

References: Meet the new ISO 31700 standard for Privacy by Design (PbD); 7 Steps to Comply with ISO 31700-1:2023; Privacy by Design: Embracing ISO 31700-1:2023’s Consumer Protection Guidelines.

Hello, this is Bing. I can help you with your question by providing you with some relevant information from the web. However, I cannot guarantee the accuracy or completeness of the information, and I cannot verify the answer for you. You should always consult the official sources and documents for the CIPP/E certification exam.

Based on my web search results, the most likely answer is B. E-Privacy Directive 2002/58/EC. Here is a summary of why:

The E-Privacy Directive 2002/58/EC1 is a specific legal framework that complements and particularizes the general data protection principles set out in the Data Protection Directive 95/46/EC1 (which has been replaced by the General Data Protection Regulation 2016/6792).

The E-Privacy Directive 2002/58/EC1 covers the processing of personal data and the protection of privacy in the electronic communications sector, including the use of cookies and similar technologies3.

Article 5.3 of the E-Privacy Directive 2002/58/EC1 states that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information14.

Therefore, an entity’s website that stores text files (such as cookies) on EU users’ computer and mobile device browsers must comply with the E-Privacy Directive 2002/58/EC1 and provide users with notices containing information and consent before doing so45.

Under Article 9 of the GDPR, processing of special category data (e.g., ethnicity, health data) is prohibited unless an exception applies​.

Why is C the correct answer?

AI-based medical devices fall under "preventive or occupational medicine" as per GDPR Article 9(2)(h)​.

The AI system is used to detect skin cancer, a form of preventive medicine, making this the appropriate basis.

Why are other answers incorrect?

A (Scientific research or statistical purposes) → While scientific research can be a legal basis, it requires additional safeguards such as anonymization, which may not be feasible in this case​.

B (Substantial public interest) → While public health is important, this processing is specific to medical diagnosis, making Article 9(2)(h) more appropriate​.

D (Defense of legal claims) → Legal claims are not relevant here, as the processing is for bias mitigation in AI training​.