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NEW QUESTION # 25
Which of the following is NOT a key requirement of independent supervisory authorities?
- A. They review DPIAs in cases of unmitigated high risk
- B. They must operate independently.
- C. They must provide each other with mutual assistance
- D. Their leadership must change every four years
Answer: D
Explanation:
Explanation
Independent supervisory authorities are public authorities that supervise, through investigative and corrective powers, the application of the data protection law. They provide expert advice on data protection issues and handle complaints lodged against violations of the UK GDPR and the relevant national laws. The UK GDPR sets out the key requirements for independent supervisory authorities in Chapter VI, which include the following:
* They must operate independently and remain free from external influence, whether direct or indirect, and must neither seek nor take instructions from anybody.
* They must have adequate human, technical and financial resources to perform their tasks and exercise their powers effectively.
* They must review data protection impact assessments in cases of unmitigated high risk and provide prior consultation to controllers on such processing operations.
* They must provide each other with mutual assistance and cooperate with each other and the European Data Protection Board to ensure the consistent application of the UK GDPR across the EU.
* They must handle complaints lodged by data subjects or by bodies, organisations or associations representing them, and investigate the subject matter of the complaint to the extent appropriate.
* They must adopt binding decisions on matters concerning the application of the UK GDPR and impose effective, proportionate and dissuasive administrative fines for infringements of the UK GDPR.
The UK GDPR does not specify any fixed term for the leadership of independent supervisory authorities, nor does it require their leadership to change every four years. However, it does require that the members of the supervisory authority must be appointed by means of a transparent procedure by the parliament, the government or the head of state of the Member State concerned, and that they must act with integrity, refrain from any action incompatible with their duties and not engage in any incompatible occupation during and after their term of office. The UK GDPR also allows Member States to provide for rules regarding the establishment, appointment, duration of the term and dismissal of the head or members of the supervisory authority. References:
* UK GDPR, Chapter VI7
* ICO website, About the ICO8
NEW QUESTION # 26
A UK public body has a security breach, in which the details of a hundred thousand members of the public are published What is the MAXIMUM fine that they could receive for this breach?
- A. £10 million or 4% of gross annual turnover
- B. £17 5 million or 4% of gross annual turnover
- C. £8.7 million or 2% of gross annual turnover
- D. £20 million or 2% of gross annual turnover
Answer: B
Explanation:
Explanation
The UK GDPR and the Data Protection Act 2018 set a maximum fine of £17.5 million or 4% of annual global turnover, whichever is higher, for infringements of the data protection principles, the rights of data subjects, or the rules on transfers of personal data to third countries. This is the higher maximum penalty that applies to the most serious breaches of the UK GDPR. A security breach that exposes the details of a hundred thousand members of the public would likely fall under this category, as it would compromise the confidentiality and integrity of personal data, and potentially cause significant harm and distress to the data subjects. Therefore, the maximum fine that the UK public body could receive for this breach is £17.5 million or 4% of gross annual turnover, whichever is higher. References:
* Penalties3
* GDPR Penalties & Fines4
* Three years of GDPR: the biggest fines so far5
NEW QUESTION # 27
When were data protection rights first introduced into UK law'?
- A. 2000 (Data Protection Act 1998)
- B. 1992 (Data Protection Act 1992).
- C. 2018 (Data Protection Act 2018)
- D. 1984 (Data Protection Act 1984).
Answer: D
Explanation:
Explanation
Data protection rights were first introduced into UK law by the Data Protection Act 1984, which was enacted to implement the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 1981. The Data Protection Act 1984 established a set of principles for the processing of personal data by data users, such as obtaining consent, ensuring accuracy, and limiting retention.
It also created a system of registration for data users and a Data Protection Registrar (later renamed as the Information Commissioner) to oversee and enforce the law. The Data Protection Act 1984 was replaced by the Data Protection Act 1998, which transposed the EU Data Protection Directive 1995 into UK law and extended the scope of data protection to cover manual as well as automated processing of personal data. The Data Protection Act 1998 was further amended by the Data Protection Act 2018, which incorporated the EU General Data Protection Regulation (GDPR) and the Law Enforcement Directive into UK law and made provisions for specific processing situations, such as national security, immigration, and journalism.
References:
* Data Protection Act 19844
* Council of Europe Convention 1085
* Data Protection Act 19986
* Data Protection Act 20187
NEW QUESTION # 28
Where a processor engages another processor ("sub-processor") to carry out processing activities on behalf of a controller, which of the following statements is CORRECT?
- A. The processor may use the sub-processor without the written authorisation of the controller if it adheres to an approved code of conduct
- B. The processor may use the sub-processor without the written authorisation of the controller if the sub-processor signs a contract which reflects the same obligations as the contract with the controller
- C. The processor must receive prior written authorisation to use the sub-processor
- D. The processor may use the sub-processor without the written authorisation of the controller if the processing is deemed to be low risk.
Answer: C
Explanation:
Explanation
Article 28(2) of UK GDPR states that where a processor engages another processor ("sub-processor") for carrying out specific processing activities on behalf of the controller, the same data protection obligations as set out in the contract or other legal act between the controller and the processor shall be imposed on that other processor by way of a contract or other legal act under domestic law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of UK GDPR. The processor shall not engage another processor without prior specific or general written authorisation of the controller. In the case of general written authorisation, theprocessor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes. The other options are incorrect, as they do not reflect the requirements of UK GDPR for using a sub-processor. The processor cannot use a sub-processor without the written authorisation of the controller, regardless of whether it adheres to an approved code of conduct, signs a contract with the same obligations as the controller, or deems the processing to be low risk. References:
* Article 28(2) of UK GDPR1
* ICO guidance on contracts and liabilities between controllers and processors3
NEW QUESTION # 29
In which of the following circumstances would Privacy and Electronic Communications Regulation (PECR) NOT apply?
- A. Telephone marketing communications
- B. Email marketing communications
- C. Text marketing communications.
- D. Postal marketing communications.
Answer: D
Explanation:
Explanation
The Privacy and Electronic Communications Regulations (PECR) are a set of rules that regulate the use of electronic communications for marketing purposes, as well as the use of cookies and similar technologies, and the security and privacy of electronic communications services. PECR apply to all organisations that market by phone, email, text, fax, or online, or that use cookies or similar technologies on their websites or other electronic services. PECR do not apply to postal marketing communications, which are not considered electronic communications under the definition of PECR. However, postal marketing communications may still be subject to the UK GDPR and the Data Protection Act 2018, as well as other regulations, such as the Consumer Protection from Unfair Trading Regulations 2008 and the Advertising Standards Authority codes of practice. References:
* ICO Guide to PECR, What are PECR?4
* ICO Guide to PECR, Electronic and telephone marketing5
NEW QUESTION # 30
Of the following options which is NOT a purpose of carrying out a Data Protection Impact Assessment (DPIA)?
- A. It is necessary to fulfil the requirement that all DPIAs are submitted to the ICO
- B. It is key to the accountability element of the GDPR.
- C. It fulfils a requirement that data protection is carried out by design and default.
- D. It assists in identifying the main risks that may exist in any use of data, so that they can be mitigated
Answer: A
NEW QUESTION # 31
What is the Employment Practices Code?
- A. A statutory framework for implementing data protection training for employees.
- B. Guidance on the requirements for employing a Data Protection Officer
- C. A set of exemptions that can be used when processing data related to employees
- D. Guidance on meeting legal requirements of data protection when employing staff
Answer: D
Explanation:
Explanation
The Employment Practices Code is a guidance document issued by the ICO that provides recommendations on how to comply with the data protection principles and the rights of data subjects when processing personal data in the context of employment. The code covers various aspects of employment practices, such as recruitment and selection, employment records, monitoring at work, and information about workers' health.
The code is not legally binding, but it reflects the ICO's interpretation of the Data Protection Act and the UK GDPR, and it may be used as evidence in legal proceedings or investigations. The code is intended to help employers balance their legitimate interests in managing their workforce with the privacy rights of their workers. References:
* The Employment Practices Code
* Quick Guide to the Employment Practices Code
NEW QUESTION # 32
Article 9(2)(c) of UK GDPR condition of processing special category data in the vital interests of the data subject is only applicable in which of the following circumstances:
- A. When the data subject refuses to consent
- B. When another lawful basis applies.
- C. When a data subject is incapacitated
- D. When the data subject is physically unable to be present
Answer: C
Explanation:
Explanation
Article 9(2) of UK GDPR allows the processing of special category data when it is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent. This means that the data subject is unable to exercise their right to consent or object to the processing, either because they are unconscious, in a coma, suffering from a severe mental disorder, or otherwise unable to communicate their wishes. This condition is intended to cover emergency situations, such as life-threatening medical interventions, where the data subject's consent cannot be obtained in time. It does not apply when another lawful basis applies, when the data subject is physically absent but still capable of giving consent, or when the data subject refuses to consent. References:
* Article 9(2) of UK GDPR1
* ICO guidance on special category data2
NEW QUESTION # 33
Which of the following would NOT be a personal data breach'?
- A. The accidental destruction of a current employee's HR file.
- B. The loss of a memory stick containing the names and addresses of students in private accommodation
- C. The accidental deletion of an organisation's information security policy from the public facing website
- D. The unauthorised changing of a persons address details on a database of customers.
Answer: C
Explanation:
Explanation
A personal data breach is defined in Article 4(12) of the UK GDPR as "a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed". Personal data means any information relating to an identified or identifiable natural person, such as a name, an identification number, location data, an online identifier or factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Therefore, a personal data breach only occurs when the security incident affects personal data, not any other type of information. In this case, the accidental deletion of an organisation's information security policy from the public facing website would not be a personal data breach, as the policy does not contain any personal data. However, the other scenarios would be considered personal data breaches, as they involve the loss, alteration, destruction or unauthorised access to personal data of customers, employees or students.
References:
* UK GDPR, Article 4(12)1
* UK GDPR, Article 4(1)2
* ICO Guide to Data Protection, Personal Data Breaches3
NEW QUESTION # 34
What is the basis of the accountability and data governance obligation (Article 5 (2) of the GDPR)?
- A. Controllers and Processors each have a responsibility to conduct legitimate interests balancing tests before processing data for direct marketing
- B. The controller shall be responsible for. and be able to demonstrate compliance with the data protection principles.
- C. The controller shall appoint a DPO before carrying out large scale processing
- D. Processors have overarching responsibility to ensure their processing is compliant
Answer: B
Explanation:
Explanation
Article 5(2) of the GDPR introduces the principle of accountability, which requires that the controller is responsible for, and be able to demonstrate compliance with, the data protection principles set out in Article
5(1). These principles are: lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and data protection by design and by default. The controller must implement appropriate technical and organisational measures to ensure and demonstrate compliance, such as policies, procedures, records, audits, reviews, and DPIAs. The controller must also cooperate with the supervisory authority and provide any information requested by it. The other options are not the basis of the accountability and data governance obligation, although they may be related to other obligations under the GDPR. References:
* Article 5(2) of the GDPR3
* ICO guidance on accountability and governance4
NEW QUESTION # 35
Which of the following statements MOST accurately describes why a risk-based approach to the use of Al is necessary?
- A. Al is inherently negative and its use should be limited
- B. Al is unlawful
- C. Al carries new and complex risks not present in other technologies
- D. Al's benefits make accepting all arising risks necessary.
Answer: C
Explanation:
Explanation
Artificial intelligence (AI) is the use of digital systems to perform tasks that would normally require human intelligence, such as recognition, decision making, learning and adaptation. AI can bring many benefits to society, such as innovation, efficiency, personalisation and convenience. However, AI also carries new and complex risks that are not present in other technologies, such as opacity, unpredictability, bias, discrimination, intrusion, manipulation and harm. These risks can affect the rights and freedoms of individuals, especially their data protection rights, such as privacy, transparency, fairness, accuracy and accountability. Therefore, a risk-based approach to the use of AI is necessary, which means identifying, assessing and mitigating the potential adverse impacts of AI on individuals and society, while balancing them with the benefits and opportunities. A risk-based approach also means complying with the relevant legal and ethical frameworks, such as the UK GDPR and the DPA 2018, and following the best practices and guidance issued by the ICO and other authorities on AI and data protection234. References:
* Guidance on AI and data protection2
* Explaining decisions made with AI3
* AI auditing framework4
NEW QUESTION # 36
An investigation reveals that an individual is defrauding a public authority After a (suspected) tip off from a senior manager, the individual submits a Subject Access Request to the authority asking for a copy of all personal data relating to any investigations that have been carried out What would be the BEST approach?
- A. This is criminal offence data and therefore under the provisions of the Data Protection Act 2018, there is no obligation to disclose
- B. They do not need to disclose details of the investigation as they can rely on the crime and taxation exemption on the basis that disclosure would prejudice the investigation
- C. While the right to inform does not apply in relation to criminal acts, they need to disclose the information as this has not yet been passed to the police.
- D. The legal and professional privilege exemption applies to this information, and therefore the information does not need to be disclosed
Answer: B
Explanation:
Explanation
The crime and taxation exemption in Schedule 2, Part 1, Paragraph 2 of the Data Protection Act 2018 (DPA
2018) provides an exemption from the UK GDPR's transparency obligations and most individual rights, including the right of access, but only if complying with them would prejudice the prevention or detection of crime, or the apprehension or prosecution of offenders. This means that the public authority does not need to disclose details of the investigation to the individual who submitted the subject access request, as doing so would be likely to hinder the investigation and enable the individual to evade justice. The public authority should assess the likelihood of prejudice on a case-by-case basis and document its reasons for relying on the exemption. The other options are incorrect because:
* The legal and professional privilege exemption in Schedule 2, Part 1, Paragraph 19 of the DPA 2018 applies to personal data that is subject to an obligation of confidentiality arising from the provision of legal advice or legal representation, or from the conduct of legal proceedings. This exemption does not apply to the information held by the public authority about the investigation, as it is not related to any legal advice or representation, or any legal proceedings.
* The term "criminal offence data" refers to personal data relating to criminal convictions and offences, or related security measures. This type of data is subject to specific rules under Article 10 of the UK GDPR and Part 3 of the DPA2018. However, this does not mean that there is no obligation to disclose criminal offence data in response to a subject access request. The public authority still needs to consider whether any of the exemptions in the DPA 2018 apply, such as the crime and taxation exemption, before disclosing or withholding the data.
* The right to be informed does apply in relation to criminal acts, as the UK GDPR requires controllers to provide data subjects with information about the processing of their personal data, including the purposes and legal basis of the processing, unless an exemption applies. The fact that the information has not yet been passed to the police does not affect the applicability of the right to be informed or the right of access. References:
* Data Protection Act 2018, Schedule 2, Part 1, Paragraph 21
* ICO Guide to Data Protection, Crime and Taxation2
* Data Protection Act 2018, Schedule 2, Part 1, Paragraph 193
* UK GDPR, Article 104
* Data Protection Act 2018, Part 35
* UK GDPR, Article 13 and 146
NEW QUESTION # 37
Under the Privacy and Electronic Communications Regulations, organisations must NOT make marketing telephone calls to which of the following?
- A. Any person who is registered with the Telephone Preference Service, unless they have given specific consent to receive your calls
- B. Any person who has not consented to receiving marketing calls
- C. Any person under the age of 18, unless their parent or guardian has provided permission
- D. Any person outside of the United Kingdom.
Answer: A
Explanation:
Explanation
The Privacy and Electronic Communications Regulations (PECR) are a set of rules that regulate the use of electronic communications for marketing purposes, such as phone calls, texts, emails and faxes. One of the rules is that organisations must not make unsolicited marketing calls to individuals who have registered their numbers with the Telephone Preference Service (TPS), unless they have given their prior consent to receive such calls from that organisation. The TPS is a free service that allows individuals to opt out of receiving any marketing calls. It is a legal requirement for organisations to check the TPS before making any marketing calls and to respect the preferences of the individuals registered on it. If an organisation fails to comply with this rule, it may face enforcement action from the Information Commissioner's Office (ICO), which is the UK's data protection authority and the regulator of PECR. References:
* Telephone Preference Service
* Marketing calls
* Enforcement action
NEW QUESTION # 38
What are Information Society Services'? Select the INCORRECT answer
- A. A service provided for remuneration, by electronic means, at distance to an individual that has requested it.
- B. Information services provided by non-profit or government organisations with no remuneration
- C. Business to business online networking sites
- D. An electronic information service provided to individuals but paid for solely by advertising
Answer: B
Explanation:
Explanation
Information society services (ISS) are defined in Article 4(25) of the UK GDPR as "any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services". This means that ISS are online services that are paid for, either by the user or by another source of income, such as advertising or sponsorship, and that are provided without the parties being physically present, using electronic equipment for the transmission and reception of data, and upon the request of the user.
Examples of ISS include apps, programs, websites, search engines, social media platforms, online marketplaces, content streaming services, online games, and any other online services that offer goods or services to users over the internet. Therefore, options A, B and C are correct examples of ISS, as they meet the criteria of the definition. However, option D is not a correct example of ISS, as it does not involve any remuneration for the service provider. Information services provided by non-profit or government organisations with no remuneration are not considered ISS under the UK GDPR, unless they compete with other ISS on the market. References:
* UK GDPR, Article 4(25)4
* Services covered by this code5
NEW QUESTION # 39
What does NOT have an exemption prescribed under schedule 3 of the Data Protection Act 2018?
- A. Health data
- B. Credit checking agency data
- C. Social Work Data.
- D. Education data, examination scripts and marks
Answer: B
Explanation:
Explanation
Schedule 3 of the Data Protection Act 2018 (DPA 2018) provides exemptions from some of the UK GDPR provisions for certain types of personal data processing, such as health data, social work data, education data, and child abuse data. These exemptions are intended to balance the rights and freedoms of data subjects with the public interest or the legitimate interests of data controllers in specific contexts. For example, the exemptions may allow data controllers to restrict the data subjects' access to their personal data, or to process their personal data without their consent, if complying with the UK GDPR would be likely to prejudice the purposes of the processing, such as the provision of health care, social work, education, or child protection.
However, Schedule 3 of the DPA 2018 does not provide any exemption for credit checking agency data, which is personal data processed by credit reference agencies for the purposes of assessing the creditworthiness of individuals or organisations, or preventing fraud or money laundering. Credit checking agency data is subject to the UK GDPR provisions as normal, unless another exemption applies. For example, credit reference agencies may rely on the crime and taxation exemption in Schedule 2, Part 1, Paragraph 2 of the DPA 2018 if disclosing personal data to a data subject would be likely to prejudice the prevention or detection of crime, or the apprehension or prosecution of offenders. References:
* Data Protection Act 2018, Schedule 31
* ICO Guide to Data Protection, Exemptions2
* ICO Guide to Data Protection, Credit3
NEW QUESTION # 40
What factors should be considered when looking at security of processing under Article 32 of the GDPR?
Select the INCORRECT answer
- A. The most secure option available
- B. Lawfulness of processing
- C. Adherence to an approved code of conduct
- D. The likelihood of a risk to the rights of the data subjects
Answer: B
Explanation:
Explanation
Lawfulness of processing is not a factor that should be considered when looking at security of processing under Article 32 of the GDPR. Lawfulness of processing is a separate requirement that applies to all processing of personal data, regardless of the level of security. Security of processing under Article 32 of the GDPR should be based on the following factors:
* The state of the art and the costs of implementation of the security measures;
* The nature, scope, context and purposes of the processing;
* The risk of varying likelihood and severity for the rights and freedoms of natural persons;
* Adherence to an approved code of conduct or an approved certification mechanism (as an element to demonstrate compliance). References:
* Article 32 of the GDPR1
* Guidelines 07/2020 on the concepts of controller and processor in the GDPR2, p. 36
NEW QUESTION # 41
A company has twenty retail outlets in France and thirty retail outlets in Belgium The payroll department and the Data Protection Officer are based in Poland.The Company Board and administrative functions are based in Germany. Determine where the company's 'mainestablishment' would be
- A. Poland
- B. Belgium
- C. France
- D. Germany
Answer: D
Explanation:
Explanation
The main establishment of a controller or a processor in the EU is the place where the decisions on the purposes and means of the processing of personal data are taken and implemented. According to Recital 36 of the GDPR, the main establishment of a controller with establishments in more than one Member State should be the place of its central administration in the EU, unless the decisions on the processing are taken in another establishment of the controller in the EU and the latter establishment has the power to have such decisions implemented, in which case the establishment havingtaken such decisions should be considered to be the main establishment. Similarly, the main establishment of a processor with establishments in more than one Member State should be the place of its central administration in the EU, or, if the processor has no central administration in the EU, the establishment of the processor in the EU where the main processing activities take place to the extent that the processor is subject to specific obligations under the GDPR. The main establishment is relevant for determining the lead supervisory authority, the applicable law, and the jurisdiction of the courts for cross-border processing of personal data. In this case, the company's main establishment would be Germany, as it is the place where the company board and administrative functions are based and where the decisions on the processing of personal data are likely to be taken and implemented.
References:
* Recital 36 of the GDPR8
* Article 4(16) of the GDPR9
* Article 56 of the GDPR
NEW QUESTION # 42
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