CIPP/E Exam Questions and Answers 100% CorrectCIPP/E Exam Questions and Answers 100% CorrectCIPP/E Exam Questions and Answers 100% CorrectCIPP/E Exam Questions and Answers 100% CorrectCIPP/E Exam Questions and Answers 100% Correct
Rationales for Data Protection - ANSWER-1) Increase in internet use...
CIPP/E Exam Questions and Answers 100% Correct
Rationales for Data Protection - ANSWER-1) Increase in internet use
2) databanks more prevalent
3) Telecommunications allow internet across borders
4) Cross border sharing made sharing more prevalent which makes misuse more likely
5) Sharing data is generally a good thing for society
6) Balance free trade and personal privacy
E.U. v U.S. difference in Fundamental Right to Privacy - ANSWER-In E.U. it is a fundamental right. It is also a fundamental right under the Universal Declaration of Human Rights (adopted by U.N.)
Universal Declaration of Human Rights [Generally what did it provide] - ANSWER-
Adopted in 1948 by the U.N. states that people have an undeniable right to privacy.
Via Article 12 - Right to Privacy and Family Life
Article 19 Freedom of Expression
Must be balanced with legitimate interests of democratic society, morality, and public order
Universal Declaration of Human Rights [Article 12 - Right to Privacy and Family Life - ANSWER-No person shall have their home, family, privacy, correspondence, honor, or reputation arbitrarily interfered with
Universal Declaration of Human Rights [Article 19 - Right to Expression] - ANSWER-
Person shall have the right to express or impart opinion/ideas in any media without interference
Universal Declaration of Human Rights [Article 29 - Limit on Fundamental Rights] - ANSWER-Rights under 12 and 19 are not obsolete and instead must be balanced with morality, democratic society, and public order
European Declaration of Human Rights [Generally] - ANSWER-Adopted in 1958 by the European Commission; applied only to European member states;
similar to Constitution of the U.S. fundamental rights + data privacy rights of the Universal Declaration of Human Rights
European Declaration of Human Rights [Rights] - ANSWER-Life
liberty
opinion
no torture no slavery
marriage
privacy in home and family (similar to article 12 of UDHR)
speech
association
religion
expression
fair trial
European Declaration of Human Rights [Enforcement] - ANSWER-Originally it was the European Court of Human Rights, which was then changed to a single court dedicated to human rights that can issue opinions on the EDHR
Court findings are binding on member states
Organization of Economic Co-operation and Development [Generally] - ANSWER-1) Non-binding on the EU states
2) intended to provide guidance in order to create a common set of principles to facilitate cross border data exchange while protecting privacy
3) EU states are free to interpret and implement how they want
4) Does not discriminate based on technology or sector (private or public)
5) 1980
Organization of Economic Co-operation and Development [8 Principles] - ANSWER-
Accountability (will take accountability for compliance with OECD)
Collection (fair and lawful and consent where necessary)
Openness (general transparency to data practices)
Individual Participation (data rights)
Purpose (limited purpose and data collection based on that purpose and use based on that purpose, state the purpose)
Quality (relevant, accurate, up to date)
Use (use in accordance with purpose)
Security
Convention 108 [Generally] - ANSWER-1) the first worldwide, binding data privacy law where any country could participate
2) Based off of earlier Council of Europe resolutions 73, 74 and 507
Convention 108 [Chapter II Substantive Law - Principles of 108] - ANSWER-1) PI is processed lawfully and fairly
2) Limited collection to what is necessary (relevant and non-excessive)
3) Not retained longer than necessary
4) Reasonable security as to prevent unauthorized access, use, disclosure
5) Processing in line with purpose
6) Sensitive data is not automatically processed
7) Accurate and kept up to date
8) Right to communicate, rectify, and erase data (end user data right) Convention 108 [Chapter II Substantive Law - Exceptions to Principles] - ANSWER-
Where a measure is necessary for state security or criminal investigation
Convention 108 [Chapter III Trans-border Flows] - ANSWER-1) If a country is part of 108, then no other requirements can be placed on that country by another country in order to conduct a trans-border data flow (limited exception); rationale is that they've met the requirements of 108
2) Exceptions: (i) if not a 108 entity then can place additional safeguards; (ii) can place additional safeguards if for a particular kind of data and the other country doesn't have similar safeguards
Convention 108 [Sensitive Data] - ANSWER-Sexual life, religion, gender, politics, health
Convention 108 [Mutual Assistance] - ANSWER-Section 108 members must appoint a data supervisory authority of which helps assist end users exercise their data rights
European Data Protection Directive [Reason for Implementation] - ANSWER-A replacement to 108 because 108 was too open-ended and allowed member states too much authority to interpret and implement; made it difficult for compliance in each state.
European Data Protection Directive [Generally] - ANSWER-1) Binding on all member states
2) Allowed the to adopt implementation schemes
3) Was intended to replace 108
4) Still provided too much discretion on how to implement
Charter of Fundamental Rights of the European Union [Generally] - ANSWER-
Consolidates the fundamental rights within the EU.
Similar to EDHR in privacy
Charter became binding after the Treaty of Lisbon made it so.
Charter of Fundamental Rights of the European Union [Article 8 - Privacy] - ANSWER-
1) Everyone has right to protection of their personal information
2) Right to access
3) Right to rectify
4) Supervisory authority oversee compliance
5) Processed fairly based on consent or some other legitimate purpose
Treaty of Lisbon - ANSWER-A European Union-sanctioned treaty that will allow the European Parliament to become the co-equal legislator for almost all European laws
Incorporates the Charter of Fundamental Human Rights and makes it binding on EU. There was no mention of fundamental rights in the EU charter, so treaty of Lisbon incorporated it
GDPR [Very General Overview] - ANSWER-Replaces the Directive. One set of rules across the EU
GDPR [Who Negotiated the GDPR] - ANSWER-Council of Europe Union, European Commission, European Parliament
GDPR [Implementation Dates] - ANSWER-May 2016 enacted. May 25, 2018 is when DPAs can enforce.
GDPR [Preemption and Exceptions] - ANSWER-GDPR preempts state law generally.
Exceptions include: legal interests, processing for public interests, processing where have official authority
GDPR [Examples of where States can enact stricter legislation] - ANSWER-1) legal obligation
2) historical research
3) science research
4) public interest
5) Sensitive data
6) Sector specific laws (i.e. HR employment)
GDPR Major Changes from Directive - ANSWER-1) the "one stop shop" concept
2) Accountability is heightened
3) Penalties of 2-4%
4) Increased data rights
5) DPAs have more authority
6) Data protection by design and default
7) Broader applicability - anyone targeting EU or tracking or established in EU
Law Enforcement Data Protection Directive - ANSWER-Active in may 2018
Prescribes rules for dealing with personal data in law enforcement investigations
States are free to enact more strict law
ePrivacy Directive - ANSWER-Regulates transmission of personal data across public communication networks
GDPR is not intended to add additional requirements on top of ePrivacy Directive
Treaty of EU [Union Institutions] - ANSWER-Establishes the following EU institutions:
The European Commission
Council of the European Union
The Council
Central Bank
Court of Justice
EU Parliament
Court of Auditors
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