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PECB Certified Data Protection Officer Sample Questions (Q40-Q45):
NEW QUESTION # 40
Bus Spot is one of the largest bus operators in Spain. The company operates in local transport and bus rental since 2009. The success of Bus Spot can be attributed to the digitization of the bus ticketing system, through which clients can easily book tickets and stay up to date on any changes to their arrival or departure time. In recent years, due to the large number of passengers transported daily. Bus Spot has dealt with different incidents including vandalism, assaults on staff, and fraudulent injury claims. Considering the severity of these incidents, the need for having strong security measures had become crucial. Last month, the company decided to install a CCTV system across its network of buses. This security measure was taken to monitor the behavior of the company's employees and passengers, enabling crime prevention and ensuring safety and security. Following this decision, Bus Spot initiated a data protection impact assessment (DPIA). The outcome of each step of the DPIA was documented as follows: Step 1: In all 150 buses, two CCTV cameras will be installed. Only individuals authorized by Bus Spot will have access to the information generated by the CCTV system. CCTV cameras capture images only when the Bus Spot's buses are being used. The CCTV cameras will record images and sound. The information is transmitted to a video recorder and stored for 20 days. In case of incidents, CCTV recordings may be stored for more than 40 days and disclosed to a law enforcement body. Data collected through the CCTV system will be processed bv another organization. The purpose of processing this tvoe of information is to increase the security and safety of individuals and prevent criminal activity. Step2: All employees of Bus Spot were informed for the installation of a CCTV system. As the data controller, Bus Spot will have the ultimate responsibility to conduct the DPIA. Appointing a DPO at that point was deemed unnecessary. However, the data processor's suggestions regarding the CCTV installation were taken into account. Step 3: Risk Likelihood (Unlikely, Possible, Likely) Severity (Moderate, Severe, Critical) Overall risk (Low, Medium, High) There is a risk that the principle of lawfulness, fairness, and transparency will be compromised since individuals might not be aware of the CCTV location and its field of view. Likely Moderate Low There is a risk that the principle of integrity and confidentiality may be compromised in case the CCTV system is not monitored and controlled with adequate security measures.
Possible Severe Medium There is a risk related to the right of individuals to be informed regarding the installation of CCTV cameras. Possible Moderate Low Step 4: Bus Spot will provide appropriate training to individuals that have access to the information generated by the CCTV system. In addition, it will ensure that the employees of the data processor are trained as well. In each entrance of the bus, a sign for the use of CCTV will be displayed. The sign will be visible and readable by all passengers. It will show other details such as the purpose of its use, the identity of Bus Spot, and its contact number in case there are any queries.
Only two employees of Bus Spot will be authorized to access the CCTV system. They will continuously monitor it and report any unusual behavior of bus drivers or passengers to Bus Spot. The requests of individuals that are subject to a criminal activity for accessing the CCTV images will be evaluated only for a limited period of time. If the access is allowed, the CCTV images will be exported by the CCTV system to an appropriate file format. Bus Spot will use a file encryption software to encrypt data before transferring onto another file format. Step 5: Bus Spot's top management has evaluated the DPIA results for the processing of data through CCTV system. The actions suggested to address the identified risks have been approved and will be implemented based on best practices. This DPIA involves the analysis of the risks and impacts in only a group of buses located in the capital of Spain. Therefore, the DPIA will be reconducted for each of Bus Spot's buses in Spain before installing the CCTV system. Based on this scenario, answer the following question:
Question:
You are appointed as theDPO of Bus Spot.
What action would yousuggestwhen reviewing the results of theDPIApresented in scenario 6?
- A. Using a data processor for CCTV images is not in compliance with GDPR, since the data generated from the CCTV system should be controlled and processed by Bus Spot.
- B. The DPIA should be reviewed annually, as CCTV surveillance presents ongoing risks to data subjects' privacy.
- C. Reconducting a DPIA for each busof Bus Spot isnot necessary, since the nature, scope, context, and purpose of data processing are similar in all buses.
- D. Displaying the identity of Bus Spot, its contact number, and the purpose of data processingin each bus isnot necessary; furthermore, it breaches thedata protection principles defined by GDPR.
Answer: B
Explanation:
UnderArticle 35(11) of GDPR, controllersmust reassess DPIAs regularlyto account forchanging risksin processing activities likeCCTV surveillance.
* Option D is correctbecauseCCTV monitoring poses an ongoing risk, requiring periodic DPIA reviews.
* Option A is incorrectbecauseregular DPIA reviews are required, even if the data processing remains the same.
* Option B is incorrectbecausetransparency is a key principle of GDPR, and displaying information does not breach GDPR.
* Option C is incorrectbecausedata processors can process CCTV data as long as there is a processing agreement (Article 28).
References:
* GDPR Article 35(11)(Periodic DPIA review)
* Recital 90(Regular assessment of risks)
NEW QUESTION # 41
Which statement below regarding the difference between anonymization and pseudonymization is correct?
- A. Anonymization is not reversible and the original data cannot be attributed to an individual, while pseudonymization is reversible and the original data can be attributed to an individual with the use of additional information
- B. Anonymization is the process of replacing a portion of the data with a common value to keep the identity of individuals anonymous, whereas pseudonymization is the process of adding mathematical noise to the data
- C. Anonymization is reversible and the original data can be retrieved with the use of a public key encryption, while pseudonymization is not reversible and can be used only for non-identifiable data, such as gender, nationality, and occupation
Answer: A
Explanation:
According to GDPR Recital 26, anonymization permanently removes any possibility of re-identification, making it irreversible. Pseudonymization, as defined in Article 4(5), is reversible if the correct key or additional information is available. Pseudonymization still qualifies as personal data under GDPR, whereas anonymized data falls outside the scope of GDPR.
NEW QUESTION # 42
Scenario1:
MED is a healthcare provider located in Norway. It provides high-quality and affordable healthcare services, including disease prevention, diagnosis, and treatment. Founded in 1995, MED is one of the largest health organizations in the private sector. The company has constantly evolved in response to patients' needs.
Patients that schedule an appointment in MED's medical centers initially need to provide theirpersonal information, including name, surname, address, phone number, and date of birth. Further checkups or admission require additional information, including previous medical history and genetic data. When providing their personal data, patients are informed that the data is used for personalizing treatments and improving communication with MED's doctors. Medical data of patients, including children, are stored in the database of MED's health information system. MED allows patients who are at least 16 years old to use the system and provide their personal information independently. For children below the age of 16, MED requires consent from the holder of parental responsibility before processing their data.
MED uses a cloud-based application that allows patients and doctors to upload and access information.
Patients can save all personal medical data, including test results, doctor visits, diagnosis history, and medicine prescriptions, as well as review and track them at any time. Doctors, on the other hand, can access their patients' data through the application and can add information as needed.
Patients who decide to continue their treatment at another health institution can request MED to transfer their data. However, even if patients decide to continue their treatment elsewhere, their personal data is still used by MED. Patients' requests to stop data processing are rejected. This decision was made by MED's top management to retain the information of everyone registered in their databases.
The company also shares medical data with InsHealth, a health insurance company. MED's data helps InsHealth create health insurance plans that meet the needs of individuals and families.
MED believes that it is its responsibility to ensure the security and accuracy of patients' personal data. Based on the identified risks associated with data processing activities, MED has implemented appropriate security measures to ensure that data is securely stored and processed.
Since personal data of patients is stored and transmitted over the internet, MED uses encryption to avoid unauthorized processing, accidental loss, or destruction of data. The company has established a security policy to define the levels of protection required for each type of information and processing activity. MED has communicated the policy and other procedures to personnel and provided customized training to ensure proper handling of data processing.
Question:
Based on scenario 1, which data subject right isNOTguaranteed by MED?
- A. Right to data portability
- B. Right to restriction of processing
- C. Right to rectification
- D. Right to be informed
Answer: B
Explanation:
UnderArticle 18 of GDPR, theright to restriction of processingallows data subjects to request that processing of their personal data be limited under certain conditions, such as when accuracy is contested or processing is unlawful but the data subject opposes erasure.
From the scenario, MEDdoes not provide the option to restrict processing, as patients who request to stop processing are denied. This makesOption Bcorrect.Option Ais incorrect because MED does inform patients about data collection purposes.Option Cis incorrect because medical data could be transferred to other institutions.Option Dis incorrect because rectification of inaccurate data is a standard obligation.
References:
* GDPR Article 18(Right to restriction of processing)
* GDPR Article 12(Transparent communication with data subjects)
NEW QUESTION # 43
Scenario:2
Soyled is a retail company that sells a wide range of electronic products from top European brands. It primarily sells its products in its online platforms (which include customer reviews and ratings), despite using physical stores since 2015. Soyled's website and mobile app are used by millions of customers. Soyled has employed various solutions to create a customer-focused ecosystem and facilitate growth. Soyled uses customer relationship management (CRM) software to analyze user data and administer the interaction with customers. The software allows the company to store customer information, identify sales opportunities, and manage marketing campaigns. It automatically obtains information about each user's IP address and web browser cookies. Soyled also uses the software to collect behavioral data, such as users' repeated actions and mouse movement information. Customers must create an account to buy from Soyled's online platforms. To do so, they fill out a standard sign-up form of three mandatory boxes (name, surname, email address) and a non-mandatory one (phone number). When the user clicks the email address box, a pop-up message appears as follows: "Soyled needs your email address to grant you access to your account and contact you about any changes related to your account and our website. For further information, please read our privacy policy.' When the user clicks the phone number box, the following message appears: "Soyled may use your phone number to provide text updates on the order status. The phone number may also be used by the shipping courier." Once the personal data is provided, customers create a username and password, which are used to access Soyled's website or app. When customers want to make a purchase, they are also required to provide their bank account details. When the user finally creates the account, the following message appears: "Soyled collects only the personal data it needs for the following purposes: processing orders, managing accounts, and personalizing customers' experience. The collected data is shared with our network and used for marketing purposes." Soyled uses personal data to promote sales and its brand. If a user decides to close the account, the personal data is still used for marketing purposes only. Last month, the company received an email from John, a customer, claiming that his personal data was being used for purposes other than those specified by the company. According to the email, Soyled was using the data for direct marketing purposes. John requested details on how his personal data was collected, stored, and processed. Based on this scenario, answer the following question:
Question:
The GDPR indicates that the processing of personal data should be based on alegal contractwith the data subject. Based on scenario 6, has Soyled fulfilled this requirement?
- A. Yes, data subjects are informed about the purpose of collecting the email address and phone number before the data is collected.
- B. Yes, once the account is created, Soyled informs its customers that their personal data will be shared with the network.
- C. No, because Soyled did not obtain explicit consent for data processing.
- D. No, data subjects are informed that the personal data will be shared with Soyled's networkonly afterthe personal data is collected.
Answer: D
Explanation:
UnderArticle 6(1) of GDPR, processing personal data must have alawful basis, such as consent, contract, legal obligation, or legitimate interest. Additionally, underArticle 13, controllers must inform usersbefore collecting their data.
Soyledfailed to disclosethat personal data would be shared with the networkbefore collection, whichviolates GDPR transparency requirements.Option C is correct.Option Ais incorrect because informing about email collection does not mean lawful processing.Option Bis incorrect because the information was not disclosed at the right time.Option Dis incorrect because explicit consent is not necessarily required if another lawful basis applies.
References:
* GDPR Article 6(1)(Lawfulness of processing)
* GDPR Article 13(1)(Transparency in data processing)
NEW QUESTION # 44
Question:
According to theprinciple of data minimization, data must be:
- A. In a formwhich permits the identification of data subjectsfor no longer than is necessary.
- B. Adequate, relevant, and limitedto what is necessary in relation to the purposes of processing.
- C. Stored forno more than five yearsfrom the date of collection.
- D. Acquired only forspecified, explicit, and legitimate purposes.
Answer: B
Explanation:
UnderArticle 5(1)(c) of GDPR, data minimization requires thatpersonal data must be adequate, relevant, and limited to what is necessaryfor its intended purpose.
* Option C is correctbecause itdirectly reflects the GDPR's data minimization principle.
* Option A is incorrectbecausestorage limitation is a separate principle under Article 5(1)(e).
* Option B is incorrectbecausepurpose limitation (Article 5(1)(b)) is separate from data minimization.
* Option D is incorrectbecauseGDPR does not specify a fixed retention period (e.g., five years)- retention should be based on necessity.
References:
* GDPR Article 5(1)(c)(Data minimization principle)
* Recital 39(Controllers must collect only necessary data)
NEW QUESTION # 45
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