Exin PDPF Privacy and Data Protection Foundation Exam Practice Test

This is a question that has the most doubts: “Who needs to adapt?". For example: 1 - If you have a company in Brazil and sell products or services and process personal data from residents in the EU, in this case your company must conform to the GDPR. 2- If you have a company located in the EU and handle personal data.

Transcribing here part of Article 3 of the GDPR:

1.This Regulation applies to the processing of personal data carried out in the context of the activities of an establishment of a controller or a subcontractor located in the territory of the Union, regardless of whether the processing takes place inside or outside the Union.

2.This Regulation applies to the processing of personal data of holders residing in the territory of the Union, carried out by a controller or processor not established in the Union, when the processing activities are related to:

a)The provision of goods or services to such data subjects in the Union, regardless of the requirement for data subjects to make a payment;

b)Control of their behavior, provided that such behavior takes place in the Union.

Besides to what many persons think, the GDPR does not apply only to the EU, but to all member countries of the European Economic Area (EEA) that includes, in addition to the EU member countries, Iceland, Liechtenstein and Norway.

Article 30 in its first paragraph legislates:

1. Each controller and, where applicable, the controller’s representative, shall maintain a record of processing activities under its responsibility.

Recital 82 mentions:

In order to demonstrate compliance with this Regulation, the controller or processor should maintain records of processing activities under its responsibility. Each controller and processor should be obliged to cooperate with the supervisory authority and make those records, on request, available to it, so that it might serve for monitoring those processing operations.

Confidentiality violation. Incorrect. GDPR uses the term personal data breach. Not every data breach is a confidentiality violation.

Personal data breach. Correct. This is the definition of a personal data breach. (Literature: A, Chapter 5; GDPR Article 4(12))

Security breach. Incorrect. GDPR uses the term personal data breach. Not every security breach is a data breach. Not every data breach is a personal data breach.

Security incident. Incorrect. GDPR uses the term personal data breach. Not every security incident is a data breach.

Article 28 of the GDPR in its paragraph 3 mentions:

This contract or other normative act stipulates, inter alia, that the subcontractor:

a)processes the personal data only on documented instructions from the controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which the processor is subject; in such a case, the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;

b)ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

c)takes all measures required pursuant to Article 32;

d)respects the conditions referred to in paragraphs 2 and 4 for engaging another processor;

e)taking into account the nature of the processing, assists the controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller's obligation to respond to requests for exercising the data subject's rights laid down in Chapter III;

f)assists the controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 taking into account the nature of processing and the information available to the processor;

g)at the choice of the controller, deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data;

h)makes available to the controller all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller.

Compulsory Corporate Rules are rules used internally by multinational companies to transfer personal data. Thus, it is possible to transfer data between them, even if the destination company is in a country that does not have an adequate level of data protection. These rules are like an internal corporate code of conduct and do not cover transfers of personal data outside the corporate group.

Do not confuse "Compulsory Corporate Rules" with "Standard Contractual Clauses". The last are clauses in contracts for international data transfer between companies (customer and supplier relationship) where the destination country does not have an adequate level of data protection, and depends on authorization from the Supervisory Authority.

Article 58 of GDPR

3. supervisory authority shall have all of the following authorisation and advisory powers:

a) to advise the controller in accordance with the prior consultation procedure referred to in Article 36.

The principle of limitation of purposes says that personal data must be collected for specific, explicit and legitimate purposes and cannot be further processed in a way incompatible with those purposes.

When the data is sold to another company, we can conclude that it was acquired by a controller for a specific purpose and that it subsequently sold it without the owner’s knowledge and consent.

This is an issue that addresses two very important points – sensitive data and data from minors.

As these are, it is necessary to inform the Supervisory Authority and those responsible for the data subjects. Article 34 mentions:

1. When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay.

Recital 38 says:

Children merit specific protection regarding their personal data, as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data. Such specific protection should, in particular, apply to the use of personal data of children for the purposes of marketing or creating personality or user profiles and the collection of personal data with regard to children when using services offered directly to a child. The consent of the holder of parental responsibility should not be necessary in the context of preventive or counselling services offered directly to a child.

This occurrence should be classified as a security vulnerability, as it does not state whether an incident occurred for this reason.

However, the failure in this procedure can allow an incident to occur if an unauthorized person has access to the workstation.

Vulnerability is the means by which an attack can cause an information security incident.

The Article 20 of GDPR establishes the Right to data portability.

The second paragraph mentions:

In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

However, it is worth noting that the paragraph 1 of this article mentions:

The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format…

The utterance explains that she requested that the data was transferred, that is why the correct answer is “The current gym should send all her data directly to the new gym.” (B)

Yet she has the right to request her own data, so if the utterance was referenced in that way, the correct answer would be: “The current gym should provide the data to her.” (D)

When we have a Regulation, such as the GDPR, all EU member states are obliged to follow it. The regulation is a law and Member States cannot create laws that oppose it. Unlike the Directives that set objectives to be achieved, however, each Member State is free to decide how to apply them in its country.

Recital 124 tells us:

“Where the processing of personal data takes place in the context of the activities of an establishment of a controller or a processor in the Union and the controller or processor is established in more than one Member State, or where processing taking place in the context of the activities of a single establishment of a controller or processor in the Union substantially affects or is likely to substantially affect data subjects in more than one Member State, the supervisory authority for the main establishment of the controller or processor or for the single establishment of the controller or processor should act as lead authority...”

But what is Main Establishment?

Article 4, paragraph 16, gives us the definitions:

16) «Main establishment»:

a)as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment;

b)as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations

under this Regulation.

To advise the controller on the mitigation of privacy risks to protect the controller from liability claims for non-compliance. Incorrect. The supervisory authority has the task to monitor compliance and to advise on enhancements, but its purpose is not to protect the controller.

To fulfill the obligation in the GDPR to implement appropriate technical and organizational measures for data protection. Incorrect. The audit is not the implementation of the measures, but an assessment of the effectiveness of them.

To monitor and enforce the application of the GDPR by assessing that processing is performed in compliance with the GDPR. Correct. According to the GDPR this is an important task of a supervisory authority. (Literature: A, Chapter 7; GDPR Article 57 (1)(a))

There are some types of cookies, each with its own purpose.

Cookies are considered personal data, as they can identify a person.

In the case of the issue we are talking about the Tracking Cookies. These monitor our browsing activities and bombard us with advertisements and advertisements.

You may have already encountered the situation of searching for a particular product on the internet and then seeing ads for that product or similar on various websites.

When a project includes technologies or processes that use personal data. Incorrect. Only for technologies and processes that are likely to result in a high risk to the rights of data subjects is the DPIA mandatory.

When processing is likely to result in a high risk to the rights of data subjects. Correct. For processing operations which are likely to result in a high risk, a DPIA is obligatory to assess those risks and to design mitigation measures. (Literature: A, Chapter 6; GDPR Article 35)

When similar processing operations with comparable risks are repeated. Incorrect. This is a case in which a DPIA does not need to be repeated.

Yes, because the shopkeeper cannot identify the owner of the telephone. Incorrect. The issue is not whether the shopkeeper can identify the visitor, but that it is technically possible to do so.

Yes, because the visitor has automatically consented by connecting to the Wi-Fi. Incorrect. Consent must be an active, informed and free act of agreement to the processing. To see a MAC-address, the visitor does not need to be logged onto the Wi-Fi.

No, because the telephones MAC-address must be regarded as personal data. Correct. The phone’s signal is a unique code that can be linked to the owner of the phone. The data must be regarded as personal data, because it is technically possible to identify the visitor. (Literature: A, Chapter 3; GDPR Article 26 and 30)

No, because the telephone providers are the owners of the MAC-addresses. Incorrect. The shopkeeper is not allowed to keep the data or process it because it must be regarded as personal data. The telephone provider is not the owner of the MAC-address, nor is the telephone provider protected by the GDPR.

Whereas Recital 170 mentions: “Since the objective of this Regulation, namely to ensure an equivalent level of protection of natural persons and the free flow of personal data throughout the Union, cannot be sufficiently

achieved by the Member States and can rather, by reason of the scale or effects of the action, be better

achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective”.

Subsidiarity is a principle that says that personal data can only be processed if there are no other means to achieve the objective. Therefore, the less personal data used, the less the chances of violating privacy.

Note that in the quotation in Recital 170 above, the principle of proportionality was highlighted in bold. Equally important to subsidiarity. Proportionality says that personal data must be collected according to the purpose of processing, that is proportional, and data that will not be used for the purpose should not be collected.

These two principles Subsidiarity and Proportionality are constantly charged in the EXIN exam.

When we talk about protection by design, we are considering data protection throughout the data lifecycle, from collection, processing, sharing, storage and deletion.

When we focus on protecting data at all of these stages, the risk of not meeting any legal obligations is significantly reduced.