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QUESTION NO: 1
We know that when a personal data breach occurs, the data controller (Controller) must notify the Supervisory Authority within 72 hours, without justified delay. However, should the
Controller do if it is unable to communicate within this time?
A. Do not notify and seek ways to hide the violation so that the Supervisory Authority or the titleholders are made aware
B. Send the notification, even after 72 hours, accompanied by the reasons for the delay
Section: (none) Explanation
C. Send the notification with the date of the violation changed, to remain within 72 hours.
D. After 72 hours there is no longer any need to send notification of personal data breach.
Answer: B
Explanation:
Article 33 which deals with "Notification of a personal data breach to the supervisory authority" in its paragraph 1 legislates:
1. In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent in accordance with Article 55, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within 72 hours, it shall be accompanied by reasons for the delay.
QUESTION NO: 2
When is a Data Protection Impact Assessment (DPIA) under the General Data Protection
Regulation (GDPR) mandatory?
A. Application of new technologies that may imply a high risk to the rights and freedoms of data subjects.
B. There is no security policy and information security risk analysis.
C. In all types of personal data processing.
Answer: A
Explanation:
Whenever a new technology is applied, a DPIA must be performed. In addition, a DPIA must be performed before starting the processing of personal data. This is important to check for risks to data subjects since data collection.
In its Article 35 the GDPR legislates on the Impact assessment on data protection.
1. Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.
QUESTION NO: 3
What year did the General Data Protection Regulation (GDPR) come into force?
A. 2017
B. 2016
C. 2018
D. 2019
Answer: C
Explanation:
The deadline for companies to adapt and comply with GDPR was May 25, 2018. This is an important date and should be memorized. It is common to have this question in this exam.
Article 99 of GDPR
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2. It shall apply from 25 May 2018.
QUESTION NO: 4
A company wishes to use personal data of their customers. They wish to start sending all female customers a customized newsletter. What right do all data subjects have in this scenario?
A. The right to rectification
B. The right to object to profiling
C. The right to compensation
Answer: B
Explanation:
The right to compensation. Incorrect. It is unlikely that all data subjects will suffer harm that must be compensated in this scenario.
The right to object to profiling. Correct. All data subjects have a right to object to the processing of personal data for direct marketing, including profiling. This is clearly profiling.
(Literature: A, Chapter 4) The right to rectification. Incorrect. It is unlikely that the company has incorrect data on all data subjects, so the right to rectification does not apply.
QUESTION NO: 5
According to the GDPR, in what situation must data subjects always be notified of a personal data breach?
A. When there is a significant probability that the breach will lead to a high risk for the privacy of the data subjects
B. When the system on which the personal data is processed is attacked causing damage to its storage devices
C. When personal data is processed by a party that agreed to the draft processing contract but has not yet signed it
D. When personal data is processed at a facility of the processor that is not located within the borders of the EEA
Answer: A
Explanation:
When personal data is processed at a facility of the processor that is not located within the borders of the EEA. Incorrect. The location where the data is processed is of no significance to the obligation to notify data subjects of personal data breaches.
When personal data is processed by a party that agreed to the draft processing contract but has not yet sign it. Incorrect. Personal data processed by another party than the controller without a valid written contract is considered a personal data breach. In the given situation however, negative consequences for the data subjects are unlikely. Notifying the data subject is not obligatory in that case.
When the system on which the personal data is processed is attacked causing damage to its storage devices. Incorrect. Damage to storage devices will make access to the data difficult or even impossible but does not imply illegal processing.
When there is a significant probability that the breach will lead to a high risk for the privacy of the data subjects. Correct. If there is a significant probability of negative impact on the data subjects, the controller is obliged to notify them of the breach. (Literature: A, Chapter 5)
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Updated: May 27, 2022