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NEW QUESTION # 66
Question:
All the statements below regarding thelawfulness of processingare correct,except:
Answer: B
Explanation:
UnderArticle 6 of GDPR, there aresix legal basesfor data processing.Consent is only one of them, and processing isnot always dependent on obtaining consent.
* Option B is correctbecauseGDPR does not require consent for all processing activities; processing can also be based oncontractual necessity, legal obligations, vital interests,public tasks, or legitimate interests.
* Option A is incorrectbecausecontractual necessity is a valid legal basis for processing.
* Option C is incorrectbecausevital interests(e.g., processing in medical emergencies)are a valid legal basis.
* Option D is incorrectbecauselegitimate interests can justify processing, provided theydo not override the rights of data subjects.
References:
* GDPR Article 6(1)(Lawfulness of processing)
* Recital 40(Processing should be lawful and justified)
NEW QUESTION # 67
Question:
Which of the followingscenarios does NOT require conducting a DPIA?
Answer: C
Explanation:
UnderArticle 35(1) of GDPR, aDPIA is not requiredwhen processing isbased on a legal obligationunder EU or national law.
* Option A is correctbecauselegal obligations provide a lawful basis for processing, making DPIAs unnecessary unless explicitly required by law.
* Option B is incorrectbecausehealth and genetic data are special categories of data, requiring a DPIA under Article 35(3)(b).
* Option C is incorrectbecauseprofiling and behavioral analysis require a DPIA, as perArticle 35(3) (a).
* Option D is incorrectbecauseworkplace surveillance with AI requires a DPIA, as it involves automated monitoring.
References:
* GDPR Article 35(1)(DPIA requirement for high-risk processing)
* Recital 91(Health data and large-scale profiling require DPIAs)
NEW QUESTION # 68
Question:
Organization XYZ has just appointed aDPO. As such, XYZ needs toestablish the DPO's rolein the employment contract.
Which of the statements belowholds true?
Answer: A
Explanation:
UnderArticle 39(1)(e) of GDPR, theDPO acts as a contact point for supervisory authoritiesand must be readily accessible for regulatory inquiries and investigations.
* Option A is correctbecauseGDPR explicitly states that the DPO serves as a liaison between the organization and the supervisory authority.
* Option B is incorrectbecausethe controller and processor are independent entities under GDPR, and the DPO does not facilitate their relationship.
* Option C is incorrectbecausethe DPO does not act as a communication channel for internal company matters.
* Option D is incorrectbecauseDPOs advise and monitor but do not make operational decisions.
References:
* GDPR Article 39(1)(e)(DPO is a contact point for the supervisory authority)
* Recital 97(DPO's role in ensuring compliance)
NEW QUESTION # 69
Scenario 9:Soin is a French travel agency with the largest network of professional travel agents throughout Europe. They aim to create unique vacations for clients regardless of the destinations they seek. The company specializes in helping people find plane tickets, reservations at hotels, cruises, and other activities.
As any other industry, travel is no exception when it comes to GDPR compliance. Soin was directly affected by the enforcement of GDPR since its main activities require the collection and processing of customers' data.
Data collected by Soin includes customer's ID or passport details, financial and payment information, and contact information. This type of data is defined as personal by the GDPR; hence, Soin's data processing activities are built based on customer's consent.
At the beginning, as for many other companies, GDPR compliance was a complicated issue for Soin.
However, the process was completed within a few months and later on the company appointed a DPO. Last year, the supervisory authority of France, requested the conduct of a data protection external audit in Soin without an early notice. To ensure GDPR compliance before an external audit was conducted, Soin organized an internal audit. The data protection internal audit was conducted by the DPO of the company. The audit was initiated by firstly confirming the accuracy of records related to all current Soin's data processing activities.
The DPO considered that verifying compliance to Article 30 of GDPR would help in defining the data protection internal audit scope. The DPO noticed that not all processing activities of Soin were documented as required by the GDPR. For example, processing activities records of the company did not include a description of transfers of personal data to third countries. In addition, there was no clear description of categories of personal data processed by the company. Other areas that were audited included content of data protection policy, data retention guidelines, how sensitive data is stored, and security policies and practices.
The DPO conducted interviews with some employees at different levels of the company. During the audit, the DPO came across some emails sent by Soin's clients claiming that they do not have access in their personal data stored by Soin. Soin's Customer Service Department answered the emails saying that, based on Soin's policies, a client cannot have access to personal data stored by the company. Based on the information gathered, the DPO concluded that there was a lack of employee awareness on the GDPR.
All these findings were documented in the audit report. Once the audit was completed, the DPO drafted action plans to resolve the nonconformities found. Firstly, the DPO created a new procedure which could ensure the right of access to clients. All employees were provided with GDPR compliance awareness sessions.
Moreover, the DPO established a document which described the transfer of personal data to third countries and the applicability of safeguards when this transfer is done to an international organization.
Based on this scenario, answer the following question:
To whom should the DPO of Soin report the situations observed during the data protection internal audit?
Answer: A
Explanation:
Under GDPR Article 38(3), the DPO must report directly to the highest level of management. The DPO provides guidance and recommendations but does not report directly to the supervisory authority unless required under Article 58 (e.g., in case of noncompliance or high-risk processing activities). Internal auditors may be involved, but the primary responsibility for GDPR compliance lies with top management.
NEW QUESTION # 70
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?
Answer: A
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 # 71
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