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Download Certified Information Privacy Professional/Europe (CIPP/E) Exam Dumps

NEW QUESTION 37

SCENARIO

Please use the following to answer the next question:

Ben is a member of the fitness club STAYFIT. This company has branches in many EU member states, but for the purposes of the GDPR maintains its primary establishment in France. Ben lives in Newry, Northern Ireland (part of the U.K.), and commutes across the border to work in Dundalk, Ireland. Two years ago while on a business trip, Ben was photographed while working out at a branch of STAYFIT in Frankfurt, Germany. At the time, Ben gave his consent to being included in the photograph, since he was told that it would be used for promotional purposes only. Since then, the photograph has been used in the club's U.K. brochures, and it features in the landing page of its U.K. website. However, the fitness club has recently fallen into disrepute due to widespread mistreatment of members at various branches of the club in several EU member states. As a result, Ben no longer feels comfortable with his photograph being publicly associated with the fitness club.

After numerous failed attempts to book an appointment with the manager of the local branch to discuss this matter, Ben sends a letter to STAYFIT requesting that his image be removed from the website and all promotional materials. Months pass and Ben, having received no acknowledgment of his request, becomes very anxious about this matter. After repeatedly failing to contact STAYFIT through alternate channels, he decides to take action against the company.

Ben contacts the U.K. Information Commissioner's Office ('ICO' - the U.K.'s supervisory authority) to lodge a complaint about this matter.

Assuming that multiple STAYFIT branches across several EU countries are acting as separate data controllers, and that each of those branches were responsible for mishandling Ben's request, how may Ben proceed in order to seek compensation?

  • A. He will be able to sue any one of the relevant STAYFIT branches, as each one may be held liable for the entire damage.
  • B. He will have to sue the STAYFIT's head office in France, where STAYFIT has its main establishment.
  • C. He will have to sue each STAYFIT branch so that each branch provides proportionate compensation commensurate with its contribution to the damage or distress suffered by Ben.
  • D. He will be able to apply to the European Data Protection Board in order to determine which particular STAYFIT branch is liable for damages, based on the decision that was made by the board.

Answer: B

Explanation:

Explanation/Reference:

NEW QUESTION 38

Which of the following is NOT considered a fair processing practice in relation to the transparency principle?

  • A. Providing a multi-layered privacy notice, in a website environment.
  • B. Providing a "just-in-time" contextual pop-up privacy notice, in an online application from field.
  • C. Providing a hyperlink to the organization's home page, in a hard copy application form.
  • D. Providing a QR code linking to more detailed privacy notice, in a CCTV sign.

Answer: A

NEW QUESTION 39

Which of the following was the first to implement national law for data protection in 1973?

  • A. United Kingdom
  • B. Germany
  • C. Sweden
  • D. France

Answer: C

NEW QUESTION 40

How is the retention of communications traffic data for law enforcement purposes addressed by European data protection law?

  • A. The ePrivacy Directive harmonizes EU member states' rules concerning such data retention.
  • B. The Data Retention Directive's annulment makes such data retention now permissible.
  • C. The ePrivacy Directive allows individual EU member states to engage in such data retention.
  • D. The GDPR allows the retention of such data for the prevention, investigation, detection or prosecution of criminal offences only.

Answer: D

Explanation:

Reference https://www.law.kuleuven.be/citip/en/archive/copy_of_publications/440retention-of-traffic-data- dumortier-goemans2f90.pdf (9)

NEW QUESTION 41

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