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PECB GDPR Fragen Und Antworten, GDPR Exam

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PECB GDPR Prüfungsplan:

Thema
Einzelheiten

Thema 1

This section of the exam measures the skills of Data Protection Officers and covers fundamental concepts of data protection, key principles of GDPR, and the legal framework governing data privacy. It evaluates the understanding of compliance measures required to meet regulatory standards, including data processing principles, consent management, and individuals' rights under GDPR.

Thema 2

Data protection concepts: General Data Protection Regulation (GDPR), and compliance measures

Thema 3

Technical and organizational measures for data protection: This section of the exam measures the skills of IT Security Specialists and covers the implementation of technical and organizational safeguards to protect personal data. It evaluates the ability to apply encryption, pseudonymization, and access controls, as well as the establishment of security policies, risk assessments, and incident response plans to enhance data protection and mitigate risks.

Thema 4

Roles and responsibilities of accountable parties for GDPR compliance: This section of the exam measures the skills of Compliance Managers and covers the responsibilities of various stakeholders, such as data controllers, data processors, and supervisory authorities, in ensuring GDPR compliance. It assesses knowledge of accountability frameworks, documentation requirements, and reporting obligations necessary to maintain compliance with regulatory standards.

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PECB Certified Data Protection Officer GDPR Prüfungsfragen mit Lösungen (Q67-Q72):

67. Frage
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:
According to scenario 9, the DPO drafted and implemented all action plans to resolve the nonconformities found. Is this acceptable?

A. Yes, the DPO is responsible for drafting, implementing, and reviewing corrections and corrective actions
B. No, the DPO should only evaluate and follow up on action plans submitted in response to nonconformities
C. No, the DPO should implement action plans as arranged in order of priority by top management

Antwort: B

Begründung:
According to GDPR Article 39(1), the DPO's role is to monitor compliance, provide advice, and act as a point of contact for supervisory authorities. However, the DPO should not directly implement action plans, as this could create a conflict of interest (Recital 97). The responsibility for implementation lies with the controller or relevant departments, while the DPO ensures that the corrective actions align with GDPR requirements.

68. Frage
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. Step 2: 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 bedisplayed. 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:
Is aDPIA necessaryfor Bus Spot?

A. Yes, because the installation of a CCTV system in Bus Spot's buses involves asystematic and extensive evaluation of personal aspectsrelating to natural personsbased on automated processing.
B. No, because CCTV cameras used for security reasons are automaticallyexemptfrom GDPR requirements.
C. Yes, because the installation of aCCTV systemin Bus Spot's buses involvessystematic monitoring of a large number of individuals.
D. No, because the installation of a CCTV system in Bus Spot's buses doesnot involveprocessing of data that is likely to result in a high risk to the rights and freedoms of data subjects.

Antwort: C

Begründung:
UnderArticle 35(3)(c) of GDPR, a DPIA is requiredwhen a large-scale systematic monitoring of public spaces is conducted. CCTV cameras inpublic transportation capture many individuals, making a DPIA mandatory.
* Option A is correctbecauseCCTV monitoring in public spaces is considered high-risk processing.
* Option B is incorrectbecause CCTV processingdoes not involve automated decision-making or profiling.
* Option C is incorrectbecauseCCTV processing affects a large number of individuals, posing potential risks.
* Option D is incorrectbecausesecurity cameras are subject to GDPR unless used for purely household purposes (Recital 18).
References:
* GDPR Article 35(3)(c)(DPIA requirement for systematic monitoring)
* Recital 91(Use of DPIA in video surveillance)

69. Frage
Which statement below regarding the difference between anonymization and pseudonymization is correct?

A. 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
B. 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
C. 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

Antwort: B

Begründung:
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.

70. Frage
Scenario3:
COR Bank is an international banking group that operates in 31 countries. It was formed as the merger of two well-known investment banks in Germany. Their two main fields of business are retail and investment banking. COR Bank provides innovative solutions for services such as payments, cash management, savings, protection insurance, and real-estate services. COR Bank has a large number of clients and transactions.
Therefore, they process large information, including clients' personal data. Some of the data from the application processes of COR Bank, including archived data, is operated by Tibko, an IT services company located in Canada. To ensure compliance with the GDPR, COR Bank and Tibko have reached a data processing agreement Basedon the agreement, the purpose and conditions of data processing are determined by COR Bank. However, Tibko is allowed to make technical decisions for storing the data based on its own expertise. COR Bank aims to remain a trustworthy bank and a long-term partner for its clients. Therefore, they devote special attention to legal compliance. They started the implementation process of a GDPR compliance program in 2018. The first step was to analyze the existing resources and procedures. Lisa was appointed as the data protection officer (DPO). Being the information security manager of COR Bank for many years, Lisa had knowledge of the organization's core activities. She was previously involved in most of the processes related to information systems management and data protection. Lisa played a key role in achieving compliance to the GDPR by advising the company regarding data protection obligations and creating a data protection strategy. After obtaining evidence of the existing data protection policy, Lisa proposed to adapt the policy to specific requirements of GDPR. Then, Lisa implemented the updates of the policy within COR Bank. To ensure consistency between processes of different departments within the organization, Lisa has constantly communicated with all heads of GDPR. Then, Lisa implemented the updates of the policy within COR Bank. To ensure consistency between processes of different departments within the organization, Lisa has constantly communicated with all heads of departments. As the DPO, she had access to several departments, including HR and Accounting Department. This assured the organization that there was a continuous cooperation between them. The activities of some departments within COR Bank are closely related to data protection. Therefore, considering their expertise, Lisa was advised from the top management to take orders from the heads of those departments when taking decisions related to their field. Based on this scenario, answer the following question:
Question:
According to scenario 3,Tibko stores archived data on behalf of COR Bank. This means that Tibko is a:

A. Data controller, since they control some of the data from the application processes of COR Bank.
B. Independent controller, since Tibko handles data security and storage.
C. Joint controller with COR Bank, since they archive COR Bank's data and take technical decisions regarding data protection.
D. Data processor, since they store COR Bank's data based on the purpose and conditions defined by COR Bank.

Antwort: D

Begründung:
UnderArticle 4(8) of GDPR, adata processorprocesses personal dataon behalf of a controlleranddoes not determinethe purpose of processing. Tibkoonly stores and managesdata butdoes not decidewhy it is processed.
* Option B is correctbecause Tibko acts as aprocessorfor COR Bank.
* Option A is incorrectbecause Tibkodoes not determine data processing purposes.
* Option C is incorrectbecausejoint controllersmust jointly decide on processing purposes.
* Option D is incorrectbecauseTibko does not act as an independent controller.
References:
* GDPR Article 4(8)(Definition of a processor)
* GDPR Article 28(Processor obligations)

71. Frage
Scenario4:
Berc is a pharmaceutical company headquartered in Paris, France, known for developing inexpensive improved healthcare products. They want to expand to developing life-saving treatments. Berc has been engaged in many medical researches and clinical trials over the years. These projects required the processing of large amounts of data, including personal information. Since 2019, Berc has pursued GDPR compliance to regulate data processing activities and ensure data protection. Berc aims to positively impact human health through the use of technology and the power of collaboration. They recently have created an innovative solution in participation with Unty, a pharmaceutical company located in Switzerland. They want to enable patients to identify signs of strokes or other health-related issues themselves. They wanted to create a medical wrist device that continuously monitors patients' heart rate and notifies them about irregular heartbeats. The first step of the project was to collect information from individuals aged between 50 and 65. The purpose and means of processing were determined by both companies. The information collected included age, sex, ethnicity, medical history, and current medical status. Other information included names, dates of birth, and contact details. However, the individuals, who were mostly Berc's and Unty's customers, were not aware that there was an arrangement between Berc and Unty and that both companies have access to their personal data and share it between them. Berc outsourced the marketing of their new product to an international marketing company located in a country that had not adopted the adequacy decision from the EU commission. However, since they offered a good marketing campaign, following the DPO's advice, Berc contracted it. The marketing campaign included advertisement through telephone, emails, and social media. Berc requested that Berc's and Unty's clients be first informed about the product. They shared the contact details of clients with the marketing company.Based on this scenario, answer the following question:
Question:
Based on scenario 4,Berc followed the DPO's advice for outsourcing an international marketing companyin the absence of an adequacy decision. Is the DPO responsible for evaluating this case?

A. No, because the marketing company operates under the same data protection rules as Berc.
B. Yes, the DPO takes the final decision on transferring personal data to an international company in the absence of an adequacy decision.
C. Yes, the DPO should evaluate cases where an adequacy decision is absent.
D. No, the controller or processor should evaluate cases when the adequacy decision is absent.

Antwort: D

Begründung:
UnderArticle 44 of GDPR, thecontroller (Berc)is responsible forensuring lawful data transfers. TheDPO advises on compliancebut doesnot make final decisionson data transfers.
* Option C is correctbecause thecontroller (Berc) must evaluate the legality of the transfer.
* Option A is incorrectbecauseDPOs provide advice but do not evaluate data transfer legality.
* Option B is incorrectbecauseDPOs do not have executive decision-making authority.
* Option D is incorrectbecausedata protection rules vary by jurisdiction, making this assumption incorrect.
References:
* GDPR Article 44(General principle for transfers)
* GDPR Article 39(1)(a)(DPO's advisory role)

72. Frage
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