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PECB Certified Data Protection Officer GDPR Prüfungsfragen mit Lösungen (Q32-Q37):

32. Frage
Question:
Based onArticle 58 of GDPR, whatpowersmust thesupervisory authorityhave?

• A. Toassign the tasks of the controller or the processorand monitor their implementation.
• B. Toapprove all privacy policiesbefore they are implemented.
• C. Toappoint a single DPOin a group of undertakings.
• D. Toobtain access to any premisesof the controller and processor, including data processing equipment.

Antwort: D

Begründung:
UnderArticle 58 of GDPR,supervisory authorities have investigative and corrective powers, includingthe ability to access premises and equipmentused for personal data processing.
* Option B is correctbecausesupervisory authorities can investigate controllers and processors, including accessing IT systems.
* Option A is incorrectbecausesupervisory authorities do not appoint DPOs; controllers and processors must do this themselves.
* Option C is incorrectbecausesupervisory authorities do not manage controllers' or processors' tasks.
* Option D is incorrectbecausesupervisory authorities do not pre-approve privacy policies.
References:
* GDPR Article 58(1)(f)(Supervisory authorities can access premises and data)
* Recital 129(Authorities must have investigation powers)

33. Frage
Scenario 8:MA store is an online clothing retailer founded in 2010. They provide quality products at a reasonable cost. One thing that differentiates MA store from other online shopping sites is their excellent customer service.
MA store follows a customer-centered business approach. They have created a user-friendly website with well-organized content that is accessible to everyone. Through innovative ideas and services, MA store offers a seamless user experience for visitors while also attracting new customers. When visiting the website, customers can filter their search results by price, size, customer reviews, and other features. One of MA store's strategies for providing, personalizing, and improving its products is data analytics. MA store tracks and analyzes the user actions on its website so it can create customized experience for visitors.
In order to understand their target audience, MA store analyzes shopping preferences of its customers based on their purchase history. The purchase history includes the product that was bought, shipping updates, and payment details. Clients' personal data and other information related to MA store products included in the purchase history are stored in separate databases. Personal information, such as clients' address or payment details, are encrypted using a public key. When analyzing the shopping preferences of customers, employees access only the information about the product while the identity of customers is removed from the data set and replaced with a common value, ensuring that customer identities are protected and cannot be retrieved.
Last year, MA store announced that they suffered a personal data breach where personal data of clients were leaked. The personal data breach was caused by an SQL injection attack which targeted MA store's web application. The SQL injection was successful since no parameterized queries were used.
Based on this scenario, answer the following question:
Which de-identification method has MA store used when analyzing the shopping preferences of its customers?

• A. Scrambling
• B. Generalizing data with k-anonymity
• C. Differential privacy

Antwort: B

Begründung:
MA Store replaces customer identities with a common value when analyzing shopping preferences, ensuring that the data subject's identity cannot be retrieved. This method aligns withk-anonymity, where personal identifiers are removed or generalized to protect individuals from re-identification. The goal of k-anonymity is to prevent unique identification by ensuring that each data entry is indistinguishable from at least k-1 other entries. This is an effective way to process data while maintaining compliance with GDPR principles of data minimization (Article 5(1)(c)) and anonymization.

34. Frage
Scenario3:
COR Bank is an international banking group that operates in 31 countries. It was formed as themerger 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 Based on 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:
Based on scenario 3,Lisa was advised to take orders from the heads of other departments. Is this acceptable under GDPR?

• A. Yes, only heads of departments within a financial institution are allowed to give orders to the DPO.
• B. No, the organization should not influence, nor put pressure on the DPO for any decision taken.
• C. Yes, the DPO shall take instructions and tasks from employee members if required by the organization.
• D. Yes, the DPO is responsible for following management directives while ensuring GDPR compliance.

Antwort: B

Begründung:
UnderArticle 38(3) of GDPR,the DPO must operate independently, without receivinginstructions regarding the execution of their tasks. A DPO should not bepressured or influencedby the organization when assessing data protection compliance.
* Option C is correctbecause GDPR explicitly states that DPOsmust act independently.
* Option A is incorrectbecauseno department headsshould interfere with the DPO's decisions.
* Option B is incorrectbecauseDPOs should not take orders on GDPR matters.
* Option D is incorrectbecause DPOsmust not be influenced by management, even if they provide general compliance guidance.
References:
* GDPR Article 38(3)(DPO independence)
* Recital 97(DPO's autonomy and protection from pressure)

35. Frage
Scenario 7: EduCCS is an online education platform based in Netherlands. EduCCS helps organizations find, manage, and deliver their corporate training. Most of EduCCS's clients are EU residents. EduCCS is one of the few education organizations that have achieved GDPR compliance since 2019. Their DPO is a full-time employee who has been engaged in most data protection processes within the organization. In addition to facilitating GDPR compliance, the DPO acts as an intermediary point between EduCCS and other relevant interested parties. EduCCS's users can benefit from the variety of up-to-date training library and the possibility of accessing it through their phones, tablets, or computers. EduCCS's services are offered through two main platforms: online learning and digital training. To use one of these platforms, users should sign on EduCCS's website by providing their personal information. Online learning is a platform in which employees of other organizations can search for and request the training they need. Through its digital training platform, on the other hand, EduCCS manages the entire training and education program for other organizations.
Organizations that need this type of service need to provide information about their core activities and areas where training sessions are needed. This information is then analyzed by EduCCS and a customized training program is provided. In the beginning, all IT-related services were managed by two employees of EduCCS.
However, after acquiring a large number of clients, managing these services became challenging That is why EduCCS decided to outsource the IT service function to X-Tech. X-Tech provides IT support and is responsible for ensuring the security of EduCCS's network and systems. In addition, X-Tech stores and archives EduCCS's information including their training programs and clients' and employees' data. Recently, X-Tech made headlines in the technology press for being a victim of a phishing attack. A group of three attackers hacked X-Tech's systems via a phishing campaign which targeted the employees of the Marketing Department. By compromising X-Tech's mail server, hackers were able to gain access to more than 200 computer systems. Consequently, access to the networks of EduCCS's clients was also allowed. Using EduCCS's employee accounts, attackers installed a remote access tool on EduCCS'scompromised systems. By doing so, they gained access to personal information of EduCCS's clients, training programs, and other information stored in its online payment system. The attack was detected by X-Tech's system administrator.
After detecting unusual activity in X-Tech's network, they immediately reported it to the incident management team of the company. One week after being notified about the personal data breach, EduCCS communicated the incident to the supervisory authority with a document that outlined the reasons for the delay revealing that due to the lack of regular testing or modification, their incident response plan was not adequately prepared to handle such an attack.Based on this scenario, answer the following question:
Question:
Based on scenario 7, didEduCCS comply with GDPRregardingdata breach notification requirements?

• A. No, EduCCS should havereported the breach directly to affected clientsbefore informing the supervisory authority.
• B. No, EduCCS' notification to thesupervisory authorityafterone weekviolates GDPR's requirementfor timely notification.
• C. Yes, EduCCS actedin compliancewith GDPR bynotifying the supervisory authority one week after the violation.
• D. Yes, EduCCS wasnot obligated to notifythe supervisory authority about the breach, since it occurred at itsIT service provider, X-Tech.

Antwort: B

Begründung:
UnderArticle 33(1) of GDPR, controllers mustreport a personal data breach to the supervisory authority within 72 hoursof becoming aware of it.EduCCS delayed notification beyond this timeframe, violating GDPR.
* Option A is correctbecauseEduCCS failed to notify the authority within 72 hours.
* Option B is incorrectbecauseEduCCS remains responsible for reporting the breach, even if it occurred atX-Tech.
* Option C is incorrectbecauseone-week delay violates GDPR's 72-hour requirement.
* Option D is incorrectbecausenotifying the supervisory authority is required first, unless the breach is unlikely to impact data subjects.
References:
* GDPR Article 33(1)(72-hour breach notification)
* Recital 85(Timely response to data breaches)

36. 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. Step2: 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 be displayed. 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:
You are appointed as theDPO of Bus Spot.
What action would yousuggestwhen reviewing the results of theDPIApresented in scenario 6?

• A. Reconducting a DPIA for each busof Bus Spot isnot necessary, since the nature, scope, context, and purpose of data processing are similar in all buses.
• B. Displaying the identity of Bus Spot, its contact number, and the purpose of data processingin each bus isnot necessary; furthermore, it breaches thedata protection principles defined by GDPR.
• C. Using a data processor for CCTV images is not in compliance with GDPR, since the data generated from the CCTV system should be controlled and processed by Bus Spot.
• D. The DPIA should be reviewed annually, as CCTV surveillance presents ongoing risks to data subjects' privacy.

Antwort: D

Begründung:
UnderArticle 35(11) of GDPR, controllersmust reassess DPIAs regularlyto account forchanging risksin processing activities likeCCTV surveillance.
* Option D is correctbecauseCCTV monitoring poses an ongoing risk, requiring periodic DPIA reviews.
* Option A is incorrectbecauseregular DPIA reviews are required, even if the data processing remains the same.
* Option B is incorrectbecausetransparency is a key principle of GDPR, and displaying information does not breach GDPR.
* Option C is incorrectbecausedata processors can process CCTV data as long as there is a processing agreement (Article 28).
References:
* GDPR Article 35(11)(Periodic DPIA review)
* Recital 90(Regular assessment of risks)

37. Frage
......

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