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

According to the General Data Protection Regulation (GDPR), a data processor is a natural or legal person, agency, public authority, or any other body who processes personal data on behalf of a data controller. A data controller is a natural or legal person, agency, public authority, or any other body who, alone or jointly with others, determines the purposes and means of the processing of personal data. The GDPR imposes specific obligations and responsibilities on both data controllers and data processors, and requires them to enter into a written contract or other legal act that sets out the subject matter, duration, nature, and purpose of the processing, as well as the obligations and rights of the data controller.

In this scenario, BHealthy is the data controller, as it determines the purpose and means of collecting and sharing its customer information with Natural Insight. Natural Insight is the data processor, as it processes the customer information on behalf of BHealthy for the purpose of determining the price point for BHealthy’s new sunscreens. However, Natural Insight also intends to use the customer information for its own purpose of improving its algorithms, which may not be aligned with BHealthy’s purpose or instructions. This may constitute a breach of the data processing contract and the GDPR, as the data processor must only process the personal data on documented instructions from the data controller, unless required to do so by EU or member state law (Article 28(3)(a) of the GDPR).

Therefore, the only case in which Natural Insight’s use of BHealthy’s data for improvement of its algorithms would be considered data processor activity is if Natural Insight receives express contractual instructions from BHealthy to use its data for improving its algorithms. This would mean that BHealthy has given its consent and authorization for Natural Insight to process the data for that specific purpose, and that Natural Insight is acting in accordance with BHealthy’s instructions. In this case, Natural Insight would still be bound by the data processing contract and the GDPR, and would have to comply with the other obligations and requirements of a data processor, such as ensuring the security of the data, respecting the conditions for engaging another processor, assisting the data controller in ensuring compliance with the GDPR, and deleting or returning the data to the data controller after the end of the service.

The other options are not valid cases for data processor activity, as they do not involve the data controller’s instructions or consent. If Natural Insight uses BHealthy’s data for improving price point predictions only for BHealthy, it may still be processing the data for a different purpose than the one for which it was collected and shared, and without BHealthy’s knowledge or approval. If Natural Insight agrees to be fully liable for its use of BHealthy’s customer information in its product improvement activities, it may still be violating the data processing contract and the GDPR, as it is not acting on behalf of the data controller, but for its own benefit. If Natural Insight satisfies the transparency requirement by notifying BHealthy’s customers of its plans to use their information for its product improvement activities, it may still be infringing the data controller’s rights and obligations, as it is not the data controller’s role to inform the data subjects of the processing activities, and it may not have a lawful basis for processing the data for its own purpose.

References:

• GDPR
• Data Controllers and Processors - GDPR EU
• Who does the UK GDPR apply to? | ICO
• What Activities Count as Processing Under the GDPR?
• What constitutes data processing? - European Commission

According to the CJEU, the ePrivacy Directive does not define the concept of consent, but refers to the GDPR for its interpretation1. Therefore, the GDPR standard of consent applies to the use of cookies and similar technologies that require consent under the ePrivacy Directive. The GDPR defines consent as any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her2. The CJEU also clarified that the consent requirements apply regardless of whether the cookies constitute personal data or not, as the ePrivacy Directive covers any information stored or accessed on the user’s device1. The other options are incorrect, as the CJEU ruled that pre-checked boxes, implicit consent by scrolling, and insufficient information on the cookies do not meet the GDPR standard of consent1. References:

• Free CIPP/E Study Guide, page 14, section 2.3
• GDPR, Article 4 (11)
• ePrivacy Directive, Article 5 (3)
• Planet49: CJEU Rules on Cookie Consent
• CURIA - List of results

 A data protection impact assessment (DPIA) is a process to help identify and minimise the data protection risks of a project that involves personal data, especially when using new technologies or processing that is likely to result in a high risk to individuals1. The UK GDPR requires data controllers to carry out a DPIA before starting such processing and to consult the supervisory authority if the DPIA indicates a high risk that cannot be mitigated1. The UK GDPR also provides some general guidance on the content and methodology of a DPIA, but it does not prescribe a specific format or procedure1. Therefore, to effectively assist Zandelay in conducting their DPIA, it would be helpful to refer to existing DPIA guides published by local supervisory authorities, such as the ICO in the UK or the DPC in Ireland23. These guides offer more detailed and practical advice on how to conduct a DPIA, what to include in it, how to assess and mitigate the risks, and when to consult the authority23. They also provide templates, checklists, examples, and case studies to illustrate the DPIA process23. By following these guides, Zandelay can ensure that their DPIA is comprehensive, consistent, and compliant with the UK GDPR and the relevant national laws.

The other options are not as effective as option C, because:

• Option A: Information about DPIAs found in Articles 38 through 40 of the UK GDPR is too general and vague to assist Zandelay in conducting their DPIA. These articles only outline the basic requirements and principles of a DPIA, but do not provide any specific guidance on how to conduct one, what to include in it, or how to assess and mitigate the risks1. Zandelay would need more detailed and practical advice to effectively perform a DPIA.
• Option B: Data breach documentation that data controllers are required to maintain is not relevant to conducting a DPIA. A data breach is a security incident that leads to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data1. A data controller must document any data breaches, including the facts, effects, and remedial actions taken, and notify the supervisory authority and the affected individuals without undue delay1. However, a data breach is not the same as a data protection risk, which is the potential for adverse effects on individuals as a result of the processing of their personal data2. A DPIA is a proactive and preventive measure to identify and minimise the data protection risks of a project, not a reactive and corrective measure to deal with the consequences of a data breach2.
• Option D: Records of processing activities that data controllers are required to maintain are not sufficient to assist Zandelay in conducting their DPIA. A record of processing activities is a document that contains information about the purposes, categories, recipients, transfers, retention periods, and security measures of the processing of personal data by a data controller or a data processor1. A data controller must maintain a record of processing activities under its responsibility and make it available to the supervisory authority upon request1. However, a record of processing activities is not the same as a DPIA, which is a more in-depth and systematic analysis of the data protection risks and the measures to address them2. A record of processing activities may provide some useful information for a DPIA, such as the nature, scope, context, and purposes of the processing, but it does not cover other aspects, such as the necessity, proportionality, compliance, and impact of the processing2.