CIPP/E Examination Prep Study Guide
Prohibition of cross border data transfers under Data Privacy Directive 95/46/EC apply when -
ANS - data transferred from a jurisdiction in the EU to a third country.
What treaty or
...
CIPP/E Examination Prep Study Guide
Prohibition of cross border data transfers under Data Privacy Directive 95/46/EC apply when -
ANS - data transferred from a jurisdiction in the EU to a third country.
What treaty or convention allowed the Data Protection Directive 95/46/EC to be used as a
harmonising measure for European Member states. - ANS - The Treaty of Rome
Direct marketing would include: - ANS - Email promoting new book on sale.
What two opposing forces needed to be considered in formulating a privacy framework in the
European Economic Community? - ANS - Concerns for personal freedom and privacy and
ability to support free trade.
What principle is contained in art 12 of the Human Rights Declaration? - ANS - The right to a
private life and associated freedoms.
What right is protected by art 19 of the Human Rights Declaration? - ANS - The right to freedom
of opinion and expression.
Which article of the Human Rights Declaration reconciles articles 12 and 19 and how is it stated?
- ANS - Article 29(2) states that individual rights are not absolute and there are instances where a
balance must be struck to limit their exercise.
What was the purpose of the European Convention on Human Rights? - ANS - It was an
international treaty to protect human rights and fundamental freedoms.
Name special categories of data. - ANS - Racial or ethnic origin, political affiliations/opinions,
health information, sex life, religious beliefs, trade union membership.p 58
What are the specific rights enumerated in the ECHR? - ANS - right to life, prohibition of
torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial,
no punishment w/o law, respect for private and family life, freedom of thought, conscience and
religion, freedom of expression, freedom of assembly and association, right to marry, right to an
effective remedy and prohibition of discrimination.
What are the two rights provided under article 8 of the ECHR? - ANS - 1. right to respect for
private and family life and his correspondence.
2. No interference by public authority of this right except in accordance to law and is necessary
in a democratic society in the interest of national security public safety...
What does article 10 of the ECHR deal with? - ANS - Right to freedom of expression and to
share information and ideas across borders but qualified so as to protect the privacy of
individuals
What are the obligations imposed on EU member states as seen under the Data Protection
Directive 95/45/EC or the Data Protection Director or 'the Directive'? - ANS - The Directive sets
out general principles and leaves the member states to implement these principles as they see fit.
p 38
What are the exceptions to the consent required for cookies under the e-Privacy directive
2002/58/EC? - ANS - where 1) storage or access is for the sole purpose of carrying out
transmission of communication over an electronic network and 2) strictly necessary for
information service explicitly requested by user p 43
What is the most pertinent amendment to the e-Privacy Directive? - ANS - Cookies require prior
information and consent. p 43
When could a data controller collect data from 3rd parties without notification to the data
subjects under Data Protection Directive 95/49/EC? - ANS - A pre-approved marketing effort. p
43.
Who makes sure directive are implemented properly by the member states? - ANS - The
European Commission. p 27-28
What institution adopts adequacy findings(by which non members are regarded as providing
adequate levels of data protections) for the European Union? - ANS - The European
Commission. p 29
Which directive or convention contains specific provisions for data breaches? - ANS - The
Privacy and Electronic Communications Directive. p 42
What is the exemption in the e-Privacy Directive 2002/58/EC allowing data controllers to send
electronic marketing information? - ANS - The recipients are existing customers. p 43.
Under the Data Protection Directive (95/46/EC) what type of data subject is not covered? - ANS
- Legal persons would seem not to be but is not prohibited either(and some local laws afford
some protection) and also deceased individuals do not constitute 'natural persons' although in
some member states (Italy) data protection rules apply to deceased individuals under certain
circumstances. p 63.
Name some of the conditions to be satisfied in order to process personal data in line with
European Data Protection concepts/principles. - ANS - Obtained and processed fairly and
lawfully, for legitimate purposes, adequate/relevant/not excessive for purposes, accurate/up to
date, preserved for no longer than required. p 81
Name an incompatible purpose for processing data beyond originally specified purpose. - ANS -
Performance of a contract. If this were not true, then a mere contract would allow processing
data for any purpose. One exception is research p 87- specifically allowed p 85-86.
In the Data Protection Directive 95/46/EC what is "any freely given specific and informed
indication of his wishes by which the data subject signifies his agreement to persona data relating
to him being processed"? - ANS - Unambiguous consent. p 94
Under Data Protection Directive 95/46/EC what info must be included in the notification of data
processing? - ANS - Name of the data controller processing data and the purpose of the
processing. p 109
If personal data is not obtained directly from the data subject when should fair processing
information be provided? - ANS - At the time personal data is recorded or if disclosure to 3rd
party contemplated then no later than at the time data is first disclosed. p 111
When should a company respond to a former employee's request for his personal information
(email, etc.)? - ANS - ASAP-taking into account local data protection rules. p 126
Within what period of time must a company respond to a former employees data requrest? - ANS
- As soon as possible and within the national legal requirement. p 126
What should a company do in response to a former employee's request for his email
correspondence during his employment? - ANS - Since the company must not infringe the right
to privacy of third parties also identified in the data, affected employees may need to be
informed and consent obtained before rele
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