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NEW QUESTION # 20
How are data sharing practices governed by data protection law?
- A. Data sharing practices are subject to the PECR until the new statutory Code of Practice is published
- B. Data sharing practices are covered in the DPA 2018, supported by a statutory Code of Practice that provides specific guidance
- C. Data sharing practices are covered by the Freedom of Information Act
- D. Data sharing practices are not specifically regulated, however the ICO provide best practice guidance
Answer: B
Explanation:
Explanation
Data sharing is the disclosure of personal data from one or more organisations to a third party organisation or organisations, or the sharing of personal data within an organisation. Data sharing practices are governed by data protection law, which includes the UK GDPR and the Data Protection Act 2018 (DPA 2018). The DPA
2018 contains specific provisions on data sharing, such as the power of the Information Commissioner's Office (ICO) to issue a statutory Code of Practice on data sharing. The ICO has published a Data Sharing Code of Practice1 that provides practical guidance on how to share data in a fair, safe and transparent way, in compliance with the data protection principles and the rights of data subjects. The code is not legally binding, but it reflects the ICO's interpretation of the law and it may be used as evidence in legal proceedings or investigations. The code also contains useful tools, case studies andexamples that can help organisations to share data effectively and responsibly. References:
* Data Sharing Code of Practice1
NEW QUESTION # 21
If a complainant disagrees with the decision of the UK's supervisory authority, how do they appeal this decision?
- A. To the First Tier Tribunal (Information Rights)
- B. To the Information Commissioner
- C. To the European Commission
- D. To the European Data Protection Supervisor.
Answer: A
Explanation:
Explanation
If a complainant disagrees with the decision of the UK's supervisory authority, which is the Information Commissioner's Office (ICO), they have the right to appeal to the First Tier Tribunal (Information Rights).
The tribunal is an independent body that can review the ICO's decision and either uphold it, vary it or cancel it. The tribunal can also direct the ICO to take certain actions, such as issuing a decision notice or an enforcement notice. The appeal must be lodged within 28 days of receiving the ICO's decision, using the notice of appeal form and providing the relevant documents and grounds for appeal. The tribunal will then notify the ICO and the complainant of the appeal and the procedure for dealing with it. The tribunal may hold a hearing to examine the evidence and arguments of both parties, or decide the case on the basis of written submissions only. The tribunal will issue a written decision, which will be sent to both parties and published on the tribunal's website. The tribunal's decision can be further appealed tothe Upper Tribunal on a point of law, with the permission of the First Tier Tribunal or the Upper Tribunal. References:
* Information rights and data protection: appeal against the Information Commissioner1
* Notice of appeal form2
* First Tier Tribunal (Information Rights) website3
NEW QUESTION # 22
What does NOT have an exemption prescribed under schedule 3 of the Data Protection Act 2018?
- A. Health data
- B. Social Work Data.
- C. Education data, examination scripts and marks
- D. Credit checking agency data
Answer: D
NEW QUESTION # 23
What is the meaning of storage limitation in relation to UK GDPR Article 5 (1 )(e)?
- A. Storing data in a secure format only permitting access to those with a business need
- B. Keeping identifiable personal data for no longer than is necessary for the intended processing
- C. Only storing data in locations within the EU. except where there is an adequacy decision.
- D. Limiting the number of records stored in any single repository to minimise risk surface.
Answer: B
Explanation:
Explanation
Storage limitation is one of the principles of data protection under the UK GDPR. It means that personal data should not be kept in a form that allows identification of data subjects for longer than is necessary for the purposes for which the data are processed. The UK GDPR does not specify any fixed time limits for different types of data, but rather requires data controllers to determine and justify the appropriate retention periods for their processing activities, taking into account factors such as the nature, scope, context and purposes of the processing, the risks to the rights and freedoms of data subjects, and the legal obligations and expectations of the data controller. Data controllers should also have a policy setting out standard retention periods where possible, and review the data they hold regularly to ensure that it is erased or anonymised when it is no longer needed. Data subjects have the right to request the erasure of their personal data if the data controller no longer has a lawful basis or a legitimate interest for keeping it. The UK GDPR allows for some exceptions to the storage limitation principle, such as when the personal data is processed solely forarchiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to appropriate safeguards for the rights and freedoms of data subjects. References:
* UK GDPR, Article 5 (1) (e) and (2)4
* UK GDPR, Article 175
* UK GDPR, Article 896
* ICO Guide to Data Protection, Storage Limitation7
NEW QUESTION # 24
Describe the act of processing under the authority of a controller or processor as stipulated in UK GDPR Article 29.
- A. The processor shall consult the supervisory authority prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the processor to mitigate the risk.
- B. Each processor and, where applicable, the processors representative shall maintain a record of all categories of processing activities earned out on behalf of a controller.
- C. The processor shall implement appropriate technical and organisational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed.
- D. A processor shall not process those data except on instructions from the controller, unless required to do so by domestic law
Answer: D
Explanation:
Explanation
Article 29 of UK GDPR states that the processor and any person acting under the authority of the controller or of the processor, who has access to personal data, shall not process those data except on instructions from the controller, unless required to do so by domestic law. This means that the processor must follow the controller's directions on how to handle the personal data, and cannot use it for its own purposes or deviate from the agreed terms. The only exception is when the processor is obliged by law to process the data in a different way, for example, to comply with a court order or a legal obligation. The other options are not related to Article 29, but to other articles of UK GDPR, such as Article 25 (data protection by design and by default), Article 30 (records of processing activities), and Article 36 (prior consultation). References:
* Article 29 of UK GDPR1
* ICO guidance on controllers and processors2
NEW QUESTION # 25
Where are the definitions of "Public Authority" and "Public Bodies" found?
- A. Data Protection Act 2018 and PECR.
- B. GDPRand Data Protection Act 2018.
- C. Data Protection Act 2018 only
- D. Freedom of Information Act 2000 and Data Protection Act 2018
Answer: D
Explanation:
Explanation
The definitions of "public authority" and "public body" for the purposes of the UK GDPR and the Data Protection Act 2018 are found in the Freedom of Information Act 2000 and the Data Protection Act 2018 respectively. Section 7 of the Data Protection Act 2018 provides that a public authority or a public body is one that is listed in Schedule 1 to the Freedom of Information Act 2000, or is designated by an order under section
5 of that Act. However, a court or tribunal acting in its judicial capacity is not considered a public authority or a public body under the Data Protection Act 2018. References:
* Section 7 of the Data Protection Act 20181
* Schedule 1 to the Freedom of Information Act 2000
NEW QUESTION # 26
What is the basis of the accountability and data governance obligation (Article 5 (2) of the GDPR)?
- A. The controller shall appoint a DPO before carrying out large scale processing
- B. Controllers and Processors each have a responsibility to conduct legitimate interests balancing tests before processing data for direct marketing
- C. The controller shall be responsible for. and be able to demonstrate compliance with the data protection principles.
- D. Processors have overarching responsibility to ensure their processing is compliant
Answer: C
Explanation:
Explanation
Article 5(2) of the GDPR introduces the principle of accountability, which requires that the controller is responsible for, and be able to demonstrate compliance with, the data protection principles set out in Article
5(1). These principles are: lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and data protection by design and by default. The controller must implement appropriate technical and organisational measures to ensure and demonstrate compliance, such as policies, procedures, records, audits, reviews, and DPIAs. The controller must also cooperate with the supervisory authority and provide any information requested by it. The other options are not the basis of the accountability and data governance obligation, although they may be related to other obligations under the GDPR. References:
* Article 5(2) of the GDPR3
* ICO guidance on accountability and governance4
NEW QUESTION # 27
Under which circumstances can the 'domestic purposes' exemption be used to justify non-compliance with the Data Protection Act 2018?
A)An individual sells make up products for commission and uses social media to promote products to friends and family B)A couple are planning their daughter's wedding and use excel to store contact details and dietary needs of the guests C)An individual employs a babysitter and stores her bank details in an encrypted document in order to make payments D)A pansh council keeps a spreadsheet to manage bookings of the village hall, it contains only contact information and time slots E)A group of students are arranging a house party and using social media to invite people that they do and do not know
- A. A,B, C, and E.
- B. A. B.C. and D
- C. B. C. D, and E
- D. B,and C
Answer: D
Explanation:
Explanation
The domestic purposes exemption applies to personal data processed by an individual only for the purposes of their personal, family or household affairs. This means that theprocessing has no connection to any professional or commercial activity. Examples of such processing include writing to friends and family, taking pictures for personal enjoyment, or keeping an address book. However, the exemption does not apply if the individual processes personal data outside the reasonable expectations of the data subject, or if the processing causes unwarranted harm to the data subject's interests. Therefore, the exemption can be used to justify non-compliance with the Data Protection Act 2018 in scenarios B and C, where the processing is purely personal and does not affect the rights and freedoms of others. However, the exemption cannot be used in scenarios A, D and E, where the processing has a professional or commercial element, or involves sharing personal data with third parties without consent or legitimate interest. References:
* Data Protection Act 2018, Schedule 2, Part 1, Paragraph 21
* ICO Guide to Data Protection, Domestic Purposes2
* ICO Guide to Data Protection, Exemptions3
NEW QUESTION # 28
An investigation reveals that an individual is defrauding a public authority After a (suspected) tip off from a senior manager, the individual submits a Subject Access Request to the authority asking for a copy of all personal data relating to any investigations that have been carried out What would be the BEST approach?
- A. This is criminal offence data and therefore under the provisions of the Data Protection Act 2018, there is no obligation to disclose
- B. The legal and professional privilege exemption applies to this information, and therefore the information does not need to be disclosed
- C. They do not need to disclose details of the investigation as they can rely on the crime and taxation exemption on the basis that disclosure would prejudice the investigation
- D. While the right to inform does not apply in relation to criminal acts, they need to disclose the information as this has not yet been passed to the police.
Answer: C
Explanation:
Explanation
The crime and taxation exemption in Schedule 2, Part 1, Paragraph 2 of the Data Protection Act 2018 (DPA
2018) provides an exemption from the UK GDPR's transparency obligations and most individual rights, including the right of access, but only if complying with them would prejudice the prevention or detection of crime, or the apprehension or prosecution of offenders. This means that the public authority does not need to disclose details of the investigation to the individual who submitted the subject access request, as doing so would be likely to hinder the investigation and enable the individual to evade justice. The public authority should assess the likelihood of prejudice on a case-by-case basis and document its reasons for relying on the exemption. The other options are incorrect because:
* The legal and professional privilege exemption in Schedule 2, Part 1, Paragraph 19 of the DPA 2018 applies to personal data that is subject to an obligation of confidentiality arising from the provision of legal advice or legal representation, or from the conduct of legal proceedings. This exemption does not apply to the information held by the public authority about the investigation, as it is not related to any legal advice or representation, or any legal proceedings.
* The term "criminal offence data" refers to personal data relating to criminal convictions and offences, or related security measures. This type of data is subject to specific rules under Article 10 of the UK GDPR and Part 3 of the DPA2018. However, this does not mean that there is no obligation to disclose criminal offence data in response to a subject access request. The public authority still needs to consider whether any of the exemptions in the DPA 2018 apply, such as the crime and taxation exemption, before disclosing or withholding the data.
* The right to be informed does apply in relation to criminal acts, as the UK GDPR requires controllers to provide data subjects with information about the processing of their personal data, including the purposes and legal basis of the processing, unless an exemption applies. The fact that the information has not yet been passed to the police does not affect the applicability of the right to be informed or the right of access. References:
* Data Protection Act 2018, Schedule 2, Part 1, Paragraph 21
* ICO Guide to Data Protection, Crime and Taxation2
* Data Protection Act 2018, Schedule 2, Part 1, Paragraph 193
* UK GDPR, Article 104
* Data Protection Act 2018, Part 35
* UK GDPR, Article 13 and 146
NEW QUESTION # 29
Where a processor engages another processor ("sub-processor") to carry out processing activities on behalf of a controller, which of the following statements is CORRECT?
- A. The processor may use the sub-processor without the written authorisation of the controller if the sub-processor signs a contract which reflects the same obligations as the contract with the controller
- B. The processor may use the sub-processor without the written authorisation of the controller if it adheres to an approved code of conduct
- C. The processor must receive prior written authorisation to use the sub-processor
- D. The processor may use the sub-processor without the written authorisation of the controller if the processing is deemed to be low risk.
Answer: C
Explanation:
Explanation
Article 28(2) of UK GDPR states that where a processor engages another processor ("sub-processor") for carrying out specific processing activities on behalf of the controller, the same data protection obligations as set out in the contract or other legal act between the controller and the processor shall be imposed on that other processor by way of a contract or other legal act under domestic law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of UK GDPR. The processor shall not engage another processor without prior specific or general written authorisation of the controller. In the case of general written authorisation, theprocessor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes. The other options are incorrect, as they do not reflect the requirements of UK GDPR for using a sub-processor. The processor cannot use a sub-processor without the written authorisation of the controller, regardless of whether it adheres to an approved code of conduct, signs a contract with the same obligations as the controller, or deems the processing to be low risk. References:
* Article 28(2) of UK GDPR1
* ICO guidance on contracts and liabilities between controllers and processors3
NEW QUESTION # 30
In the terms of their relevance under data protection legislation, how can CCTV images recorded in a supermarket BEST be described'?
- A. They are personal data as they can be used to identify living human beings
- B. The GDPR is only engaged where these are accompanied by text or other identifier
- C. They are special category data as they identify special characteristics
- D. They are biometric data in the terms of the definition stipulated in the GDPR.
Answer: A
Explanation:
Explanation
CCTV images recorded in a supermarket are personal data as they can be used to identify living human beings, either directly or indirectly, by their physical appearance, clothing, accessories, or other distinctive features.
Personal data is defined in Article 4(1) of the GDPR as "any information relating to an identified or identifiable natural person". The GDPR applies to the processing of personal data by automated means, such as CCTV cameras, or by non-automated means that form part of a filing system, such as paper records. The other options are incorrect because:
* CCTV images are not special category data as they do not reveal any of the sensitive information listed in Article 9(1) of the GDPR, such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation, or biometric or genetic data.
Special category data is subject to stricter conditions and safeguards under the GDPR, as it poses a higher risk to the rights and freedoms of individuals.
* CCTV images are not biometric data in the terms of the definition stipulated in the GDPR. Biometric data is defined in Article 4(14) of the GDPR as "personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data". CCTV images do not result from specific technical processing, nor do they allow or confirm the unique identification of a natural person, unless they are combined with other data or identifiers.
* The GDPR is not only engaged where CCTV images are accompanied by text or other identifier. The GDPR applies to any information that relates to an identified or identifiable natural person, regardless of whether it is accompanied by text or other identifier. CCTV images can relate to an identifiable natural person even if they do not contain any text or other identifier, as long as there is a possibility to single out or link the person to other data or factors. References:
* GDPR, Article 4(1)1
* GDPR, Article 2(1)2
* GDPR, Article 9(1)3
* GDPR, Article 4(14)4
NEW QUESTION # 31
Under the Privacy and Electronic Communications Regulations, organisations must NOT make marketing telephone calls to which of the following?
- A. Any person who has not consented to receiving marketing calls
- B. Any person who is registered with the Telephone Preference Service, unless they have given specific consent to receive your calls
- C. Any person under the age of 18, unless their parent or guardian has provided permission
- D. Any person outside of the United Kingdom.
Answer: B
Explanation:
Explanation
The Privacy and Electronic Communications Regulations (PECR) are a set of rules that regulate the use of electronic communications for marketing purposes, such as phone calls, texts, emails and faxes. One of the rules is that organisations must not make unsolicited marketing calls to individuals who have registered their numbers with the Telephone Preference Service (TPS), unless they have given their prior consent to receive such calls from that organisation. The TPS is a free service that allows individuals to opt out of receiving any marketing calls. It is a legal requirement for organisations to check the TPS before making any marketing calls and to respect the preferences of the individuals registered on it. If an organisation fails to comply with this rule, it may face enforcement action from the Information Commissioner's Office (ICO), which is the UK's data protection authority and the regulator of PECR. References:
* Telephone Preference Service
* Marketing calls
* Enforcement action
NEW QUESTION # 32
Two businesses decide to work together to sell their products by mail order Orders are made via a single online website and they each use their existing employees to administer and update each other's orders on a single order system regardless of product.
Which of the below is CORRECT of the roles of the two businesses in relation to the single order system'?
- A. The businesses are controllers of their respective information, and the staff are processors of this information
- B. They are both joint controllers of the information contained in the single order system
- C. They are controllers of their own information contained in the single order system only
- D. They are controllers of their own information in the single order system and processors of the information they process on behalf of the other business.
Answer: B
Explanation:
Explanation
The two businesses are both joint controllers of the information contained in the single order system, because they jointly determine the purposes and means of the processing. They have a shared purpose of selling their products by mail order and they agree on the means of processing by using a single online website and a single order system. Their decisions complement each other and are necessary for the processing to take place. The processing by each party is inseparable and inextricably linked. Therefore, they meet the criteria for joint controllership under the GDPR. References:
* Article 26 of the GDPR1
* Guidelines 07/2020 on the concepts of controller and processor in the GDPR2, pp. 16-24
NEW QUESTION # 33
What factors should be considered when looking at security of processing under Article 32 of the GDPR?
Select the INCORRECT answer
- A. Adherence to an approved code of conduct
- B. The likelihood of a risk to the rights of the data subjects
- C. The most secure option available
- D. Lawfulness of processing
Answer: D
Explanation:
Explanation
Lawfulness of processing is not a factor that should be considered when looking at security of processing under Article 32 of the GDPR. Lawfulness of processing is a separate requirement that applies to all processing of personal data, regardless of the level of security. Security of processing under Article 32 of the GDPR should be based on the following factors:
* The state of the art and the costs of implementation of the security measures;
* The nature, scope, context and purposes of the processing;
* The risk of varying likelihood and severity for the rights and freedoms of natural persons;
* Adherence to an approved code of conduct or an approved certification mechanism (as an element to demonstrate compliance). References:
* Article 32 of the GDPR1
* Guidelines 07/2020 on the concepts of controller and processor in the GDPR2, p. 36
NEW QUESTION # 34
When does a personal data breach need to be reported to a supervisory authority?
- A. When the controller's right of freedom of expression outweighs the data subject's right to a private home and family life.
- B. All personal data breaches must be reported to a supervisory authority
- C. Where the personal data breach is likely to result in a risk to the rights and freedoms of natural persons.
- D. Only where a disclosure is of special category data
Answer: C
Explanation:
Explanation
Article 33 of the UK GDPR requires controllers to notify the supervisory authority of a personal data breach without undue delay and, where feasible, not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. This means that not all personal data breaches need to be reported to the supervisory authority, only those that pose a risk to individuals. The risk should be assessed in terms of the potential negative consequences for individuals, such as discrimination, identity theft, fraud, financial loss, damage to reputation, loss of confidentiality, or any other significant economic or social disadvantage. The UK GDPR also requires controllers to communicate the personal data breach to the affected data subjects without undue delay, where the breach is likely to result in a high risk to their rights and freedoms. The other options are incorrect because:
* The UK GDPR does not require all personal data breaches to be reported to the supervisory authority, only those that pose a risk to individuals. However, controllers must document all personal data breaches, regardless of whether they are reported or not, as part of their accountability obligations.
* The UK GDPR does not make a distinction between personal data and special category data when it comes to reporting personal data breaches. Special category data is a type of personal data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health, sex life or sexual orientation, or biometric or genetic data for the purpose of uniquely identifying a natural person. The processing of special category data is subject to stricter conditions and safeguards under the UK GDPR, but the reporting of personal data breaches involving such data is subject to the same criteria as any other personal data breach, namely the risk to individuals.
* The UK GDPR does not provide an exemption from reporting personal data breaches based on the controller's right of freedom of expression. The right of freedom of expression is a fundamental right that is recognised and protected by the UK GDPR, but it is not an absolute right that overrides the rights and freedoms of data subjects. The UK GDPR allows Member States to provide for exemptions or derogations from certain provisions of the UK GDPR for the processing of personal data carried out for journalistic purposes or the purpose of academic, artistic or literary expression, where such exemptions or derogations are necessary to reconcile the right to the protection of personal data with the right to freedom of expression and information. However, these exemptions or derogations do not apply to the obligation to report personal databreaches to the supervisory authority, unless the Member State law specifies otherwise. References:
* UK GDPR, Article 334
* UK GDPR, Article 34
* UK GDPR, Article 9
* UK GDPR, Article 85
NEW QUESTION # 35
Which of the following is NOT a role of the Information Commissioner's Office?
- A. Publishing a list of the kind of processing that is subject to the requirement for a DPIA
- B. Encouraging the establishment of data protection certification mechanisms and of data protection seals
- C. Providing an annual activity report to Parliament
- D. Providing case by case advice on what retention period companies should use
Answer: D
Explanation:
Explanation
The Information Commissioner's Office (ICO) is the UK's independent authority for data protection, which is responsible for upholding the UK GDPR and the Data Protection Act 2018, as well as other related legislation.
The ICO has various roles and tasks, such as monitoring and enforcing the application of the data protection law, promoting publicawareness and understanding of the risks and rights related to processing, advising the Parliament and the government on legislative and administrative measures concerning data protection, encouraging the development of codes of conduct and certification schemes, and handling complaints and investigations. However, the ICO does not provide case by case advice on what retention period companies should use, as this is a matter for the companies themselves to determine, based on their own purposes, legal obligations, and risk assessments. The ICO only provides general guidance on the data minimisation and storage limitation principles, which require that personal data should be kept only for as long as necessary and no longer than that. The ICO also expects companies to have clear policies and procedures on how they retain and dispose of personal data, and to document their retention periods and the reasons for them. References:
* Article 57 of the UK GDPR1
* ICO guidance on the role of the ICO2
* ICO guidance on data minimisation and storage limitation3
NEW QUESTION # 36
You are a consulting Data Protection Officer (DPO) for a holiday resort You have been asked to conduct a Data Protection Impact Assessment (DPIA) for them in advance of adopting a new HR management database.
While working through the DPIA, which of the following is NOT a requirement?
- A. Describe the processing
- B. Sign off and record outcomes.
- C. Identify measures to mitigate the risks
- D. Publish any potential risks in your information notice.
Answer: D
Explanation:
Explanation
A DPIA is a process to help identify and minimise the data protection risks of a project that is likely to result in a high risk to individuals. A DPIA must include the following elements, according to Article 35(7) of the UK GDPR1:
* a description of the processing, including its purposes and legal basis;
* an assessment of the necessity and proportionality of the processing in relation to its purposes;
* an assessment of the risks to the rights and freedoms of individuals; and
* the measures envisaged to address the risks and demonstrate compliance with the UK GDPR.
There is no requirement to publish any potential risks in the information notice, which is a document that provides individuals with information about how their personal data is processed, as required by Article 13 and
14 of the UK GDPR2. However, it may be good practice to do so, as well as to consult with individuals or their representatives, where appropriate, as part of the DPIA process. This can help to enhance transparency, trust and accountability, and to identify any additional risks or concerns from the perspective of the data subjects. References:
* Article 35(7) of the UK GDPR1
* Article 13 and 14 of the UK GDPR2
NEW QUESTION # 37
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