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PECB GDPR Exam Syllabus Topics:
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PECB Certified Data Protection Officer Sample Questions (Q58-Q63):
NEW QUESTION # 58
Scenario1:
MED is a healthcare provider located in Norway. It provides high-quality and affordable healthcare services, including disease prevention, diagnosis, and treatment. Founded in 1995, MED is one of the largest health organizations in the private sector. The company has constantly evolved in response to patients' needs.
Patients that schedule an appointment in MED's medical centers initially need to provide their personal information, including name, surname, address, phone number, and date of birth. Further checkups or admission require additional information, including previous medical history and genetic data. When providing their personal data, patients are informed that the data is used for personalizing treatments and improving communication with MED's doctors. Medical data of patients, including children, are stored in the database of MED's health information system. MED allows patients who are at least 16 years old to use the system and provide their personal information independently. For children below the age of 16, MED requires consent from the holder of parental responsibility before processing their data.
MED uses a cloud-based application that allows patients and doctors to upload and access information.
Patients can save all personal medical data, including test results, doctor visits, diagnosis history, and medicine prescriptions, as well as review and track them at any time. Doctors, on the other hand, can access their patients' data through the application and can add information as needed.
Patients who decide to continue their treatment at another health institution can request MED to transfer their data. However, even if patients decide to continue their treatment elsewhere, their personal data is still used by MED. Patients' requests to stop data processing are rejected. This decision was made by MED's top management to retain the information of everyone registered in their databases.
The company also shares medical data with InsHealth, a health insurance company. MED's data helps InsHealth create health insurance plans that meet the needs of individuals and families.
MED believes that it is its responsibility to ensure the security and accuracy of patients' personal data. Based on the identified risks associated with data processing activities, MED has implemented appropriate security measures to ensure that data is securely stored and processed.
Since personal data of patients is stored and transmitted over the internet, MED uses encryption to avoid unauthorized processing, accidental loss, or destruction of data. The company has established a security policy to define the levels of protection required for each type of information and processing activity. MED has communicated the policy and other procedures to personnel and provided customized training to ensure proper handling of data processing.
Question:
If a patient requests MED to permanently erase their data, MED should:
- A. Erase the personal data if it is no longer needed for its original purpose.
- B. Refuse the request because medical data must be retained indefinitely for future reference.
- C. Reject the request since the medical history of patients cannot be permanently erased.
- D. Erase the personal data only if required to comply with a legal obligation.
Answer: A
Explanation:
Under Article 17 of theGeneral Data Protection Regulation (GDPR), also known as the "Right to be Forgotten," data subjects have the right to request the erasure of their personal data when:
* The data is no longer necessary for the purpose for which it was collected.
* The data subject withdraws consent (where processing was based on consent).
* The data was processed unlawfully.
In this scenario, if the data is no longer necessary for the original purpose (e.g., if the patient has completed their treatment and there are no legal retention obligations), MED should erase the data. However, there are exceptions under GDPR, such as legal retention requirements for medical records under national healthcare regulations.
Rejecting the request outright (Option A) is incorrect because GDPR requires controllers to assess whether retention is still necessary. Similarly,Option Cis too restrictive because GDPR allows deletion even if no legal obligation mandates it.Option Dis incorrect because indefinite retention is not permitted unless a valid justification exists.
References:
* GDPR Article 17(Right to Erasure)
* Recital 65(Clarification on when personal data can be erased)
* Article 5(1)(e)(Storage limitation principle)
NEW QUESTION # 59
Scenario:
Pinky, a retail company,received a requestfrom adata subjectto identify which purchasesthey had madeat differentphysical store locations. However,Pinky does not link purchase records to customer identities, since purchasesdo not require account creation.
Question:
Should Pinkyprocess additional informationfrom customers in order toidentify the data subjectas requested?
- A. Yes, Pinky is required to process additional information for the purpose ofexercising the data subject' s rightscovered inArticles 15-21 of GDPR.
- B. No, but Pinky must ask the data subject to provide further evidence proving their identity.
- C. Yes, Pinky is required tomaintain, acquire, or process additional informationin order to identify the data subject.
- D. No, Pinky isnot requiredto process additional information, since the processing of personal data in this case does not require Pinky toidentify the data subject.
Answer: D
Explanation:
UnderArticle 11(1) of GDPR, controllersare not required to process additional datafor the sole purpose of identifying data subjectsif such identification is not needed for processing.
* Option C is correctbecausePinky does not store identifiable purchase data, so it is not required to create additional records.
* Option A and B are incorrectbecauseGDPR does not obligate controllers to process additional data if identification is unnecessary.
* Option D is incorrectbecausePinky cannot require additional information when it does not have a basis to process identity-linked data.
References:
* GDPR Article 11(1)(Controllers are not required to process extra data for identification)
* Recital 57(Data controllers should avoid collecting unnecessary identity data)
NEW QUESTION # 60
Scenario:
A financial institution collectsbiometric data of its clients, such asface recognition, to support apayment authentication processthat they recently developed. The institution ensures thatdata subjects provide explicit consentfor the processing of theirbiometric datafor this specific purpose.
Question:
Based on this scenario, should theDPO advise the organization to conduct a DPIA (Data Protection Impact Assessment)?
- A. Yes, because biometric data is consideredspecial category personal data, and its processing is likely to involvehigh risk.
- B. Yes, but only if the biometric data is storedfor more than five years.
- C. No, becauseexplicit consenthas already been obtained from the data subjects.
- D. No, because DPIAs areonly requiredwhen processing personal dataon a large scale, which is not specified in this case.
Answer: A
Explanation:
UnderArticle 35(3)(b) of GDPR, aDPIA is mandatoryfor processing that involveslarge-scale processing of special category data, including biometric data. Even ifexplicit consentis obtained,the risks associated with biometric processing require further evaluation.
* Option A is correctbecausebiometric data processing poses high risks to fundamental rights and freedoms, necessitating a DPIA.
* Option B is incorrectbecauseobtaining consent does not eliminate the requirement to conduct a DPIA.
* Option C is incorrectbecauseDPIAs are required for biometric processing regardless of scaleif risks are present.
* Option D is incorrectbecausestorage duration is not a determining factor for DPIA requirements.
References:
* GDPR Article 35(3)(b)(DPIA requirement for special category data)
* Recital 91(Processing biometric data requires special safeguards)
NEW QUESTION # 61
Scenario1:
MED is a healthcare provider located in Norway. It provides high-quality and affordable healthcare services, including disease prevention, diagnosis, and treatment. Founded in 1995, MED is one of the largest health organizations in the private sector. The company has constantly evolved in response to patients' needs.
Patients that schedule an appointment in MED's medical centers initially need to provide their personal information, including name, surname, address, phone number, and date of birth. Further checkups or admission require additional information, including previous medical history and genetic data. When providing their personal data, patients are informed that the data is used for personalizing treatments and improving communication with MED's doctors. Medical data of patients, including children, are stored in the database of MED's health information system. MED allows patients who are at least 16 years old to use the system and provide their personal information independently. For children below the age of 16, MED requires consent from the holder of parental responsibility before processing their data.
MED uses a cloud-based application that allows patients and doctors to upload and access information.
Patients can save all personal medical data, including test results, doctor visits, diagnosis history, and medicine prescriptions, as well as review and track them at any time. Doctors, on the other hand, can access their patients' data through the application and can add information as needed.
Patients who decide to continue their treatment at another health institution can request MED to transfer their data. However, even if patients decide to continue their treatment elsewhere, their personal data is still used by MED. Patients' requests to stop data processing are rejected. Thisdecision was made by MED's top management to retain the information of everyone registered in their databases.
The company also shares medical data with InsHealth, a health insurance company. MED's data helps InsHealth create health insurance plans that meet the needs of individuals and families.
MED believes that it is its responsibility to ensure the security and accuracy of patients' personal data. Based on the identified risks associated with data processing activities, MED has implemented appropriate security measures to ensure that data is securely stored and processed.
Since personal data of patients is stored and transmitted over the internet, MED uses encryption to avoid unauthorized processing, accidental loss, or destruction of data. The company has established a security policy to define the levels of protection required for each type of information and processing activity. MED has communicated the policy and other procedures to personnel and provided customized training to ensure proper handling of data processing.
Question:
Considering the nature of data processing activities described in scenario 1, is GDPR applicable to MED?
- A. Yes, MED's use of cloud-based software to store and process health-related information necessitates compliance with GDPR's data protection requirements.
- B. Yes, GDPR is applicable to MED due to its processing activities involving personal information.
- C. No, because MED operates only in Norway, and GDPR does not apply to domestic processing.
- D. No, MED's activities include healthcare services within one of the four EFTA states, which do not fall under the scope of GDPR.
Answer: B
Explanation:
GDPR applies to any organization that processes personal data of individuals within theEuropean Economic Area (EEA), regardless of the organization's location. Since MED is based in Norway, which is an EEA country, and processes personal health data, it must comply with GDPR.
Option Ais correct because GDPR applies to all controllers and processors within the EEA.Option Bis misleading because while cloud-based software is relevant, the primary reason GDPR applies is MED's processing of personal data.Option Cis incorrect because EFTA states (including Norway) are subject to GDPR.Option Dis incorrect because GDPR applies to all personal data processing in the EEA.
References:
* GDPR Article 3(Territorial Scope)
* Recital 22(GDPR applies to EEA countries)
NEW QUESTION # 62
Question:
In whichphase of the incident management planshould the process owner define theessential information needed for identifying and classifying security incidents, while thepoint of contact and response team conduct assessments and determine actions?
- A. Detection and reporting phase.
- B. Remediation and recovery phase.
- C. Plan and prepare phase.
- D. Assessment and decision phase.
Answer: D
Explanation:
TheAssessment and Decision Phaseis wherepotential security incidents are reviewed, classified, and appropriate response actions are determined.
* Option B is correctbecausethis phase focuses on analyzing threats and deciding how to mitigate risks.
* Option A is incorrectbecauseplanning and preparation occur before an incident is detected.
* Option C is incorrectbecausedetection focuses on identifying possible breaches, not classifying them.
* Option D is incorrectbecauseremediation happens after decisions on response actions have been made.
References:
* ISO/IEC 27035-1:2016(Incident management process stages)
* GDPR Article 32(1)(d)(Security measures should ensure quick response to incidents)
NEW QUESTION # 63
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