2024 Valid PDP9 Real Exam Questions, practice BCS Practitioner
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It covers privacy management, including the management of data subject rights, the development of privacy notices and policies, and the implementation of privacy by design. The fourth and final module covers advanced topics in data protection, including the management of international data transfers, the use of data protection impact assessments, and the development of data protection strategies. Upon completion of the certification program, learners will be able to demonstrate their knowledge and skills in data protection and will be able to apply them in their work.
NEW QUESTION # 19
How are data sharing practices governed by data protection law?
- A. Data sharing practices are covered by the Freedom of Information Act
- B. Data sharing practices are subject to the PECR until the new statutory Code of Practice is published
- C. Data sharing practices are not specifically regulated, however the ICO provide best practice guidance
- D. Data sharing practices are covered in the DPA 2018, supported by a statutory Code of Practice that provides specific guidance
Answer: D
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 # 20
A company based in France uses a specialist IT support business in China The two companies have signed a Data Processing Agreement.The Chinese business provides specialist IT support for the French company's digital customer experience platform No personal data is sent to China, but employees of the Chinese business access the platform on a regular basis and have access to the databases that sit behind it.Which of the following statements is CORRECT in relation to the French company's requirements to ensure compliance with the GDPR?
- A. China provides an adequate level of protection for personal data, therefore no transfer mechanism is needed
- B. The French company must identify and implement an appropriate transfer mechanism
- C. No personal data is being transferred, therefore no transfer mechanism is needed
- D. There is a Data Processing Agreement in place therefore no transfer mechanism is needed
Answer: B
Explanation:
Explanation
According to the GDPR, a transfer of personal data to a third country or an international organisation occurs when the personal data is made available to someone outside the EU and EEA, regardless of whether the data is physically sent or not. Therefore, the fact that the Chinese business accesses the platform and the databases that contain personal data of the French company's customers constitutes a transfer of personal data to China, which is a third country under the GDPR. The French company, as the controller of the personal data, must ensure that the transfer complies with the GDPR requirements and that the level of protection of the personal data is not undermined. This means that the French company must identify and implement an appropriate transfer mechanism, such as an adequacy decision, appropriate safeguards, or derogations for specific situations, as set out in Chapter V of the GDPR. A data processing agreement, although necessary to define the roles and responsibilities of the controller and the processor, is not sufficient to ensure the legality of the transfer, as it does not provide the same guarantees as the GDPR. China is not a country that has been recognised by the European Commission as providing an adequate level ofprotection for personal data, so the French company cannot rely on an adequacy decision either. References:
* Article 44 of the GDPR1
* ICO guidance on international transfers2
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 Information Commissioner
- B. To the European Commission
- C. To the European Data Protection Supervisor.
- D. To the First Tier Tribunal (Information Rights)
Answer: D
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
When were data protection rights first introduced into UK law'?
- A. 2000 (Data Protection Act 1998)
- B. 1992 (Data Protection Act 1992).
- C. 1984 (Data Protection Act 1984).
- D. 2018 (Data Protection Act 2018)
Answer: C
Explanation:
Explanation
Data protection rights were first introduced into UK law by the Data Protection Act 1984, which was enacted to implement the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 1981. The Data Protection Act 1984 established a set of principles for the processing of personal data by data users, such as obtaining consent, ensuring accuracy, and limiting retention.
It also created a system of registration for data users and a Data Protection Registrar (later renamed as the Information Commissioner) to oversee and enforce the law. The Data Protection Act 1984 was replaced by the Data Protection Act 1998, which transposed the EU Data Protection Directive 1995 into UK law and extended the scope of data protection to cover manual as well as automated processing of personal data. The Data Protection Act 1998 was further amended by the Data Protection Act 2018, which incorporated the EU General Data Protection Regulation (GDPR) and the Law Enforcement Directive into UK law and made provisions for specific processing situations, such as national security, immigration, and journalism.
References:
* Data Protection Act 19844
* Council of Europe Convention 1085
* Data Protection Act 19986
* Data Protection Act 20187
NEW QUESTION # 23
Which of the following statements MOST accurately describes the potential impact of Al on the principle of transparency?
- A. Data subjects should generally expect Al to be present in processing activities
- B. Transparency requirements do not apply to Al, as it is always compatible with original purposes
- C. Transparency requirements do not apply to Al, as there is a relevant exemption
- D. Al can lead to invisible processing, with data subjects not being aware of its presence.
Answer: D
Explanation:
Explanation
The principle of transparency requires that any processing of personal data is fair, lawful and transparent to the data subjects. This means that data subjects should be informed about the existence, nature, purpose and consequences of the processing, as well as their rights and choices regarding their data. Transparency is essential for ensuring accountability, trust and compliance in data processing. However, the use of AI can pose challenges to the principle of transparency, as AI can lead to invisible processing, with data subjects not being aware of its presence, or the logic, significance and implications of the processing. For example, AI can be used to profile, infer, predict or influence the behaviour, preferences, interests, emotions or personality of data subjects, without their knowledge or consent. AI can also be used to make automated decisions that affect data subjects, such as credit scoring, recruitment, health diagnosis or social benefits, without providing meaningful explanations or opportunities for human intervention. Therefore, it is important to ensure that data subjects are informed and empowered when AI is involved in the processing of their data, and that they can exercise their rights, such as the right to access, rectify, object, restrict, erase or port their data, or the right to challenge or contest automated decisions56. References:
* Guidance on AI and data protection5
* Explaining decisions made with AI6
NEW QUESTION # 24
Which of the following is NOT a role of the Information Commissioner's Office?
- A. Providing an annual activity report to Parliament
- B. Publishing a list of the kind of processing that is subject to the requirement for a DPIA
- C. Providing case by case advice on what retention period companies should use
- D. Encouraging the establishment of data protection certification mechanisms and of data protection seals
Answer: C
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 # 25
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. Processors have overarching responsibility to ensure their processing is compliant
- C. The controller shall be responsible for. and be able to demonstrate compliance with the data protection principles.
- D. Controllers and Processors each have a responsibility to conduct legitimate interests balancing tests before processing data for direct marketing
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 # 26
Which of the following statements are CORRECT about records of processing'?
A It must contain contact details for the Data Protection Officer where applicable.
B It must be submitted to the Information Commissioner's Office following every Data Protection ImpactAssessment C It is mandatory for all data processors D The controller or the processor a mustmakesthe record available to the supervisory authority on request
E. It must contain contact details for the supervisory authority
- A. A,C,andE
- B. A, C,andD
- C. A. C,D, and E
- D. B, C. and D
Answer: B
Explanation:
Explanation
Article 30 of the UK GDPR3 requires both controllers and processors to maintain records of their processing activities, unless they are exempted under certain conditions. The records must contain the following information, among others:
* the name and contact details of the controller or the processor, and of any joint controller, representative or data protection officer;
* the purposes of the processing;
* the categories of data subjects and personal data;
* the categories of recipients to whom the personal data have been or will be disclosed, including recipients in third countries or international organisations;
* where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and the documentation of suitable safeguards;
* where possible, the envisaged time limits for erasure of the different categories of data;
* where possible, a general description of the technical and organisational security measures.
The records must be in writing, including in electronic form, and must be made available to the ICO on request. The records do not need to contain contact details of the supervisory authority, as this is not specified in Article 30. Nor do they need to be submitted to the ICO following every DPIA, as this is not required by Article 35, which only obliges the controller to consult the ICO prior to the processing if the DPIA indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk. References:
* Article 30 of the UK GDPR3
* Article 35 of the UK GDPR4
NEW QUESTION # 27
What factors should be considered when looking at security of processing under Article 32 of the GDPR?
Select the INCORRECT answer
- A. The likelihood of a risk to the rights of the data subjects
- B. Lawfulness of processing
- C. Adherence to an approved code of conduct
- D. The most secure option available
Answer: B
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 # 28
Who is entitled to a private life by law in the UK?
- A. Private individuals who do not conduct their business on public platforms (such as professional sports people and actors
- B. All individuals.
- C. Nobody
- D. All individuals save for Members of Parliament
Answer: B
Explanation:
Explanation
The right to a private life is a fundamental human right that is protected by law in the UK. Article 8 of the European Convention on Human Rights (ECHR), which is incorporated into UK law by the Human Rights Act
1998, states that "Everyone has the right to respect for his private and family life, his home and his correspondence". This right applies to all individuals, regardless of their status, profession, or public exposure.
The right to a private life covers aspects such as personal identity, personal relationships, physical and mental well-being, personal data, and correspondence. However, this right is not absolute and can be limited or interfered with by the state or other parties in certain circumstances, such as for the protection of national security, public safety, health, morals, or the rights and freedoms of others. References:
* Article 8 of the ECHR1
* Human Rights Act 19982
* ICO Guide to Data Protection3
NEW QUESTION # 29
Which of the following is NOT a key requirement of independent supervisory authorities?
- A. Their leadership must change every four years
- B. They must provide each other with mutual assistance
- C. They review DPIAs in cases of unmitigated high risk
- D. They must operate independently.
Answer: A
Explanation:
Explanation
Independent supervisory authorities are public authorities that supervise, through investigative and corrective powers, the application of the data protection law. They provide expert advice on data protection issues and handle complaints lodged against violations of the UK GDPR and the relevant national laws. The UK GDPR sets out the key requirements for independent supervisory authorities in Chapter VI, which include the following:
* They must operate independently and remain free from external influence, whether direct or indirect, and must neither seek nor take instructions from anybody.
* They must have adequate human, technical and financial resources to perform their tasks and exercise their powers effectively.
* They must review data protection impact assessments in cases of unmitigated high risk and provide prior consultation to controllers on such processing operations.
* They must provide each other with mutual assistance and cooperate with each other and the European Data Protection Board to ensure the consistent application of the UK GDPR across the EU.
* They must handle complaints lodged by data subjects or by bodies, organisations or associations representing them, and investigate the subject matter of the complaint to the extent appropriate.
* They must adopt binding decisions on matters concerning the application of the UK GDPR and impose effective, proportionate and dissuasive administrative fines for infringements of the UK GDPR.
The UK GDPR does not specify any fixed term for the leadership of independent supervisory authorities, nor does it require their leadership to change every four years. However, it does require that the members of the supervisory authority must be appointed by means of a transparent procedure by the parliament, the government or the head of state of the Member State concerned, and that they must act with integrity, refrain from any action incompatible with their duties and not engage in any incompatible occupation during and after their term of office. The UK GDPR also allows Member States to provide for rules regarding the establishment, appointment, duration of the term and dismissal of the head or members of the supervisory authority. References:
* UK GDPR, Chapter VI7
* ICO website, About the ICO8
NEW QUESTION # 30
A UK public body has a security breach, in which the details of a hundred thousand members of the public are published What is the MAXIMUM fine that they could receive for this breach?
- A. £17 5 million or 4% of gross annual turnover
- B. £10 million or 4% of gross annual turnover
- C. £20 million or 2% of gross annual turnover
- D. £8.7 million or 2% of gross annual turnover
Answer: A
Explanation:
Explanation
The UK GDPR and the Data Protection Act 2018 set a maximum fine of £17.5 million or 4% of annual global turnover, whichever is higher, for infringements of the data protection principles, the rights of data subjects, or the rules on transfers of personal data to third countries. This is the higher maximum penalty that applies to the most serious breaches of the UK GDPR. A security breach that exposes the details of a hundred thousand members of the public would likely fall under this category, as it would compromise the confidentiality and integrity of personal data, and potentially cause significant harm and distress to the data subjects. Therefore, the maximum fine that the UK public body could receive for this breach is £17.5 million or 4% of gross annual turnover, whichever is higher. References:
* Penalties3
* GDPR Penalties & Fines4
* Three years of GDPR: the biggest fines so far5
NEW QUESTION # 31
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. Publish any potential risks in your information notice.
- C. Sign off and record outcomes.
- D. Identify measures to mitigate the risks
Answer: B
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 # 32
When does a personal data breach need to be reported to a supervisory authority?
- A. Where the personal data breach is likely to result in a risk to the rights and freedoms of natural persons.
- B. When the controller's right of freedom of expression outweighs the data subject's right to a private home and family life.
- C. All personal data breaches must be reported to a supervisory authority
- D. Only where a disclosure is of special category data
Answer: A
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 # 33
Where are the definitions of "Public Authority" and "Public Bodies" found?
- A. Data Protection Act 2018 only
- B. Data Protection Act 2018 and PECR.
- C. Freedom of Information Act 2000 and Data Protection Act 2018
- D. GDPRand Data Protection Act 2018.
Answer: C
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 # 34
A privacy notice MUST NOT contain
- A. The purpose of the processing
- B. Details of the processor's staff
- C. Details of the right to lodge a complaint with the supervisory authority
- D. The contact details of the controller
Answer: B
Explanation:
Explanation
A privacy notice 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 GDPR5. A privacy notice must include the following information, among others:
* the identity and contact details of the controller and, where applicable, the controller's representative and the data protection officer;
* the purposes and legal basis of the processing;
* the categories of personal data concerned;
* the recipients or categories of recipients of the personal data, including any third parties or international organisations;
* where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available;
* the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
* the existence of the rights of the data subject, such as the right to access, rectify, erase, restrict, object or port the data, and the conditions or limitations on those rights;
* the existence of the right to withdraw consent at any time, where the processing is based on consent;
* the right to lodge a complaint with a supervisory authority;
* whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data;
* the existence of automated decision-making, including profiling, and meaningful information about the
* logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
A privacy notice does not need to contain details of the processor's staff, as this is not relevant or necessary for the data subject to understand how their personal data is processed. However, the controller may need to inform the data subject if their personal data is shared with a processor, and provide the identity and contact details of the processor, as part of the information on the recipients or categories of recipients of the personal data. References:
* Article 13 and 14 of the UK GDPR5
NEW QUESTION # 35
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. They are controllers of their own information contained in the single order system only
- B. 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.
- C. The businesses are controllers of their respective information, and the staff are processors of this information
- D. They are both joint controllers of the information contained in the single order system
Answer: D
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 # 36
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