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The PDP9 certification exam is a computer-based test that consists of 40 multiple-choice questions. Candidates have 60 minutes to complete the exam, and a passing score of 65% or higher is required to obtain the certification.
NEW QUESTION # 16
Which of the following is NOT a processor obligation?
- A. To follow the instructions of the controller in processing personal data
- B. To inform the controller of any intended changes of other processors so they can object
- C. To provide the controller with corporate information relating to its board members.
- D. To consult the controller prior to appointing any processor.
Answer: C
Explanation:
Explanation
Providing the controller with corporate information relating to its board members is not a processor obligation under the GDPR. The processor obligations under the GDPR are mainly the following:
* To process the personal data only on documented instructions from the controller, unless required by law;
* To ensure that persons authorised to process the personal data are bound by confidentiality;
* To implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk;
* To not engage another processor without the prior authorisation of the controller;
* To assist the controller in fulfilling its obligations regarding data subject rights, data protection impact assessments, prior consultations, and data breach notifications;
* To delete or return the personal data to the controller at the end of the service, unless required by law to store the data;
* To make available to the controller all information necessary to demonstrate compliance and allow for audits and inspections. References:
* Article 28 of the GDPR1
* Guidelines 07/2020 on the concepts of controller and processor in the GDPR2, pp. 37-41
NEW QUESTION # 17
Which of the following would NOT be a personal data breach'?
- A. The loss of a memory stick containing the names and addresses of students in private accommodation
- B. The unauthorised changing of a persons address details on a database of customers.
- C. The accidental deletion of an organisation's information security policy from the public facing website
- D. The accidental destruction of a current employee's HR file.
Answer: C
Explanation:
Explanation
A personal data breach is defined in Article 4(12) of the UK GDPR as "a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed". Personal data means any information relating to an identified or identifiable natural person, such as a name, an identification number, location data, an online identifier or factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Therefore, a personal data breach only occurs when the security incident affects personal data, not any other type of information. In this case, the accidental deletion of an organisation's information security policy from the public facing website would not be a personal data breach, as the policy does not contain any personal data. However, the other scenarios would be considered personal data breaches, as they involve the loss, alteration, destruction or unauthorised access to personal data of customers, employees or students.
References:
* UK GDPR, Article 4(12)1
* UK GDPR, Article 4(1)2
* ICO Guide to Data Protection, Personal Data Breaches3
NEW QUESTION # 18
Who is entitled to a private life by law in the UK?
- A. All individuals.
- B. Nobody
- C. All individuals save for Members of Parliament
- D. Private individuals who do not conduct their business on public platforms (such as professional sports people and actors
Answer: A
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 # 19
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. B. C. D, and E
- B. B,and C
- C. A. B.C. and D
- D. A,B, C, and E.
Answer: B
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 # 20
What is the basis of the accountability and data governance obligation (Article 5 (2) of the GDPR)?
- A. Controllers and Processors each have a responsibility to conduct legitimate interests balancing tests before processing data for direct marketing
- B. The controller shall appoint a DPO before carrying out large scale processing
- 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 # 21
An individual applies for a job as a security guard The employer has had significant issues with the sickness record of past recruits They therefore decide to offer the position to the individual on the basis they request a copy of their medical record so that the employer can be assured that they are in a good state of health.
The Data Protection Officer has been asked to advise. What advice is MOST appropriate?
- A. While requesting and viewing medical evidence may be legitimate, they should ask for evidence that the individual consents to the proposition that they make the request
- B. Providing the medical evidence is used for a legitimate purpose, and that the information is securely destroyed on verification that the employee is healthy, this is an acceptable action.
- C. This is a criminal offence under the Data Protection Act 2018 No individual should be asked to make a subject access request in order to obtain health records in these circumstances.
- D. In requesting information that is more than they necessary require to verify the medical condition of the individual they will have breached the data minimisation principle
Answer: C
Explanation:
Explanation
The Data Protection Act 2018 (DPA 2018) makes it a criminal offence for a person to require another person to make a subject access request for information about their health, convictions or cautions, or spent convictions, and to provide that information to the first person or a third person, as a condition of providing or offering to provide goods, facilities or services, or as a condition of entering into or continuing a contract. This is known as an enforced subject access request. The employer in this scenario is committing a criminal offence by offering the job to the individual on the condition that they request a copy of their medical record and provide it to the employer. The employer is also breaching the data protection principles of lawfulness, fairness, transparency, purpose limitation, data minimisation, and storage limitation, as they are processing health data, which is a special category of personal data, without a valid legal basis, without informing the individual of the purpose and legal basis of the processing, and without limiting the processing to what is necessary and relevant for the employment relationship. The employer should instead obtain the individual's explicit consent to request the health information directly from the relevant health professional, and only request the information that is necessary and proportionate for the specific role of a security guard. References
:
* Section 184 of the DPA 20183
* ICO guidance on enforced subject access requests4
* ICO guidance on special category data5
NEW QUESTION # 22
What does NOT have an exemption prescribed under schedule 3 of the Data Protection Act 2018?
- A. Education data, examination scripts and marks
- B. Health data
- C. Social Work Data.
- D. Credit checking agency data
Answer: D
NEW QUESTION # 23
When were data protection rights first introduced into UK law'?
- A. 2000 (Data Protection Act 1998)
- B. 2018 (Data Protection Act 2018)
- C. 1992 (Data Protection Act 1992).
- D. 1984 (Data Protection Act 1984).
Answer: D
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 # 24
Of the following options which is NOT a purpose of carrying out a Data Protection Impact Assessment (DPIA)?
- A. It is key to the accountability element of the GDPR.
- B. It is necessary to fulfil the requirement that all DPIAs are submitted to the ICO
- C. It fulfils a requirement that data protection is carried out by design and default.
- D. It assists in identifying the main risks that may exist in any use of data, so that they can be mitigated
Answer: B
NEW QUESTION # 25
Which of the following is NOT a key requirement of independent supervisory authorities?
- A. They review DPIAs in cases of unmitigated high risk
- B. Their leadership must change every four years
- C. They must operate independently.
- D. They must provide each other with mutual assistance
Answer: B
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 # 26
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 in the single order system and processors of the information they process on behalf of the other business.
- B. They are both joint controllers of the information contained in the single order system
- C. The businesses are controllers of their respective information, and the staff are processors of this information
- D. They are controllers of their own information contained in the single order system only
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 # 27
In which of the following circumstances does a public authority NOT need to appoint a Data Protection Officer?
- A. Where it processes a large amount of personal data
- B. Where it processes special category data
- C. Where it is defined as a public body in the Data Protection Act 2018
- D. Where it is a court acting in its judicial capacity
Answer: D
Explanation:
Explanation
Under Article 37 of the UK GDPR, a public authority or a public body must appoint a data protection officer (DPO) unless it is a court acting in its judicial capacity. This is the only exception for public authorities or bodies from the obligation to appoint a DPO. The other circumstances listed in the question, such as processing a large amount of personal data, processing special category data, or being defined as a public body in the Data Protection Act 2018, do not exempt a public authority or a public body from appointing a DPO.
References:
* Article 37 of the UK GDPR2
* Data protection officers | ICO2
NEW QUESTION # 28
Which one task are supervisory authorities NOT required to carry out under Article 57(1 )(f) of the UK GDPR? Select the CORRECT answer.
- A. Handle complaints lodged by a data subject
- B. Co-ordinate where necessary with other supervisory authorities
- C. Mediate between the complainant and the entity against which the complaint has been lodged, to resolve the complaint
- D. Investigate complaints and inform the complainant of the progress of their investigation
Answer: C
Explanation:
Explanation
Article 57(1)(f) of the UK GDPR requires the supervisory authority (the ICO in the UK) to handle complaints lodged by a data subject, investigate the subject matter of the complaint, and inform the complainant of the progress and the outcome of the investigation. It also requires the supervisory authority to cooperate with other supervisory authorities if the complaint involves cross-border processing. However, it does not require the supervisory authority to mediate between the complainant and the controller or processor against which the complaint has been lodged, to resolve the complaint. This is not a task of the supervisory authority under the UK GDPR, although it may be possible in some cases as a way of achieving an amicable solution. References
:
* Article 57(1)(f) of the UK GDPR1
* ICO and complaints2
NEW QUESTION # 29
A privacy notice MUST NOT contain
- A. Details of the processor's staff
- B. The contact details of the controller
- C. Details of the right to lodge a complaint with the supervisory authority
- D. The purpose of the processing
Answer: A
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 # 30
What is the Employment Practices Code?
- A. A set of exemptions that can be used when processing data related to employees
- B. Guidance on the requirements for employing a Data Protection Officer
- C. A statutory framework for implementing data protection training for employees.
- D. Guidance on meeting legal requirements of data protection when employing staff
Answer: D
Explanation:
Explanation
The Employment Practices Code is a guidance document issued by the ICO that provides recommendations on how to comply with the data protection principles and the rights of data subjects when processing personal data in the context of employment. The code covers various aspects of employment practices, such as recruitment and selection, employment records, monitoring at work, and information about workers' health.
The code is not legally binding, but it reflects the ICO's interpretation of the Data Protection Act and the UK GDPR, and it may be used as evidence in legal proceedings or investigations. The code is intended to help employers balance their legitimate interests in managing their workforce with the privacy rights of their workers. References:
* The Employment Practices Code
* Quick Guide to the Employment Practices Code
NEW QUESTION # 31
Article 57 of the UK GDPR states that the tasks of the Commissioner include -Select the INCORRECT answer
- A. Handling complaints raised by individuals/data subjects
- B. Providing general guidance to clarify the law.
- C. Adopting consistency findings in cross-border data protection cases
- D. Advising UK Parliament on issues related to the protection of personal data
Answer: C
Explanation:
Explanation
Article 57 of the UK GDPR states that the tasks of the Commissioner include handling complaints raised by individuals/data subjects, providing general guidance to clarify the law, and advising UK Parliament on issues related to the protection of personal data, among other tasks. However, adopting consistency findings in cross-border data protection cases is not a task of the Commissioner, but of the European Data Protection Board (EDPB), which is an independent body composed of the heads of the supervisory authorities of the EU and EEA member states and the European Data Protection Supervisor. The EDPB is responsible for ensuring the consistent application of the EU GDPR across the EU and EEA, and for issuing opinions and decisions on matters of general application or affecting more than one member state. The UK is no longer part of the EU or the EEA, and therefore the EDPB does not have jurisdiction over the UK GDPR or the Commissioner. The UK has its own mechanism for ensuring consistency and cooperation with other countries, which involves the Commissioner and the Secretary of State. References:
* Article 57 of the UK GDPR1
* Article 63 and 64 of the EU GDPR4
* ICO guidance on the UK GDPR and the EU GDPR5
NEW QUESTION # 32
Article 9(2)(c) of UK GDPR condition of processing special category data in the vital interests of the data subject is only applicable in which of the following circumstances:
- A. When the data subject is physically unable to be present
- B. When another lawful basis applies.
- C. When a data subject is incapacitated
- D. When the data subject refuses to consent
Answer: C
Explanation:
Explanation
Article 9(2) of UK GDPR allows the processing of special category data when it is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent. This means that the data subject is unable to exercise their right to consent or object to the processing, either because they are unconscious, in a coma, suffering from a severe mental disorder, or otherwise unable to communicate their wishes. This condition is intended to cover emergency situations, such as life-threatening medical interventions, where the data subject's consent cannot be obtained in time. It does not apply when another lawful basis applies, when the data subject is physically absent but still capable of giving consent, or when the data subject refuses to consent. References:
* Article 9(2) of UK GDPR1
* ICO guidance on special category data2
NEW QUESTION # 33
......
The BCS PDP9 exam consists of two parts: a written exam and a workplace-based project. The written exam covers topics such as data protection principles, accountability, data breaches, international data transfers, and data subject rights. The workplace-based project requires candidates to apply the knowledge gained from the written exam to a practical scenario in their workplace.
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