Online CIPP-E Questions Video

Pseudonymisation is a method that allows you to switch the original data set (for example, e-mail or a name) with an alias or pseudonym, or, in other words, a value which does not allow the individual to be directly identified1. It is a reversible process that de-identifies data but allows the re-identification later on if necessary1. This is a well-known data management technique highly recommended by the General Data Protection Regulation (GDPR) as one of the data protection methods2. To make personal data pseudonymous, a data controller must separately hold any information that would allow linking the data to the data subject, such as a key or a code, and ensure that this information is kept securely and subject to technical and organisational measures to prevent unauthorised access or re-identification23. The other options are not correct, as they either describe other data protection methods, such as encryption or anonymisation, or do not meet the definition of pseudonymisation under the GDPR. References: Pseudonymization according to the GDPR, Pseudonymisation - Wikipedia, Anonymisation and pseudonymisation | Data Protection Commissioner

 According to the GDPR, consent is one of the six lawful bases for processing personal data. Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. Consent can be withdrawn at any time, and the withdrawal of consent must be as easy as giving it. Therefore, an individual can withdraw her consent for processing when she no longer wishes to be sent marketing materials from an organization, as this is a clear indication of her wishes and does not affect the lawfulness of the processing based on consent before its withdrawal. The other situations are not related to consent, but to other lawful bases such as contract, legitimate interest or legal obligation. References: Free CIPP/E Study Guide, page 9; CIPP/E Certification, page 3; GDPR, Article 4(11), Article 6(1)(a), Article 7(3).

The GDPR does not explicitly regulate background checks, but it does apply to the processing of personal data that may be obtained or used during such checks. Therefore, the company must comply with the GDPR principles, such as lawfulness, fairness, transparency, data minimization, purpose limitation, accuracy, storage limitation, integrity and confidentiality, and accountability. The company must also identify a lawful basis for processing personal data, such as legal obligation, legitimate interest, or consent, and respect the data subject rights, such as the right to information, access, rectification, erasure, restriction, objection, and portability. Moreover, the company must be aware of the specific rules and restrictions regarding the processing of special categories of data (such as biometric, health, or political data) and data relating to criminal convictions and offences, which are subject to Article 10 of the GDPR and the laws of each member state. The company must also consider the national employment laws and the guidelines of the relevant supervisory authorities, which may impose additional conditions or limitations on the scope, methods, and purposes of background checks. For example, some member states may require prior authorization, notification, or consultation with the supervisory authority, the data subject, or the works council before conducting background checks. Some member states may also prohibit or restrict certain types of background checks, such as social media screening, credit checks, or criminal record checks, unless they are necessary, proportionate, and relevant for the specific job position or sector. Therefore, the company must conduct a thorough assessment of the legal framework and the risks and benefits of background checks in each member state where it operates or recruits employees, and ensure that it has a clear and consistent policy and procedure for conducting background checks in a GDPR-compliant manner. References: How to ‘background check’ under the GDPR, How to perform GDPR compliant background checks, GDPR and the processing of criminal conviction data across Europe, Pre-employment vetting: Data protection and criminal records, How GDPR Affects Background Checking

 The “one-stop-shop” mechanism of the GDPR is a system of co-operation and consistency procedures that aims to ensure that the data protection regulation is enforced uniformly across all member states and calls on the data protection authorities (DPAs) across member states to co-operate with each other and the Commission to ensure consistent application of the GDPR1. The “one-stop-shop” mechanism applies to organisations that conduct cross-border data processing, which means that they process personal data in the context of the activities of their establishments in more than one member state, or that they target or monitor data subjects in more than one member state1. Under the “one-stop-shop” mechanism, such organisations will have to deal primarily with the DPA of the member state where they have their main establishment or their single establishment in the EU, which will act as their lead supervisory authority for all matters related to their cross-border data processing1. The lead supervisory authority will co-ordinate with other concerned supervisory authorities, which are the DPAs of the member states where the data subjects are affected by the data processing1. The lead supervisory authority will have the competence to adopt binding decisions regarding measures to ensure compliance with the GDPR, such as imposing administrative fines or ordering the suspension of data flows1. However, the “one-stop-shop” mechanism does not prevent the concerned supervisory authorities from acting against organisations in exceptional cases, even if they do not have any type of establishment in the member state of the respective authority1. These exceptional cases include the following situations2:

• When a complaint is lodged with a supervisory authority, the subject matter relates only to an establishment in its member state or substantially affects data subjects only in its member state;
• When a supervisory authority is addressing a possible infringement related to the offering of goods or services to data subjects in its member state or to the monitoring of their behaviour in its member state;
• When a supervisory authority adopts provisional measures intended to produce legal effects in its own member state;
• When an urgent need to act arises in order to protect the rights and freedoms of data subjects. In these cases, the concerned supervisory authority will inform the lead supervisory authority and the other concerned supervisory authorities, and will try to reach a consensus on the action to be taken2. If no consensus is reached, the consistency mechanism will apply, which involves the intervention of the European Data Protection Board (EDPB) to issue a binding decision on the matter2. Therefore, option D is the correct answer. References: Art. 60 GDPR – Cooperation between the lead supervisory authority and the other supervisory authorities concerned, Guidelines 3/2018 on the territorial scope of the GDPR (Article 3)