CIPP/E, Long Set of Questions well answered graded A+ 2023/2024

CIPP/E, Long Set of QuestionsWhat is the CLOUD Act? - correct answers Clarifying Lawful Overseas Use of Data What are main points of CLOUD Act? - correct answers 1. Applies to information anywhere in the world if data is in the "possession, custody or control" of the recipient of the warrant. 2. A recipient can seek to quash the subpoena if it can show that the affected individual is not a United States person and that the required disclosure of that individual's data would violate the laws of a "qualifying foreign government". 3. Third, requires courts considering a motion to quash to conduct a comity analysis. What is a "qualifying foreign government" under the CLOUD Act? - correct answers Those who have signed an executive agreement with the United States to cooperate in cross-border data access. To qualify, a foreign government would need the approval of the State Department and the U.S. Department of Justice. They would also have to agree to adhere to significant substantive and procedural privacy and civil liberties protections. What factors are considered in a comity analysis under the CLOUD Act? - correct answers 1. Location of the target 2. Nationalities involved 3. Alternative avenues to the data 4. Interests of the United States 5. Interests of the foreign sovereign What are the 6 European Institutions - correct answers 1. Council of Europe 2. European Court of Human Rights 3. European Parliament 4. European Commission 5. European Council 6. European Court of Justice What is the legislative Framework for EU Privacy? - correct answers 1. The Council of Europe Convention for the Protection of Individuals with Regard to the Automatic Processing of Personal Data of 1981 (CoE Convention) 2. EU Data Protection Directive (95/46/EC) 3. EU Directive on Privacy and Electronic Communications (2002/58/EC), as amended 4. EU Directive on Electronic Commerce (2000/31/EC) 5. European data retention regimes 6. GDPR What are the 6 data protection principles - correct answers 1. Fairness and lawfulness 2. Purpose limitation 3. Proportionality 4. Accuracy 5. Storage limitation 6. Integrity and confidentiality What are the 5 Legitimate Processing Criteria? - correct answers 1. Consent 2. Contractual necessity 3. Legal obligation, vital interests, public interests 4. Legitimate interests 5. Special categories of processing What are 7 Data Subject Rights? - correct answers 1. Access 2. Rectification 3. Erasure and Right to be Forgotten 4. Restriction and objection 5. Automated decision making, including profiling 6. Data portability