CIPP/E Exam Blueprint questions with verified solutions 2023/2024

CIPP/E Exam BlueprintIntroduction to European Data Protection - correct answers 4 to 10 Questions A. Origins and Historical Context of Data Protection Law - correct answers 1 to 2 Questions Rationale for data protection - correct answers Human rights laws - correct answers + Universal Declaration of Human Rights 1948 , Article 12 - No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. European Convention on Human Rights 1950 Article 8 - Right to respect for private and family life. 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. Early laws and regulations - correct answers A right to protection of an individual's private sphere against intrusion from others, especially from the state, was laid down in an international legal instrument for the first time in Article 12 of the United Nations (UN) Universal Declaration of Human Rights (UDHR) of 1948 on respect for private and family life.1 The UDHR influenced the development of other human rights instruments in Europe. The Council of Europe was formed in the aftermath of the Second World War to bring together the states of Europe to promote the rule of law, democracy, human rights and social development. For this purpose, it adopted the European Convention on Human Rights (ECHR) in 1950, which entered into force in 1953. States have an international obligation to comply with the ECHR. All CoE member states have now incorporated or given effect to the ECHR in their national law, which requires them to act in accordance with the provisions of the Convention. To ensure that the Contracting Parties observe their obligations under the ECHR, the European Court of Human Rights (ECtHR), was set up in Strasbourg, France, in 1959. The ECtHR ensures that states observe their obligations under the Convention by considering complaints from individuals, groups of individuals, NGOs or legal persons alleging violations of the Convention. 1957: Treaty of Rome, established European Economic Area (EEA), renamed in 2009 to Treaty of Functioning of European Union (TFEU) 1980: OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data 1981: Convention 108 With of the emergence of information technology in the 1960s, a growing need developed for more detailed rules to safeguard individuals by protecting their (personal) data. By the mid-1970s, the Committee of Ministers of the Council of Europe adopted various resolutions on the prote The need for a harmonized European approach - correct answers Every day within the EU, businesses, public authorities and individuals transfer vast amounts of personal data across borders. Conflicting data protection rules in different countries would disrupt international exchanges. Individuals might also be unwilling to transfer personal data abroad if they were uncertain about the level of protection in other countries. Therefore, common EU rules have been established to ensure that your personal data enjoys a high standard of protection everywhere in the EU. You have the right to complain and obtain redress if your data is misused anywhere within the EU. The Treaty of Lisbon - correct answers With the entry into force of the Treaty of Lisbon in December 2009, the Charter of Fundamental Rights of the EU became legally binding, and with this the right to the protection of personal data was elevated to the status of a separate fundamental right. Most important articles with regard to privacy:: Article 7 - Respect for private and family life: Everyone has the right to respect for his or her private and family life, home and communications. Article 8 - Protection of personal data: 1.Everyone has the right to the protection of personal data concerning him or her. 2.Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified. 3.Compliance with these rules shall be subject to control by an independent authority. It establishes 7 EU institutions: 1. European Parliament (> 700 members) - Legislative; 2. European Council (28 heads of member states in 2014); 3. Council of the EU / "The Council" (groups of 28 ministers by theme) - Legislative; 4. European Commission / "The Commission" (28 commissioners and +23000 useless and overpaid civil servants); 5. The Court of Justice of the EU; 6. European Central Bank; 7. Court of Auditors A modernized framework - correct answers ??? B. European Union Institutions - correct answers 1 to 3 Questions Council of Europe - correct answers (Not to be confused with European Council or Council of the European Union.) This is not an EU institution. The Council of Europe (CoE; French: Conseil de l'Europe) is an international organisation focused on protecting human rights, democracy, rule of law in Europe [2] and promoting European culture. [3] Founded in 1949, it has 47 member states, covers approximately 820 million people and operates with an annual budget of approximately half a billion euros. [4]The organisation is distinct from the 28-nation European Union (EU), although it is sometimes confused with it, partly because the EU has adopted the original European Flag which was created by the Council of Europe in 1955, [5] as well as the European Anthem. [6] No country has ever joined the EU without first belonging to the Council of Europe.[7] European Court of Human Rights - correct answers The best known body of the Council of Europe is the European Court of Human Rights, which enforces the European Convention on Human Rights.