CIPP/E Exam Questions
What did the principles of the Human Rights Declaration provide the basis for? - correct answer
The principles enshrined in the Human Rights Declaration have provided the basis for all subsequent
European data protection laws and standards. (Ch. 1)
What right is contained in Article 12 of the Human Rights Declaration? - correct answer The right to
a private life and associated freedoms is contained in Article 12 of the Human Rights Declaration.
(Ch. 1)
What right is contained in Article 19 of the Human Rights Declaration? - correct answer The right of
freedom of expression is contained in Article 19 of the Human Rights Declaration. (Ch. 1)
What article reconciles conflicts between Article 12 and Article 19 of the Human Rights Declaration?
- correct answer Article 29(2) reconciles the apparent conflict between Article 12 and Article 19,
stating that individual rights are not absolute and that there will be instances where a balance must
be struck to limit their exercise. (Ch. 1)
Why is the ECHR such a powerful instrument? - correct answer he ECHR is a powerful instrument
because of the scope of the fundamental rights and freedoms it protects. (Ch. 1)
List the thirteen rights that the ECHR protects. - correct answer The thirteen rights that the ECHR
protects are:
- Right to life
- Prohibition of torture
- Prohibition of slavery and forced labour
- Right to liberty and security
- Right to a fair trial
- No punishment without law
- Respect for private and family life
- Freedom of thought, conscience and religion
- Freedom of expression
- Freedom of assembly and expression
- Right to marry
- Right to an effective remedy
,- Prohibition of discrimination
Who oversees what is prescribed in the ECHR and how is the ECHR enforced? - correct answer The
ECHR is overseen by the European Court of Human Rights. The European Court of Human Rights
examines alleged breaches of the ECHR and ensure that states comply with their obligations under
the ECHR. (Ch. 1)
What rights are protected under Article 10 of the ECHR? - correct answer Article 10 of the ECHR
protects the right of freedom of expression and the right to share information and ideas across
national boundaries. (Ch. 1)
What do the Human Right s Declaration and the ECHR have in common? - correct answer Both the
Human Rights Declaration and the ECHR recognize a need for balance between the rights of
individuals and the justifiable interference with these rights, which is a common theme within data
protection law. (Ch. 1)
Describe the Guidelines on the Protection of Privacy and Transborder Flows of Personal Data that
were developed by OECD in 1980. What do they strive to accomplish? - correct answer The
"Guidelines" lay out basic rules governing trans-border data flows and the protection of personal
information and privacy in order to facilitate the harmonization of data protection law between
countries.
The Guidelines aim to strike a balance between protecting the privacy and the rights and freedoms
of individuals without creating any barriers to trade while allowing the
uninterrupted flow of personal data across national borders. (Ch. 1)
List the principles introduced by the Guidelines that should be followed by data controllers
processing personal information. - correct answer The principles introduced by the Guidelines that
should be followed by data controllers processing personal information are:
- Collection Limitation
- Data Quality
- Purpose Specification
- Use Limitation
- Security Safeguards
- Openness
- Individual Participation
, - Accountability
What was the first legally-binding international instrument in the area of data protection? - correct
answer Convention 108 (Ch. 1)
How does Convention 108 differ from the Guidelines? - correct answer It requires signatories to
take the necessary steps in their domestic legislation to apply the principles it lays down in order to
ensure respect for the fundamental human rights of all individuals with regard to processing of
personal information. (Ch. 1)
What are the three main parts of Convention 108? - correct answer The three main parts of
Convention 108 are:
(1) substantive law provisions in the form of basic principles,
(2) special rules on trans-border data flows, and
(3) mechanisms for mutual assistance and consultation between the parties. (Ch. 1)
Describe the main thrust of Article 12 of Convention 108. - correct answer Article 12 of Convention
108 provides that countries shall not impose any prohibitions or require any special authorisations
for the purpose of the protection of privacy before such transfers can take place when transfers of
personal information are made between signatories of Convention 108. (Ch. 1)
When is it permitted to deviate from the provisions of Convention 108? - correct answer It is
permissible to deviate from the provisions of Convention 108 when the exporting country has
specific national rules in place for certain categories of personal data and the importing country does
not provide equivalent protection or when the transfer is to a country that is not a party to
Convention 108. (Ch. 1)
True or False: There are many binding international legal instruments with a worldwide scope of
application in force today - correct answer False. Convention 108 remains the only binding
international legal instrument with a worldwide scope of application in the field of data protection
that is open to any country, including countries that are not members of the Council of Europe. (Ch.
1)
What is the goal of the European Commission's Directive 95/46/EC on the protection of individuals
with regard to the processing of personal data and on the free movement of such data? - correct
answer The aim of the Directive is to further reconcile the protection of the fundamental rights of
individuals with the free flow of data from one member state to another. This helps maintain
consistency with Articles 8 and 10 of the ECHR. (Ch. 1)
What did the principles of the Human Rights Declaration provide the basis for? - correct answer
The principles enshrined in the Human Rights Declaration have provided the basis for all subsequent
European data protection laws and standards. (Ch. 1)
What right is contained in Article 12 of the Human Rights Declaration? - correct answer The right to
a private life and associated freedoms is contained in Article 12 of the Human Rights Declaration.
(Ch. 1)
What right is contained in Article 19 of the Human Rights Declaration? - correct answer The right of
freedom of expression is contained in Article 19 of the Human Rights Declaration. (Ch. 1)
What article reconciles conflicts between Article 12 and Article 19 of the Human Rights Declaration?
- correct answer Article 29(2) reconciles the apparent conflict between Article 12 and Article 19,
stating that individual rights are not absolute and that there will be instances where a balance must
be struck to limit their exercise. (Ch. 1)
Why is the ECHR such a powerful instrument? - correct answer he ECHR is a powerful instrument
because of the scope of the fundamental rights and freedoms it protects. (Ch. 1)
List the thirteen rights that the ECHR protects. - correct answer The thirteen rights that the ECHR
protects are:
- Right to life
- Prohibition of torture
- Prohibition of slavery and forced labour
- Right to liberty and security
- Right to a fair trial
- No punishment without law
- Respect for private and family life
- Freedom of thought, conscience and religion
- Freedom of expression
- Freedom of assembly and expression
- Right to marry
- Right to an effective remedy
,- Prohibition of discrimination
Who oversees what is prescribed in the ECHR and how is the ECHR enforced? - correct answer The
ECHR is overseen by the European Court of Human Rights. The European Court of Human Rights
examines alleged breaches of the ECHR and ensure that states comply with their obligations under
the ECHR. (Ch. 1)
What rights are protected under Article 10 of the ECHR? - correct answer Article 10 of the ECHR
protects the right of freedom of expression and the right to share information and ideas across
national boundaries. (Ch. 1)
What do the Human Right s Declaration and the ECHR have in common? - correct answer Both the
Human Rights Declaration and the ECHR recognize a need for balance between the rights of
individuals and the justifiable interference with these rights, which is a common theme within data
protection law. (Ch. 1)
Describe the Guidelines on the Protection of Privacy and Transborder Flows of Personal Data that
were developed by OECD in 1980. What do they strive to accomplish? - correct answer The
"Guidelines" lay out basic rules governing trans-border data flows and the protection of personal
information and privacy in order to facilitate the harmonization of data protection law between
countries.
The Guidelines aim to strike a balance between protecting the privacy and the rights and freedoms
of individuals without creating any barriers to trade while allowing the
uninterrupted flow of personal data across national borders. (Ch. 1)
List the principles introduced by the Guidelines that should be followed by data controllers
processing personal information. - correct answer The principles introduced by the Guidelines that
should be followed by data controllers processing personal information are:
- Collection Limitation
- Data Quality
- Purpose Specification
- Use Limitation
- Security Safeguards
- Openness
- Individual Participation
, - Accountability
What was the first legally-binding international instrument in the area of data protection? - correct
answer Convention 108 (Ch. 1)
How does Convention 108 differ from the Guidelines? - correct answer It requires signatories to
take the necessary steps in their domestic legislation to apply the principles it lays down in order to
ensure respect for the fundamental human rights of all individuals with regard to processing of
personal information. (Ch. 1)
What are the three main parts of Convention 108? - correct answer The three main parts of
Convention 108 are:
(1) substantive law provisions in the form of basic principles,
(2) special rules on trans-border data flows, and
(3) mechanisms for mutual assistance and consultation between the parties. (Ch. 1)
Describe the main thrust of Article 12 of Convention 108. - correct answer Article 12 of Convention
108 provides that countries shall not impose any prohibitions or require any special authorisations
for the purpose of the protection of privacy before such transfers can take place when transfers of
personal information are made between signatories of Convention 108. (Ch. 1)
When is it permitted to deviate from the provisions of Convention 108? - correct answer It is
permissible to deviate from the provisions of Convention 108 when the exporting country has
specific national rules in place for certain categories of personal data and the importing country does
not provide equivalent protection or when the transfer is to a country that is not a party to
Convention 108. (Ch. 1)
True or False: There are many binding international legal instruments with a worldwide scope of
application in force today - correct answer False. Convention 108 remains the only binding
international legal instrument with a worldwide scope of application in the field of data protection
that is open to any country, including countries that are not members of the Council of Europe. (Ch.
1)
What is the goal of the European Commission's Directive 95/46/EC on the protection of individuals
with regard to the processing of personal data and on the free movement of such data? - correct
answer The aim of the Directive is to further reconcile the protection of the fundamental rights of
individuals with the free flow of data from one member state to another. This helps maintain
consistency with Articles 8 and 10 of the ECHR. (Ch. 1)
