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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.
NEW QUESTION # 10
Which of the following statements MOST accurately describes why a risk-based approach to the use of Al is necessary?
- A. Al's benefits make accepting all arising risks necessary.
- B. Al is inherently negative and its use should be limited
- C. Al carries new and complex risks not present in other technologies
- D. Al is unlawful
Answer: C
Explanation:
Explanation
Artificial intelligence (AI) is the use of digital systems to perform tasks that would normally require human intelligence, such as recognition, decision making, learning and adaptation. AI can bring many benefits to society, such as innovation, efficiency, personalisation and convenience. However, AI also carries new and complex risks that are not present in other technologies, such as opacity, unpredictability, bias, discrimination, intrusion, manipulation and harm. These risks can affect the rights and freedoms of individuals, especially their data protection rights, such as privacy, transparency, fairness, accuracy and accountability. Therefore, a risk-based approach to the use of AI is necessary, which means identifying, assessing and mitigating the potential adverse impacts of AI on individuals and society, while balancing them with the benefits and opportunities. A risk-based approach also means complying with the relevant legal and ethical frameworks, such as the UK GDPR and the DPA 2018, and following the best practices and guidance issued by the ICO and other authorities on AI and data protection234. References:
* Guidance on AI and data protection2
* Explaining decisions made with AI3
* AI auditing framework4
NEW QUESTION # 11
What factors should be considered when looking at security of processing under Article 32 of the GDPR?
Select the INCORRECT answer
- A. The most secure option available
- B. The likelihood of a risk to the rights of the data subjects
- C. Lawfulness of processing
- D. Adherence to an approved code of conduct
Answer: C
Explanation:
Explanation
Lawfulness of processing is not a factor that should be considered when looking at security of processing under Article 32 of the GDPR. Lawfulness of processing is a separate requirement that applies to all processing of personal data, regardless of the level of security. Security of processing under Article 32 of the GDPR should be based on the following factors:
* The state of the art and the costs of implementation of the security measures;
* The nature, scope, context and purposes of the processing;
* The risk of varying likelihood and severity for the rights and freedoms of natural persons;
* Adherence to an approved code of conduct or an approved certification mechanism (as an element to demonstrate compliance). References:
* Article 32 of the GDPR1
* Guidelines 07/2020 on the concepts of controller and processor in the GDPR2, p. 36
NEW QUESTION # 12
Where a processor engages another processor ("sub-processor") to carry out processing activities on behalf of a controller, which of the following statements is CORRECT?
- A. The processor may use the sub-processor without the written authorisation of the controller if it adheres to an approved code of conduct
- B. The processor may use the sub-processor without the written authorisation of the controller if the processing is deemed to be low risk.
- C. The processor may use the sub-processor without the written authorisation of the controller if the sub-processor signs a contract which reflects the same obligations as the contract with the controller
- D. The processor must receive prior written authorisation to use the sub-processor
Answer: D
Explanation:
Explanation
Article 28(2) of UK GDPR states that where a processor engages another processor ("sub-processor") for carrying out specific processing activities on behalf of the controller, the same data protection obligations as set out in the contract or other legal act between the controller and the processor shall be imposed on that other processor by way of a contract or other legal act under domestic law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of UK GDPR. The processor shall not engage another processor without prior specific or general written authorisation of the controller. In the case of general written authorisation, theprocessor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes. The other options are incorrect, as they do not reflect the requirements of UK GDPR for using a sub-processor. The processor cannot use a sub-processor without the written authorisation of the controller, regardless of whether it adheres to an approved code of conduct, signs a contract with the same obligations as the controller, or deems the processing to be low risk. References:
* Article 28(2) of UK GDPR1
* ICO guidance on contracts and liabilities between controllers and processors3
NEW QUESTION # 13
A company has twenty retail outlets in France and thirty retail outlets in Belgium The payroll department and the Data Protection Officer are based in Poland.The Company Board and administrative functions are based in Germany. Determine where the company's 'mainestablishment' would be
- A. France
- B. Germany
- C. Belgium
- D. Poland
Answer: B
Explanation:
Explanation
The main establishment of a controller or a processor in the EU is the place where the decisions on the purposes and means of the processing of personal data are taken and implemented. According to Recital 36 of the GDPR, the main establishment of a controller with establishments in more than one Member State should be the place of its central administration in the EU, unless the decisions on the processing are taken in another establishment of the controller in the EU and the latter establishment has the power to have such decisions implemented, in which case the establishment havingtaken such decisions should be considered to be the main establishment. Similarly, the main establishment of a processor with establishments in more than one Member State should be the place of its central administration in the EU, or, if the processor has no central administration in the EU, the establishment of the processor in the EU where the main processing activities take place to the extent that the processor is subject to specific obligations under the GDPR. The main establishment is relevant for determining the lead supervisory authority, the applicable law, and the jurisdiction of the courts for cross-border processing of personal data. In this case, the company's main establishment would be Germany, as it is the place where the company board and administrative functions are based and where the decisions on the processing of personal data are likely to be taken and implemented.
References:
* Recital 36 of the GDPR8
* Article 4(16) of the GDPR9
* Article 56 of the GDPR
NEW QUESTION # 14
Which of the following statements are CORRECT about records of processing'?
A It must contain contact details for the Data Protection Officer where applicable.
B It must be submitted to the Information Commissioner's Office following every Data Protection ImpactAssessment C It is mandatory for all data processors D The controller or the processor a mustmakesthe record available to the supervisory authority on request
E. It must contain contact details for the supervisory authority
- A. A,C,andE
- B. A. C,D, and E
- C. A, C,andD
- D. B, C. and D
Answer: C
Explanation:
Explanation
Article 30 of the UK GDPR3 requires both controllers and processors to maintain records of their processing activities, unless they are exempted under certain conditions. The records must contain the following information, among others:
* the name and contact details of the controller or the processor, and of any joint controller, representative or data protection officer;
* the purposes of the processing;
* the categories of data subjects and personal data;
* the categories of recipients to whom the personal data have been or will be disclosed, including recipients in third countries or international organisations;
* where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and the documentation of suitable safeguards;
* where possible, the envisaged time limits for erasure of the different categories of data;
* where possible, a general description of the technical and organisational security measures.
The records must be in writing, including in electronic form, and must be made available to the ICO on request. The records do not need to contain contact details of the supervisory authority, as this is not specified in Article 30. Nor do they need to be submitted to the ICO following every DPIA, as this is not required by Article 35, which only obliges the controller to consult the ICO prior to the processing if the DPIA indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk. References:
* Article 30 of the UK GDPR3
* Article 35 of the UK GDPR4
NEW QUESTION # 15
If a complainant disagrees with the decision of the UK's supervisory authority, how do they appeal this decision?
- A. To the European Commission
- B. To the Information Commissioner
- C. To the European Data Protection Supervisor.
- D. To the First Tier Tribunal (Information Rights)
Answer: D
Explanation:
Explanation
If a complainant disagrees with the decision of the UK's supervisory authority, which is the Information Commissioner's Office (ICO), they have the right to appeal to the First Tier Tribunal (Information Rights).
The tribunal is an independent body that can review the ICO's decision and either uphold it, vary it or cancel it. The tribunal can also direct the ICO to take certain actions, such as issuing a decision notice or an enforcement notice. The appeal must be lodged within 28 days of receiving the ICO's decision, using the notice of appeal form and providing the relevant documents and grounds for appeal. The tribunal will then notify the ICO and the complainant of the appeal and the procedure for dealing with it. The tribunal may hold a hearing to examine the evidence and arguments of both parties, or decide the case on the basis of written submissions only. The tribunal will issue a written decision, which will be sent to both parties and published on the tribunal's website. The tribunal's decision can be further appealed tothe Upper Tribunal on a point of law, with the permission of the First Tier Tribunal or the Upper Tribunal. References:
* Information rights and data protection: appeal against the Information Commissioner1
* Notice of appeal form2
* First Tier Tribunal (Information Rights) website3
NEW QUESTION # 16
What is the meaning of storage limitation in relation to UK GDPR Article 5 (1 )(e)?
- A. Only storing data in locations within the EU. except where there is an adequacy decision.
- B. Storing data in a secure format only permitting access to those with a business need
- C. Limiting the number of records stored in any single repository to minimise risk surface.
- D. Keeping identifiable personal data for no longer than is necessary for the intended processing
Answer: D
Explanation:
Explanation
Storage limitation is one of the principles of data protection under the UK GDPR. It means that personal data should not be kept in a form that allows identification of data subjects for longer than is necessary for the purposes for which the data are processed. The UK GDPR does not specify any fixed time limits for different types of data, but rather requires data controllers to determine and justify the appropriate retention periods for their processing activities, taking into account factors such as the nature, scope, context and purposes of the processing, the risks to the rights and freedoms of data subjects, and the legal obligations and expectations of the data controller. Data controllers should also have a policy setting out standard retention periods where possible, and review the data they hold regularly to ensure that it is erased or anonymised when it is no longer needed. Data subjects have the right to request the erasure of their personal data if the data controller no longer has a lawful basis or a legitimate interest for keeping it. The UK GDPR allows for some exceptions to the storage limitation principle, such as when the personal data is processed solely forarchiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to appropriate safeguards for the rights and freedoms of data subjects. References:
* UK GDPR, Article 5 (1) (e) and (2)4
* UK GDPR, Article 175
* UK GDPR, Article 896
* ICO Guide to Data Protection, Storage Limitation7
NEW QUESTION # 17
Of the following options which is NOT a purpose of carrying out a Data Protection Impact Assessment (DPIA)?
- A. It fulfils a requirement that data protection is carried out by design and default.
- B. It is key to the accountability element of the GDPR.
- C. It is necessary to fulfil the requirement that all DPIAs are submitted to the ICO
- D. It assists in identifying the main risks that may exist in any use of data, so that they can be mitigated
Answer: C
NEW QUESTION # 18
Which of the below would be the BEST example of processing that could utilise the Public Interest Task lawful basis?
- A. A tax authority drops cookies on the devices of visitors to its website
- B. A debt collection agency processing information relating to unpaid fines for misuse of community council car parking.
- C. A local authority processing the personal information of the person responsible for paying council tax
- D. A health authority processing the personal information of its staff in order to record all training undertaken
Answer: C
Explanation:
Explanation
The public interest task lawful basis applies to the processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. The relevant task or authority must have a clear basis in domestic law, such as a statutory power, a common law duty, or a function of the Crown, central or local government. The processing must also be necessary, meaning that there is no reasonable and less intrusive way to achieve the same purpose. The public interest task lawful basis is most relevant to public authorities, but it can also apply to any organisation that exercises official authority or carries out tasks in the public interest. In scenario C, a local authority processing the personal information of the person responsible for paying council tax is likely to rely on the public interest task lawful basis, as it is performing a task in the public interest that is laid down by law, namely the Local Government Finance Act 1992, and the processing is necessary for the collection and administration of council tax. In contrast, scenarios A, B and D are less likely to qualify for the public interest task lawful basis, as they do not involve a clear task or authority that is set out in law, or that serves the public interest. For example, a health authority processing the personal information of its staff in order to record all training undertaken may have a different lawful basis, such as legitimate interests or contractual necessity. A debt collection agency processinginformation relating to unpaid fines for misuse of community council car parking may not have any official authority or public interest justification for its processing. A tax authority dropping cookies on the devices of visitors to its website may not be able to demonstrate that the processing is necessary for its official functions, and may also need to comply with the Privacy and Electronic Communications Regulations (PECR) for the use of cookies. References:
* UK GDPR, Article 6 (1) (e) and (3)8
* ICO Guide to Data Protection, Public Task9
* Local Government Finance Act 199210
NEW QUESTION # 19
How are data sharing practices governed by data protection law?
- A. Data sharing practices are subject to the PECR until the new statutory Code of Practice is published
- B. Data sharing practices are covered in the DPA 2018, supported by a statutory Code of Practice that provides specific guidance
- C. Data sharing practices are covered by the Freedom of Information Act
- D. Data sharing practices are not specifically regulated, however the ICO provide best practice guidance
Answer: B
Explanation:
Explanation
Data sharing is the disclosure of personal data from one or more organisations to a third party organisation or organisations, or the sharing of personal data within an organisation. Data sharing practices are governed by data protection law, which includes the UK GDPR and the Data Protection Act 2018 (DPA 2018). The DPA
2018 contains specific provisions on data sharing, such as the power of the Information Commissioner's Office (ICO) to issue a statutory Code of Practice on data sharing. The ICO has published a Data Sharing Code of Practice1 that provides practical guidance on how to share data in a fair, safe and transparent way, in compliance with the data protection principles and the rights of data subjects. The code is not legally binding, but it reflects the ICO's interpretation of the law and it may be used as evidence in legal proceedings or investigations. The code also contains useful tools, case studies andexamples that can help organisations to share data effectively and responsibly. References:
* Data Sharing Code of Practice1
NEW QUESTION # 20
A company based in France uses a specialist IT support business in China The two companies have signed a Data Processing Agreement.The Chinese business provides specialist IT support for the French company's digital customer experience platform No personal data is sent to China, but employees of the Chinese business access the platform on a regular basis and have access to the databases that sit behind it.Which of the following statements is CORRECT in relation to the French company's requirements to ensure compliance with the GDPR?
- A. The French company must identify and implement an appropriate transfer mechanism
- B. There is a Data Processing Agreement in place therefore no transfer mechanism is needed
- C. China provides an adequate level of protection for personal data, therefore no transfer mechanism is needed
- D. No personal data is being transferred, therefore no transfer mechanism is needed
Answer: A
Explanation:
Explanation
According to the GDPR, a transfer of personal data to a third country or an international organisation occurs when the personal data is made available to someone outside the EU and EEA, regardless of whether the data is physically sent or not. Therefore, the fact that the Chinese business accesses the platform and the databases that contain personal data of the French company's customers constitutes a transfer of personal data to China, which is a third country under the GDPR. The French company, as the controller of the personal data, must ensure that the transfer complies with the GDPR requirements and that the level of protection of the personal data is not undermined. This means that the French company must identify and implement an appropriate transfer mechanism, such as an adequacy decision, appropriate safeguards, or derogations for specific situations, as set out in Chapter V of the GDPR. A data processing agreement, although necessary to define the roles and responsibilities of the controller and the processor, is not sufficient to ensure the legality of the transfer, as it does not provide the same guarantees as the GDPR. China is not a country that has been recognised by the European Commission as providing an adequate level ofprotection for personal data, so the French company cannot rely on an adequacy decision either. References:
* Article 44 of the GDPR1
* ICO guidance on international transfers2
NEW QUESTION # 21
Which of the following is NOT a processor obligation?
- A. To follow the instructions of the controller in processing personal data
- B. To consult the controller prior to appointing any processor.
- C. To inform the controller of any intended changes of other processors so they can object
- D. To provide the controller with corporate information relating to its board members.
Answer: D
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 # 22
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 a data subject is incapacitated
- B. When the data subject is physically unable to be present
- C. When the data subject refuses to consent
- D. When another lawful basis applies.
Answer: A
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 # 23
Where are the definitions of "Public Authority" and "Public Bodies" found?
- A. GDPRand Data Protection Act 2018.
- B. Data Protection Act 2018 and PECR.
- C. Freedom of Information Act 2000 and Data Protection Act 2018
- D. Data Protection Act 2018 only
Answer: C
Explanation:
Explanation
The definitions of "public authority" and "public body" for the purposes of the UK GDPR and the Data Protection Act 2018 are found in the Freedom of Information Act 2000 and the Data Protection Act 2018 respectively. Section 7 of the Data Protection Act 2018 provides that a public authority or a public body is one that is listed in Schedule 1 to the Freedom of Information Act 2000, or is designated by an order under section
5 of that Act. However, a court or tribunal acting in its judicial capacity is not considered a public authority or a public body under the Data Protection Act 2018. References:
* Section 7 of the Data Protection Act 20181
* Schedule 1 to the Freedom of Information Act 2000
NEW QUESTION # 24
Of the following options which is NOT a purpose of carrying out a Data Protection Impact Assessment (DPIA)?
- A. It fulfils a requirement that data protection is carried out by design and default.
- B. It is key to the accountability element of the GDPR.
- C. It is necessary to fulfil the requirement that all DPIAs are submitted to the ICO
- D. It assists in identifying the main risks that may exist in any use of data, so that they can be mitigated
Answer: C
Explanation:
Explanation
A DPIA is not required to fulfil the requirement that all DPIAs are submitted to the ICO, because this is not a requirement under the GDPR. The GDPR only requires that the controller consults the ICO before carrying out processing that is likely to result in a highrisk to individuals, if the controller cannot mitigate that risk. This means that not all DPIAs need to be submitted to the ICO, only those that identify a high residual risk that cannot be reduced. The other options are valid purposes of carrying out a DPIA, as they help the controller to comply with the GDPR, ensure data protection by design and by default, and identify and mitigate the main risks to individuals' rights and freedoms. References:
* Article 35 and 36 of the GDPR3
* ICO guidance on DPIAs5
NEW QUESTION # 25
A UK public body has a security breach, in which the details of a hundred thousand members of the public are published What is the MAXIMUM fine that they could receive for this breach?
- A. £20 million or 2% of gross annual turnover
- B. £8.7 million or 2% of gross annual turnover
- C. £17 5 million or 4% of gross annual turnover
- D. £10 million or 4% of gross annual turnover
Answer: C
Explanation:
Explanation
The UK GDPR and the Data Protection Act 2018 set a maximum fine of £17.5 million or 4% of annual global turnover, whichever is higher, for infringements of the data protection principles, the rights of data subjects, or the rules on transfers of personal data to third countries. This is the higher maximum penalty that applies to the most serious breaches of the UK GDPR. A security breach that exposes the details of a hundred thousand members of the public would likely fall under this category, as it would compromise the confidentiality and integrity of personal data, and potentially cause significant harm and distress to the data subjects. Therefore, the maximum fine that the UK public body could receive for this breach is £17.5 million or 4% of gross annual turnover, whichever is higher. References:
* Penalties3
* GDPR Penalties & Fines4
* Three years of GDPR: the biggest fines so far5
NEW QUESTION # 26
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 # 27
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