Prepare for the Actual BCS Practitioner PDP9 Exam Practice Materials Collection
BCS Practitioner Certified Official Practice Test PDP9 - Mar-2024
BCS PDP9, or BCS Practitioner Certificate in Data Protection, is a certification exam that focuses on the principles and practices of data protection. PDP9 exam is designed for professionals who work with personal data and are responsible for ensuring that data is processed in compliance with relevant laws and regulations. The BCS PDP9 is an internationally recognized certification that demonstrates a professional's knowledge and expertise in the field of data protection.
NEW QUESTION # 18
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. No personal data is being transferred, therefore no transfer mechanism is needed
- C. China provides an adequate level of protection for personal data, therefore no transfer mechanism is needed
- D. There is a Data Processing Agreement in place 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 # 19
Which of the following would NOT be a personal data breach'?
- A. The accidental destruction of a current employee's HR file.
- B. The accidental deletion of an organisation's information security policy from the public facing website
- C. The unauthorised changing of a persons address details on a database of customers.
- D. The loss of a memory stick containing the names and addresses of students in private accommodation
Answer: B
Explanation:
Explanation
A personal data breach is defined in Article 4(12) of the UK GDPR as "a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed". Personal data means any information relating to an identified or identifiable natural person, such as a name, an identification number, location data, an online identifier or factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Therefore, a personal data breach only occurs when the security incident affects personal data, not any other type of information. In this case, the accidental deletion of an organisation's information security policy from the public facing website would not be a personal data breach, as the policy does not contain any personal data. However, the other scenarios would be considered personal data breaches, as they involve the loss, alteration, destruction or unauthorised access to personal data of customers, employees or students.
References:
* UK GDPR, Article 4(12)1
* UK GDPR, Article 4(1)2
* ICO Guide to Data Protection, Personal Data Breaches3
NEW QUESTION # 20
In which of the following circumstances does a public authority NOT need to appoint a Data Protection Officer?
- A. Where it processes special category data
- B. Where it is a court acting in its judicial capacity
- C. Where it is defined as a public body in the Data Protection Act 2018
- D. Where it processes a large amount of personal data
Answer: B
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 # 21
What is the basis of the accountability and data governance obligation (Article 5 (2) of the GDPR)?
- A. The controller shall appoint a DPO before carrying out large scale processing
- B. The controller shall be responsible for. and be able to demonstrate compliance with the data protection principles.
- C. Processors have overarching responsibility to ensure their processing is compliant
- D. Controllers and Processors each have a responsibility to conduct legitimate interests balancing tests before processing data for direct marketing
Answer: B
Explanation:
Explanation
Article 5(2) of the GDPR introduces the principle of accountability, which requires that the controller is responsible for, and be able to demonstrate compliance with, the data protection principles set out in Article
5(1). These principles are: lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and data protection by design and by default. The controller must implement appropriate technical and organisational measures to ensure and demonstrate compliance, such as policies, procedures, records, audits, reviews, and DPIAs. The controller must also cooperate with the supervisory authority and provide any information requested by it. The other options are not the basis of the accountability and data governance obligation, although they may be related to other obligations under the GDPR. References:
* Article 5(2) of the GDPR3
* ICO guidance on accountability and governance4
NEW QUESTION # 22
Under which circumstances can the 'domestic purposes' exemption be used to justify non-compliance with the Data Protection Act 2018?
A)An individual sells make up products for commission and uses social media to promote products to friends and family B)A couple are planning their daughter's wedding and use excel to store contact details and dietary needs of the guests C)An individual employs a babysitter and stores her bank details in an encrypted document in order to make payments D)A pansh council keeps a spreadsheet to manage bookings of the village hall, it contains only contact information and time slots E)A group of students are arranging a house party and using social media to invite people that they do and do not know
- A. B,and C
- B. B. C. D, and E
- C. A,B, C, and E.
- D. A. B.C. and D
Answer: A
Explanation:
Explanation
The domestic purposes exemption applies to personal data processed by an individual only for the purposes of their personal, family or household affairs. This means that theprocessing has no connection to any professional or commercial activity. Examples of such processing include writing to friends and family, taking pictures for personal enjoyment, or keeping an address book. However, the exemption does not apply if the individual processes personal data outside the reasonable expectations of the data subject, or if the processing causes unwarranted harm to the data subject's interests. Therefore, the exemption can be used to justify non-compliance with the Data Protection Act 2018 in scenarios B and C, where the processing is purely personal and does not affect the rights and freedoms of others. However, the exemption cannot be used in scenarios A, D and E, where the processing has a professional or commercial element, or involves sharing personal data with third parties without consent or legitimate interest. References:
* Data Protection Act 2018, Schedule 2, Part 1, Paragraph 21
* ICO Guide to Data Protection, Domestic Purposes2
* ICO Guide to Data Protection, Exemptions3
NEW QUESTION # 23
An investigation reveals that an individual is defrauding a public authority After a (suspected) tip off from a senior manager, the individual submits a Subject Access Request to the authority asking for a copy of all personal data relating to any investigations that have been carried out What would be the BEST approach?
- A. This is criminal offence data and therefore under the provisions of the Data Protection Act 2018, there is no obligation to disclose
- B. While the right to inform does not apply in relation to criminal acts, they need to disclose the information as this has not yet been passed to the police.
- C. The legal and professional privilege exemption applies to this information, and therefore the information does not need to be disclosed
- D. They do not need to disclose details of the investigation as they can rely on the crime and taxation exemption on the basis that disclosure would prejudice the investigation
Answer: D
Explanation:
Explanation
The crime and taxation exemption in Schedule 2, Part 1, Paragraph 2 of the Data Protection Act 2018 (DPA
2018) provides an exemption from the UK GDPR's transparency obligations and most individual rights, including the right of access, but only if complying with them would prejudice the prevention or detection of crime, or the apprehension or prosecution of offenders. This means that the public authority does not need to disclose details of the investigation to the individual who submitted the subject access request, as doing so would be likely to hinder the investigation and enable the individual to evade justice. The public authority should assess the likelihood of prejudice on a case-by-case basis and document its reasons for relying on the exemption. The other options are incorrect because:
* The legal and professional privilege exemption in Schedule 2, Part 1, Paragraph 19 of the DPA 2018 applies to personal data that is subject to an obligation of confidentiality arising from the provision of legal advice or legal representation, or from the conduct of legal proceedings. This exemption does not apply to the information held by the public authority about the investigation, as it is not related to any legal advice or representation, or any legal proceedings.
* The term "criminal offence data" refers to personal data relating to criminal convictions and offences, or related security measures. This type of data is subject to specific rules under Article 10 of the UK GDPR and Part 3 of the DPA2018. However, this does not mean that there is no obligation to disclose criminal offence data in response to a subject access request. The public authority still needs to consider whether any of the exemptions in the DPA 2018 apply, such as the crime and taxation exemption, before disclosing or withholding the data.
* The right to be informed does apply in relation to criminal acts, as the UK GDPR requires controllers to provide data subjects with information about the processing of their personal data, including the purposes and legal basis of the processing, unless an exemption applies. The fact that the information has not yet been passed to the police does not affect the applicability of the right to be informed or the right of access. References:
* Data Protection Act 2018, Schedule 2, Part 1, Paragraph 21
* ICO Guide to Data Protection, Crime and Taxation2
* Data Protection Act 2018, Schedule 2, Part 1, Paragraph 193
* UK GDPR, Article 104
* Data Protection Act 2018, Part 35
* UK GDPR, Article 13 and 146
NEW QUESTION # 24
Describe the act of processing under the authority of a controller or processor as stipulated in UK GDPR Article 29.
- A. Each processor and, where applicable, the processors representative shall maintain a record of all categories of processing activities earned out on behalf of a controller.
- B. The processor shall consult the supervisory authority prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the processor to mitigate the risk.
- C. The processor shall implement appropriate technical and organisational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed.
- D. A processor shall not process those data except on instructions from the controller, unless required to do so by domestic law
Answer: D
Explanation:
Explanation
Article 29 of UK GDPR states that the processor and any person acting under the authority of the controller or of the processor, who has access to personal data, shall not process those data except on instructions from the controller, unless required to do so by domestic law. This means that the processor must follow the controller's directions on how to handle the personal data, and cannot use it for its own purposes or deviate from the agreed terms. The only exception is when the processor is obliged by law to process the data in a different way, for example, to comply with a court order or a legal obligation. The other options are not related to Article 29, but to other articles of UK GDPR, such as Article 25 (data protection by design and by default), Article 30 (records of processing activities), and Article 36 (prior consultation). References:
* Article 29 of UK GDPR1
* ICO guidance on controllers and processors2
NEW QUESTION # 25
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 the data subject refuses to consent
- B. When the data subject is physically unable to be present
- C. When a data subject is incapacitated
- D. When another lawful basis applies.
Answer: C
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 # 26
Which one task are supervisory authorities NOT required to carry out under Article 57(1 )(f) of the UK GDPR? Select the CORRECT answer.
- A. Handle complaints lodged by a data subject
- B. Co-ordinate where necessary with other supervisory authorities
- C. Investigate complaints and inform the complainant of the progress of their investigation
- D. Mediate between the complainant and the entity against which the complaint has been lodged, to resolve the complaint
Answer: D
Explanation:
Explanation
Article 57(1)(f) of the UK GDPR requires the supervisory authority (the ICO in the UK) to handle complaints lodged by a data subject, investigate the subject matter of the complaint, and inform the complainant of the progress and the outcome of the investigation. It also requires the supervisory authority to cooperate with other supervisory authorities if the complaint involves cross-border processing. However, it does not require the supervisory authority to mediate between the complainant and the controller or processor against which the complaint has been lodged, to resolve the complaint. This is not a task of the supervisory authority under the UK GDPR, although it may be possible in some cases as a way of achieving an amicable solution. References
:
* Article 57(1)(f) of the UK GDPR1
* ICO and complaints2
NEW QUESTION # 27
When were data protection rights first introduced into UK law'?
- A. 2018 (Data Protection Act 2018)
- B. 2000 (Data Protection Act 1998)
- C. 1984 (Data Protection Act 1984).
- D. 1992 (Data Protection Act 1992).
Answer: C
Explanation:
Explanation
Data protection rights were first introduced into UK law by the Data Protection Act 1984, which was enacted to implement the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 1981. The Data Protection Act 1984 established a set of principles for the processing of personal data by data users, such as obtaining consent, ensuring accuracy, and limiting retention.
It also created a system of registration for data users and a Data Protection Registrar (later renamed as the Information Commissioner) to oversee and enforce the law. The Data Protection Act 1984 was replaced by the Data Protection Act 1998, which transposed the EU Data Protection Directive 1995 into UK law and extended the scope of data protection to cover manual as well as automated processing of personal data. The Data Protection Act 1998 was further amended by the Data Protection Act 2018, which incorporated the EU General Data Protection Regulation (GDPR) and the Law Enforcement Directive into UK law and made provisions for specific processing situations, such as national security, immigration, and journalism.
References:
* Data Protection Act 19844
* Council of Europe Convention 1085
* Data Protection Act 19986
* Data Protection Act 20187
NEW QUESTION # 28
Which of the following is NOT a role of the Information Commissioner's Office?
- A. Publishing a list of the kind of processing that is subject to the requirement for a DPIA
- B. Providing case by case advice on what retention period companies should use
- C. Encouraging the establishment of data protection certification mechanisms and of data protection seals
- D. Providing an annual activity report to Parliament
Answer: B
Explanation:
Explanation
The Information Commissioner's Office (ICO) is the UK's independent authority for data protection, which is responsible for upholding the UK GDPR and the Data Protection Act 2018, as well as other related legislation.
The ICO has various roles and tasks, such as monitoring and enforcing the application of the data protection law, promoting publicawareness and understanding of the risks and rights related to processing, advising the Parliament and the government on legislative and administrative measures concerning data protection, encouraging the development of codes of conduct and certification schemes, and handling complaints and investigations. However, the ICO does not provide case by case advice on what retention period companies should use, as this is a matter for the companies themselves to determine, based on their own purposes, legal obligations, and risk assessments. The ICO only provides general guidance on the data minimisation and storage limitation principles, which require that personal data should be kept only for as long as necessary and no longer than that. The ICO also expects companies to have clear policies and procedures on how they retain and dispose of personal data, and to document their retention periods and the reasons for them. References:
* Article 57 of the UK GDPR1
* ICO guidance on the role of the ICO2
* ICO guidance on data minimisation and storage limitation3
NEW QUESTION # 29
In the terms of their relevance under data protection legislation, how can CCTV images recorded in a supermarket BEST be described'?
- A. They are special category data as they identify special characteristics
- B. They are personal data as they can be used to identify living human beings
- C. The GDPR is only engaged where these are accompanied by text or other identifier
- D. They are biometric data in the terms of the definition stipulated in the GDPR.
Answer: B
Explanation:
Explanation
CCTV images recorded in a supermarket are personal data as they can be used to identify living human beings, either directly or indirectly, by their physical appearance, clothing, accessories, or other distinctive features.
Personal data is defined in Article 4(1) of the GDPR as "any information relating to an identified or identifiable natural person". The GDPR applies to the processing of personal data by automated means, such as CCTV cameras, or by non-automated means that form part of a filing system, such as paper records. The other options are incorrect because:
* CCTV images are not special category data as they do not reveal any of the sensitive information listed in Article 9(1) of the GDPR, such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sex life or sexual orientation, or biometric or genetic data.
Special category data is subject to stricter conditions and safeguards under the GDPR, as it poses a higher risk to the rights and freedoms of individuals.
* CCTV images are not biometric data in the terms of the definition stipulated in the GDPR. Biometric data is defined in Article 4(14) of the GDPR as "personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data". CCTV images do not result from specific technical processing, nor do they allow or confirm the unique identification of a natural person, unless they are combined with other data or identifiers.
* The GDPR is not only engaged where CCTV images are accompanied by text or other identifier. The GDPR applies to any information that relates to an identified or identifiable natural person, regardless of whether it is accompanied by text or other identifier. CCTV images can relate to an identifiable natural person even if they do not contain any text or other identifier, as long as there is a possibility to single out or link the person to other data or factors. References:
* GDPR, Article 4(1)1
* GDPR, Article 2(1)2
* GDPR, Article 9(1)3
* GDPR, Article 4(14)4
NEW QUESTION # 30
Which of the following is NOT a processor obligation?
- A. To consult the controller prior to appointing any processor.
- B. To follow the instructions of the controller in processing personal data
- 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 # 31
Which of the following statements MOST accurately describes why a risk-based approach to the use of Al is necessary?
- A. Al carries new and complex risks not present in other technologies
- B. Al is unlawful
- C. Al is inherently negative and its use should be limited
- D. Al's benefits make accepting all arising risks necessary.
Answer: A
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 # 32
An individual applies for a job as a security guard The employer has had significant issues with the sickness record of past recruits They therefore decide to offer the position to the individual on the basis they request a copy of their medical record so that the employer can be assured that they are in a good state of health.
The Data Protection Officer has been asked to advise. What advice is MOST appropriate?
- A. While requesting and viewing medical evidence may be legitimate, they should ask for evidence that the individual consents to the proposition that they make the request
- B. In requesting information that is more than they necessary require to verify the medical condition of the individual they will have breached the data minimisation principle
- C. This is a criminal offence under the Data Protection Act 2018 No individual should be asked to make a subject access request in order to obtain health records in these circumstances.
- D. Providing the medical evidence is used for a legitimate purpose, and that the information is securely destroyed on verification that the employee is healthy, this is an acceptable action.
Answer: C
Explanation:
Explanation
The Data Protection Act 2018 (DPA 2018) makes it a criminal offence for a person to require another person to make a subject access request for information about their health, convictions or cautions, or spent convictions, and to provide that information to the first person or a third person, as a condition of providing or offering to provide goods, facilities or services, or as a condition of entering into or continuing a contract. This is known as an enforced subject access request. The employer in this scenario is committing a criminal offence by offering the job to the individual on the condition that they request a copy of their medical record and provide it to the employer. The employer is also breaching the data protection principles of lawfulness, fairness, transparency, purpose limitation, data minimisation, and storage limitation, as they are processing health data, which is a special category of personal data, without a valid legal basis, without informing the individual of the purpose and legal basis of the processing, and without limiting the processing to what is necessary and relevant for the employment relationship. The employer should instead obtain the individual's explicit consent to request the health information directly from the relevant health professional, and only request the information that is necessary and proportionate for the specific role of a security guard. References
:
* Section 184 of the DPA 20183
* ICO guidance on enforced subject access requests4
* ICO guidance on special category data5
NEW QUESTION # 33
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 # 34
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