PDP9 Practice Test Questions Updated 42 Questions
BCS PDP9 Dumps - Secret To Pass in First Attempt
BCS Practitioner Certificate in Data Protection (PDP9) certification exam is a comprehensive and industry-recognized qualification that provides professionals with the knowledge and skills to effectively manage data protection and privacy. PDP9 exam covers essential topics such as data protection legislation, the role of the DPO, data protection impact assessments, and international data transfers. BCS Practitioner Certificate in Data Protection certification is widely recognized and accredited by various organizations and professional bodies, making it an essential certification for those responsible for data protection compliance.
NEW QUESTION # 20
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. Encouraging the establishment of data protection certification mechanisms and of data protection seals
- C. Providing case by case advice on what retention period companies should use
- D. Providing an annual activity report to Parliament
Answer: C
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 # 21
What is the basis of the accountability and data governance obligation (Article 5 (2) of the GDPR)?
- A. Controllers and Processors each have a responsibility to conduct legitimate interests balancing tests before processing data for direct marketing
- B. Processors have overarching responsibility to ensure their processing is compliant
- C. The controller shall appoint a DPO before carrying out large scale processing
- D. The controller shall be responsible for. and be able to demonstrate compliance with the data protection principles.
Answer: D
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
What does NOT have an exemption prescribed under schedule 3 of the Data Protection Act 2018?
- A. Health data
- B. Credit checking agency data
- C. Social Work Data.
- D. Education data, examination scripts and marks
Answer: B
NEW QUESTION # 23
Which of the following statements MOST accurately describes the potential impact of Al on the principle of transparency?
- A. Transparency requirements do not apply to Al, as there is a relevant exemption
- B. Al can lead to invisible processing, with data subjects not being aware of its presence.
- C. Transparency requirements do not apply to Al, as it is always compatible with original purposes
- D. Data subjects should generally expect Al to be present in processing activities
Answer: B
Explanation:
Explanation
The principle of transparency requires that any processing of personal data is fair, lawful and transparent to the data subjects. This means that data subjects should be informed about the existence, nature, purpose and consequences of the processing, as well as their rights and choices regarding their data. Transparency is essential for ensuring accountability, trust and compliance in data processing. However, the use of AI can pose challenges to the principle of transparency, as AI can lead to invisible processing, with data subjects not being aware of its presence, or the logic, significance and implications of the processing. For example, AI can be used to profile, infer, predict or influence the behaviour, preferences, interests, emotions or personality of data subjects, without their knowledge or consent. AI can also be used to make automated decisions that affect data subjects, such as credit scoring, recruitment, health diagnosis or social benefits, without providing meaningful explanations or opportunities for human intervention. Therefore, it is important to ensure that data subjects are informed and empowered when AI is involved in the processing of their data, and that they can exercise their rights, such as the right to access, rectify, object, restrict, erase or port their data, or the right to challenge or contest automated decisions56. References:
* Guidance on AI and data protection5
* Explaining decisions made with AI6
NEW QUESTION # 24
What is the Employment Practices Code?
- A. Guidance on the requirements for employing a Data Protection Officer
- B. Guidance on meeting legal requirements of data protection when employing staff
- C. A statutory framework for implementing data protection training for employees.
- D. A set of exemptions that can be used when processing data related to employees
Answer: B
Explanation:
Explanation
The Employment Practices Code is a guidance document issued by the ICO that provides recommendations on how to comply with the data protection principles and the rights of data subjects when processing personal data in the context of employment. The code covers various aspects of employment practices, such as recruitment and selection, employment records, monitoring at work, and information about workers' health.
The code is not legally binding, but it reflects the ICO's interpretation of the Data Protection Act and the UK GDPR, and it may be used as evidence in legal proceedings or investigations. The code is intended to help employers balance their legitimate interests in managing their workforce with the privacy rights of their workers. References:
* The Employment Practices Code
* Quick Guide to the Employment Practices Code
NEW QUESTION # 25
If a complainant disagrees with the decision of the UK's supervisory authority, how do they appeal this decision?
- A. To the First Tier Tribunal (Information Rights)
- B. To the European Data Protection Supervisor.
- C. To the Information Commissioner
- D. To the European Commission
Answer: A
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 # 26
Under the Privacy and Electronic Communications Regulations, organisations must NOT make marketing telephone calls to which of the following?
- A. Any person who has not consented to receiving marketing calls
- B. Any person outside of the United Kingdom.
- C. Any person under the age of 18, unless their parent or guardian has provided permission
- D. Any person who is registered with the Telephone Preference Service, unless they have given specific consent to receive your calls
Answer: D
Explanation:
Explanation
The Privacy and Electronic Communications Regulations (PECR) are a set of rules that regulate the use of electronic communications for marketing purposes, such as phone calls, texts, emails and faxes. One of the rules is that organisations must not make unsolicited marketing calls to individuals who have registered their numbers with the Telephone Preference Service (TPS), unless they have given their prior consent to receive such calls from that organisation. The TPS is a free service that allows individuals to opt out of receiving any marketing calls. It is a legal requirement for organisations to check the TPS before making any marketing calls and to respect the preferences of the individuals registered on it. If an organisation fails to comply with this rule, it may face enforcement action from the Information Commissioner's Office (ICO), which is the UK's data protection authority and the regulator of PECR. References:
* Telephone Preference Service
* Marketing calls
* Enforcement action
NEW QUESTION # 27
What are Information Society Services'? Select the INCORRECT answer
- A. Business to business online networking sites
- B. A service provided for remuneration, by electronic means, at distance to an individual that has requested it.
- C. Information services provided by non-profit or government organisations with no remuneration
- D. An electronic information service provided to individuals but paid for solely by advertising
Answer: C
Explanation:
Explanation
Information society services (ISS) are defined in Article 4(25) of the UK GDPR as "any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services". This means that ISS are online services that are paid for, either by the user or by another source of income, such as advertising or sponsorship, and that are provided without the parties being physically present, using electronic equipment for the transmission and reception of data, and upon the request of the user.
Examples of ISS include apps, programs, websites, search engines, social media platforms, online marketplaces, content streaming services, online games, and any other online services that offer goods or services to users over the internet. Therefore, options A, B and C are correct examples of ISS, as they meet the criteria of the definition. However, option D is not a correct example of ISS, as it does not involve any remuneration for the service provider. Information services provided by non-profit or government organisations with no remuneration are not considered ISS under the UK GDPR, unless they compete with other ISS on the market. References:
* UK GDPR, Article 4(25)4
* Services covered by this code5
NEW QUESTION # 28
Article 57 of the UK GDPR states that the tasks of the Commissioner include -Select the INCORRECT answer
- A. Advising UK Parliament on issues related to the protection of personal data
- B. Adopting consistency findings in cross-border data protection cases
- C. Providing general guidance to clarify the law.
- D. Handling complaints raised by individuals/data subjects
Answer: B
Explanation:
Explanation
Article 57 of the UK GDPR states that the tasks of the Commissioner include handling complaints raised by individuals/data subjects, providing general guidance to clarify the law, and advising UK Parliament on issues related to the protection of personal data, among other tasks. However, adopting consistency findings in cross-border data protection cases is not a task of the Commissioner, but of the European Data Protection Board (EDPB), which is an independent body composed of the heads of the supervisory authorities of the EU and EEA member states and the European Data Protection Supervisor. The EDPB is responsible for ensuring the consistent application of the EU GDPR across the EU and EEA, and for issuing opinions and decisions on matters of general application or affecting more than one member state. The UK is no longer part of the EU or the EEA, and therefore the EDPB does not have jurisdiction over the UK GDPR or the Commissioner. The UK has its own mechanism for ensuring consistency and cooperation with other countries, which involves the Commissioner and the Secretary of State. References:
* Article 57 of the UK GDPR1
* Article 63 and 64 of the EU GDPR4
* ICO guidance on the UK GDPR and the EU GDPR5
NEW QUESTION # 29
You are a consulting Data Protection Officer (DPO) for a holiday resort You have been asked to conduct a Data Protection Impact Assessment (DPIA) for them in advance of adopting a new HR management database.
While working through the DPIA, which of the following is NOT a requirement?
- A. Describe the processing
- B. Identify measures to mitigate the risks
- C. Sign off and record outcomes.
- D. Publish any potential risks in your information notice.
Answer: D
Explanation:
Explanation
A DPIA is a process to help identify and minimise the data protection risks of a project that is likely to result in a high risk to individuals. A DPIA must include the following elements, according to Article 35(7) of the UK GDPR1:
* a description of the processing, including its purposes and legal basis;
* an assessment of the necessity and proportionality of the processing in relation to its purposes;
* an assessment of the risks to the rights and freedoms of individuals; and
* the measures envisaged to address the risks and demonstrate compliance with the UK GDPR.
There is no requirement to publish any potential risks in the information notice, which is a document that provides individuals with information about how their personal data is processed, as required by Article 13 and
14 of the UK GDPR2. However, it may be good practice to do so, as well as to consult with individuals or their representatives, where appropriate, as part of the DPIA process. This can help to enhance transparency, trust and accountability, and to identify any additional risks or concerns from the perspective of the data subjects. References:
* Article 35(7) of the UK GDPR1
* Article 13 and 14 of the UK GDPR2
NEW QUESTION # 30
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. £17 5 million or 4% of gross annual turnover
- C. £8.7 million or 2% of gross annual turnover
- D. £10 million or 4% of gross annual turnover
Answer: B
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 # 31
Two businesses decide to work together to sell their products by mail order Orders are made via a single online website and they each use their existing employees to administer and update each other's orders on a single order system regardless of product.
Which of the below is CORRECT of the roles of the two businesses in relation to the single order system'?
- A. They are controllers of their own information contained in the single order system only
- B. They are both joint controllers of the information contained in the single order system
- C. They are controllers of their own information in the single order system and processors of the information they process on behalf of the other business.
- D. The businesses are controllers of their respective information, and the staff are processors of this information
Answer: B
Explanation:
Explanation
The two businesses are both joint controllers of the information contained in the single order system, because they jointly determine the purposes and means of the processing. They have a shared purpose of selling their products by mail order and they agree on the means of processing by using a single online website and a single order system. Their decisions complement each other and are necessary for the processing to take place. The processing by each party is inseparable and inextricably linked. Therefore, they meet the criteria for joint controllership under the GDPR. References:
* Article 26 of the GDPR1
* Guidelines 07/2020 on the concepts of controller and processor in the GDPR2, pp. 16-24
NEW QUESTION # 32
When does a personal data breach need to be reported to a supervisory authority?
- A. Where the personal data breach is likely to result in a risk to the rights and freedoms of natural persons.
- B. When the controller's right of freedom of expression outweighs the data subject's right to a private home and family life.
- C. Only where a disclosure is of special category data
- D. All personal data breaches must be reported to a supervisory authority
Answer: A
Explanation:
Explanation
Article 33 of the UK GDPR requires controllers to notify the supervisory authority of a personal data breach without undue delay and, where feasible, not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. This means that not all personal data breaches need to be reported to the supervisory authority, only those that pose a risk to individuals. The risk should be assessed in terms of the potential negative consequences for individuals, such as discrimination, identity theft, fraud, financial loss, damage to reputation, loss of confidentiality, or any other significant economic or social disadvantage. The UK GDPR also requires controllers to communicate the personal data breach to the affected data subjects without undue delay, where the breach is likely to result in a high risk to their rights and freedoms. The other options are incorrect because:
* The UK GDPR does not require all personal data breaches to be reported to the supervisory authority, only those that pose a risk to individuals. However, controllers must document all personal data breaches, regardless of whether they are reported or not, as part of their accountability obligations.
* The UK GDPR does not make a distinction between personal data and special category data when it comes to reporting personal data breaches. Special category data is a type of personal data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health, sex life or sexual orientation, or biometric or genetic data for the purpose of uniquely identifying a natural person. The processing of special category data is subject to stricter conditions and safeguards under the UK GDPR, but the reporting of personal data breaches involving such data is subject to the same criteria as any other personal data breach, namely the risk to individuals.
* The UK GDPR does not provide an exemption from reporting personal data breaches based on the controller's right of freedom of expression. The right of freedom of expression is a fundamental right that is recognised and protected by the UK GDPR, but it is not an absolute right that overrides the rights and freedoms of data subjects. The UK GDPR allows Member States to provide for exemptions or derogations from certain provisions of the UK GDPR for the processing of personal data carried out for journalistic purposes or the purpose of academic, artistic or literary expression, where such exemptions or derogations are necessary to reconcile the right to the protection of personal data with the right to freedom of expression and information. However, these exemptions or derogations do not apply to the obligation to report personal databreaches to the supervisory authority, unless the Member State law specifies otherwise. References:
* UK GDPR, Article 334
* UK GDPR, Article 34
* UK GDPR, Article 9
* UK GDPR, Article 85
NEW QUESTION # 33
Which of the following is NOT a processor obligation?
- A. To consult the controller prior to appointing any processor.
- B. To provide the controller with corporate information relating to its board members.
- C. To inform the controller of any intended changes of other processors so they can object
- D. To follow the instructions of the controller in processing personal data
Answer: B
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 # 34
Describe the act of processing under the authority of a controller or processor as stipulated in UK GDPR Article 29.
- A. A processor shall not process those data except on instructions from the controller, unless required to do so by domestic law
- 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. 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.
Answer: A
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 # 35
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. No personal data is being transferred, therefore no transfer mechanism is needed
- B. There is a Data Processing Agreement in place therefore no transfer mechanism is needed
- C. The French company must identify and implement an appropriate transfer mechanism
- D. China provides an adequate level of protection for personal data, therefore no transfer mechanism is needed
Answer: C
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 # 36
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. Investigate complaints and inform the complainant of the progress of their investigation
- B. Handle complaints lodged by a data subject
- C. Co-ordinate where necessary with other supervisory authorities
- 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 # 37
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BCS Practitioner Certificate in Data Protection (PDP9) is an advanced and comprehensive certification program designed to teach professionals the crucial skills required to manage and oversee data protection strategies, frameworks and practices. The program covers the legal, technical and organizational aspects of data protection, equipping candidates with the knowledge, expertise and confidence to support their organization's data protection activities.
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