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NEW QUESTION 22
When is data sharing agreement MOST likely to be needed?
- A. When anonymized data is being shared.
- B. When personal data is being shared between commercial organizations acting as joint data controllers.
- C. When personal data is being proactively shared by a controller to support a police investigation.
- D. When personal data is being shared with a public authority with powers to require the personal data to be disclosed.
Answer: B
NEW QUESTION 23
What is the main challenge financial institutions face when managing user preferences?
- A. Ensuring that preferences are applied consistently across channels and platforms
- B. Ensuring they are in compliance with numerous complex state and federal privacy laws
- C. Determining the legal requirements for sharing preferences with their affiliates
- D. Developing a mechanism for opting out that is easy for their consumers to navigate
Answer: A
NEW QUESTION 24
SCENARIO
Please use the following to answer the next question:
The fitness company Vigotron has recently developed a new app called M-Health, which it wants to market on its website as a free download. Vigotron's marketing manager asks his assistant Emily to create a webpage that describes the app and specifies the terms of use. Emily, who is new at Vigotron, is excited about this task.
At her previous job she took a data protection class, and though the details are a little hazy, she recognizes that Vigotron is going to need to obtain user consent for use of the app in some cases. Emily sketches out the following draft, trying to cover as much as possible before sending it to Vigotron's legal department.
Registration Form
Vigotron's new M-Health app makes it easy for you to monitor a variety of health-related activities, including diet, exercise, and sleep patterns. M-Health relies on your smartphone settings (along with other third-party apps you may already have) to collect data about all of these important lifestyle elements, and provide the information necessary for you to enrich your quality of life. (Please click here to read a full description of the services that M-Health provides.) Vigotron values your privacy. The M-Heaith app allows you to decide which information is stored in it, and which apps can access your data. When your device is locked with a passcode, all of your health and fitness data is encrypted with your passcode. You can back up data stored in the Health app to Vigotron's cloud provider, Stratculous. (Read more about Stratculous here.) Vigotron will never trade, rent or sell personal information gathered from the M-Health app. Furthermore, we will not provide a customer's name, email address or any other information gathered from the app to any third- party without a customer's consent, unless ordered by a court, directed by a subpoena, or to enforce the manufacturer's legal rights or protect its business or property.
We are happy to offer the M-Health app free of charge. If you want to download and use it, we ask that you first complete this registration form. (Please note that use of the M-Health app is restricted to adults aged 16 or older, unless parental consent has been given to minors intending to use it.)
* First name:
* Surname:
* Year of birth:
* Email:
* Physical Address (optional*):
* Health status:
*If you are interested in receiving newsletters about our products and services that we think may be of interest to you, please include your physical address. If you decide later that you do not wish to receive these newsletters, you can unsubscribe by sending an email to unsubscribe@vigotron.com or send a letter with your request to the address listed at the bottom of this page.
Terms and Conditions
1.Jurisdiction. [...]
2.Applicable law. [...]
3.Limitation of liability. [...]
Consent
By completing this registration form, you attest that you are at least 16 years of age, and that you consent to the processing of your personal data by Vigotron for the purpose of using the M-Health app. Although you are entitled to opt out of any advertising or marketing, you agree that Vigotron may contact you or provide you with any required notices, agreements, or other information concerning the services by email or other electronic means. You also agree that the Company may send automated emails with alerts regarding any problems with the M-Health app that may affect your well being.
Emily sends the draft to Sam for review. Which of the following is Sam most likely to point out as the biggest problem with Emily's consent provision?
- A. Direct marketing requires explicit consent, whereas the registration form only provides for a right to object
- B. The provision of the fitness app should be made conditional on the consent to the data processing for direct marketing.
- C. Processing health data requires explicit consent, but the form does not ask for explicit consent.
- D. It is not legal to include fields requiring information regarding health status without consent.
Answer: A
NEW QUESTION 25
Which EU institution is vested with the competence to propose new data protection legislation on its own initiative?
- A. The Canadian Parliament
- B. Office of the Privacy Commissioner of Canada
- C. The Canadian Council
- D. The Canadian Commission
Answer: B
NEW QUESTION 26
Under the GDPR, who would be LEAST likely to be allowed to engage in the collection, use, and disclosure of a data subject's sensitive medical information without the data subject's knowledge or consent?
- A. A journalist writing an article relating to the medical condition in QUESTION, who believes that the publication of such information is in the public interest.
- B. A health professional involved in the medical care for the data subject, where the data subject's life hinges on the timely dissemination of such information.
- C. A member of the judiciary involved in adjudicating a legal dispute involving the data subject and concerning the health of the data subject.
- D. A public authority responsible for public health, where the sharing of such information is considered necessary for the protection of the general populace.
Answer: D
NEW QUESTION 27
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