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Certified Information Privacy Professional/Europe (CIPP/E) Study Guide

Effective March 2017

WELCOME Congratulations on taking the first step toward achieving an IAPP privacy certification. This study guide contains the basic information you need to get started:

• • • • • • •

An explanation of the IAPP certification programme structure Key areas of knowledge for the CIPP/E programme Recommended steps to help you prepare for your exam A detailed body of knowledge for the CIPP/E programme An exam blueprint Example questions General exam information

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The IAPP Certification Programme Structure The IAPP currently offers three certification programmes: The Certified Information Privacy Professional (CIPP), the Certified Information Privacy Manager (CIPM) and the Certified Information Privacy Technologist (CIPT). The CIPP is the “what” of privacy. Earning this designation demonstrates your mastery of a principles-based framework in information privacy in a legal or practical specialisation. Within the CIPP, there are five concentrations:

• • • • •

Asian privacy (CIPP/A) Canadian privacy (CIPP/G) European privacy (CIPP/E) U.S. government privacy (CIPP/G) U.S. private-sector privacy (CIPP/US)

The CIPM is the “how” of privacy operations. Earning this designation shows you understand how to manage privacy in an organization through process and technology. The CIPT is the “how” of technology. Earning this designation shows you understand how to manage a privacy program across all stages of its lifecycle. There are no concentrations within the CIPM or CIPT—they cross all jurisdictions and industries.

Requirements for IAPP Certification 1. You must pay an annual maintenance fee of $125 USD OR

2. You can become a member of the IAPP—with access to numerous benefits like discounts,

networking opportunities, -only resources and more—for just $250 USD, which includes your annual maintenance fee.

More information about IAPP hip, including levels, benefits and rates, is available on the IAPP website at iapp.org/.

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CIPP/E Key Areas of Knowledge The Certified Information Privacy Professional/Europe (CIPP/E) programme is the first professional credential specific to European data protection professionals that is part of a comprehensive principles-based framework and knowledge base in information privacy. The CIPP/E encomes pan-European and national data protection laws, the European model for privacy enforcement, key privacy terminology, and practical concepts concerning the protection of personal data and trans-border data flows. Key areas of knowledge include: •

The content of European data protection law: origins, institutions and legislative framework

•

Data protection concepts, principles and application, processing criteria, obligations, data subject rights, confidentiality and security, notification requirements, international data transfers, and supervision and enforcement

• European data protection practices related to employment, surveillance, direct marketing and outsourcing •

Internet technology and communications, including cloud computing, search engines and social networking

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Preparation Privacy certification is an important effort that requires advance preparation. Deciding how you will prepare for your exams is a personal choice that should include an assessment of your professional background, scope of data protection knowledge and your preferred method of learning. In general, the IAPP recommends that you plan for a minimum of 20 hours of study time in advance of your exam date; however, you might need more or fewer hours depending on your personal choices and professional experience. The IAPP recommends you prepare in the following manner: 1. Review the Body of Knowledge

The body of knowledge for the CIPP/E programme is a comprehensive outline of the subject matter areas covered by the CIPP/E exam. Review it carefully to help determine which areas merit additional focus in your preparation. See pages 6–8. 2. Review the Exam Blueprint

The CIPP/E exam blueprint on page 9 specifies the number of items from each area of the body of knowledge that will appear on the exam. Studying the blueprint can help you further target your primary study needs. 3. Study the European Data Protection Resource Compendium

The new CIPP/E textbook is scheduled for an early summer 2017 release and will be fully updated to reflect the GDPR, but there’s no reason to wait to get certified. The IAPP is pleased to offer the European Data Protection Resource Compendium, available with purchase of online or instructor-led European Data Protection training. The Resource Compendium is a 200+ page extensive collection of detailed European data protection content. 4. Get Certification Training



The IAPP offers both in-person training classes and online training to help you prepare for your exams. You can find a list of scheduled classes and/or purchase online training on the IAPP website. 5. Take the CIPP/E Sample Questions

Sample questions are a great way to gain familiarity with the format and content of the actual designation exams. They are available for purchase in a able PDF file containing the questions, an answer key and an explanation of each correct answer. Sample questions are included free with the purchase of CIPP/E online and live training classes. 6. Review other IAPP Preparation Resources

Additional resources are available on the IAPP website, including a searchable glossary of .

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CIPP/E Common Body of Knowledge Outline I. I. Introduction to European Data Protection

A. Origins and Historical Context 1. Rationale for data protection 2. Human rights laws 3. Early laws and regulations 4. The need for a harmonised European approach 5. The Treaty of Lisbon 6. A modernised framework B. European Institutions 1. Council of Europe 2. European Court of Human Rights 3. European Parliament 4. European Commission 5. European Council 6. European Court of Justice C. Legislative Framework 1. The Council of Europe Convention for the Protection of Individuals with Regard to the Automatic Processing of Personal Data of 1981 (The CoE Convention) 2. The EU Data Protection Directive (95/46/EC) 3. The EU Directive on Privacy and Electronic Communications (2002/58/EC) – as amended 4. The EU Directive on Electronic Commerce (2000/31/EC) 5. European data retention regimes 6. The General Data Protection Regulation (GDPR) and related legislation II. European Data Protection Law and Regulation

A. Data Protection Concepts 1. Personal data 2. Sensitive personal data 3. Pseudonymous and anonymous data 4. Processing 5. Controller 6. Processor 7. Data subject B. Application of the Law 1. Establishment in the EU 2. Non-establishment in the EU C. Data Protection Principles 1. Fairness and lawfulness 2. Purpose limitation 3. Proportionality 4. Accuracy 5. Storage limitation 6. Integrity and confidentiality

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D. Legitimate Processing Criteria 1. Consent 2. Contractual necessity 3. Legal obligation, vital interests and public interest 4. Legitimate interests 5. Special categories of processing E. Information Provision Obligations 1. Transparency principle 2. Privacy notices 3. Layered notices F. Data Subjects Rights 1. Access 2. Rectification 3. Erasure and the right to be forgotten (RTFBF) 4. Restriction and objection 5. Automated decision making, including profiling 6. Data portability 7. Restrictions G. Confidentiality and Security 1. Appropriate technical and organisational measures 2. Breach notification 3. Vendor Management H. ability Requirements 1. Responsibility of controllers and processors 2. Data protection by design and by default 3. Documentation and cooperation with regulators 4. Data protection impact assessment 5. Mandatory data protection officers I. Cross-Border Data Transfers 1. Rationale for prohibition 2. Safe jurisdictions 3. Safe Harbor and Privacy Shield 4. Model contracts 5. Binding Corporate Rules (BCRs) 6. Codes of Conduct and Certifications 7. Derogations J. Supervision and Enforcement 1. Supervisory authorities and their powers 2. The European Data Protection Board 3. Role of the European Data Protection Supervisor (EDPS) K. Consequences for GDPR violations 1. Process and procedures 2. Infringements and fines 3. Data subject compensation III. Compliance with European Data Protection Law and Regulation

A. Employment Relationship 1. Legal basis for processing of employee data 2. Storage of personnel records 3. Workplace monitoring and data loss prevention 4. EU Works councils 5. Whistleblowing systems 6. ‘Bring your own device’ (BYOD) programs

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B. Surveillance Activities 1. Surveillance by public authorities 2. Interception of communications 3. Closed-circuit television (CCTV) 4. Geolocation C. Marketing Activities 1. Telemarketing 2. Direct marketing 3. Online behavioural targeting D. Internet Technology and Communications 1. Cloud computing 2. Web cookies 3. Search engine marketing (SEM) 4. Social networking services

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CIPP/E Exam Format The CIPP/E is a 2.5 hour exam comprised of 90 multiple choice items (questions). Some of the multiple choice items are associated with scenarios. There are no essay questions. Each correct answer is worth one point.

Exam Blueprint The exam blueprint indicates the minimum and maximum number of items included on the CIPP/E exam from the major areas of the body of knowledge. Questions may be asked from any of the topics listed under each area. You can use this blueprint to guide your preparation.

I.

Introduction to European Data Protection

A. Origins and Historical Context

Min

Max

4

10

1

2

1

3

2

4

40

66

3

6

2

4

3

4

Rationale for data protection, human rights laws, early laws and regulations, the need for a harmonised European approach, the Treaty of Lisbon; a modernized framework B. European Regulatory Institutions

Council of Europe, European Court of Human Rights, European Parliament, European Commission, European Council, European Court of Justice C. Legislative Framework

The Council of Europe Convention for the Protection of Individuals with Regard to the Automatic Processing of Personal Data of 1981 (the CoE Convention), the EU Data Protection Directive (95/46/EC), the EU Directive on Privacy and Electronic Communications (2000/31/EC), European data retention regimes, The General Data Protection Regulation (GDPR) and related legislation II. European Data Protection Law and Regulation A. Data Protection Concepts

Personal data, sensitive personal data, pseudonymous and anonymous data, processing, controller, processor, data subject B. Application of the Law

Establishment in the EU, non-establishment in the EU C. Data Protection Principles

Fairness and lawfulness, purpose limitation, proportionality, accuracy, storage limitation, integrity and confidentiality

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D. Legitimate Processing Criteria

Min

Max

2

4

5

8

3

5

8

12

3

5

Consent, contractual necessity, legal obligation, vital interests and public interest, legitimate interests, special categories of processing E. Information Provision Obligations

Transparency principle, privacy notices, layered notices F. Data Subject Rights

Access, rectification, erasure and the right to be forgotten, restriction and objection, automated decision making, including profiling, data portability, restrictions G. Confidentiality and Security

Appropriate technical and organisational measures, breach notification, vendor management H. ability Requirements

Responsibility of controllers and processors, data protection by design and by default, documentation and cooperation with regulators, data protection impact assessments, mandatory data protection officers I.

7 Cross-Border Data Transfers Rationale for prohibition, safe jurisdictions, Safe Harbor and Privacy Shield, model contracts, Binding Corporate Rules (BCRs), codes of conduct and certifications, derogations

11

J.

Supervision and Enforcement Supervisory authorities and their powers, the Article 29 Working Party, role of the European Data Protection Supervisor (EDPS)

2

4

2

3

K. Consequences for GDPR Violations

Process and procedures, infringement and fines, data subject compensation

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III. Compliance with European Data Protection Law and Regulation A. Data Protection Concepts

Min

Max

12

25

4

7

1

4

3

7

4

7

Legal basis for processing of employee data, storage of personnel records, workplace monitoring and data loss prevention, EU Works councils, whistleblowing systems, ‘Bring your own device’ (BYOD) programs B. Surveillance Activities

Surveillance by public authorities, interception of communications, closed-circuit television (CCTV), geolocation C. Marketing Activities

Telemarketing, direct marketing, online behavioural targeting D. Legitimate Processing Criteria

Cloud computing, web cookies, search engine marketing (SEM), social networking services

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Example Questions 1. According to the Treaty of Lisbon, the majority of EU legislation cannot be adopted without the approval of which two European Institutions? A. European Council and European Parliament. B. European Commission and European Parliament. C. European Parliament and Council of the European Union. D. European Commission and the Court of Justice of the European Union. 2. In addition to GDPR compliance, what benefit does pseudonymising data offer data controllers? A. It ensures that it is impossible to re-identify the data. B. It eliminates the responsibility to report data breaches. C. It allows for further use of the data for research purposes. D. It eliminates the need for a policy specifying subject access rights. 3. When would a data subject have the right to require the erasure of his or her data without undue delay? A. When erasure is in the public interest. B. When the controller is a public authority. C. When the processing is carried out by automated means. D. When the data is no longer necessary for its original purpose.

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General Exam Information The IAPP offers testing via computer-based delivery at test centers worldwide. There are approximately 800 Kryterion High-stakes Online Secured Testing (HOST) locations around the world where IAPP certification exams are istered. The IAPP also offers testing at our major annual conferences. Event-based testing is paper-pencil format. You can find detailed information about how to for exams, as well as exam-day instructions in the IAPP Certification Information Candidate Handbook, on our website at iapp.org/certify.

Questions? The IAPP recognizes that privacy certification is an important professional development effort requiring commitment and preparation. We thank you for choosing to pursue certification, and we welcome your questions and comments regarding our certification program. Please don’t hesitate to us at [email protected] or +1 603.427.9200.

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Example Questions: Answers 1. According to the Treaty of Lisbon, the majority of EU legislation cannot be adopted without the approval of which two European Institutions? A. European Council and European Parliament. B. European Commission and European Parliament. C. European Parliament and Council of the European Union. D. European Commission and the Court of Justice of the European Union. 2. In addition to GDPR compliance, what benefit does pseudonymising data offer data controllers? A. It ensures that it is impossible to re-identify the data. B. It eliminates the responsibility to report data breaches. C. It allows for further use of the data for research purposes. D. It eliminates the need for a policy specifying subject access rights. 3. When would a data subject have the right to require the erasure of his or her data without undue delay? A. When erasure is in the public interest. B. When the controller is a public authority. C. When the processing is carried out by automated means. D. When the data is no longer necessary for its original purpose.

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