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Exam CIPP-E topic 1 question 167 discussion

Actual exam question from IAPP's CIPP-E
Question #: 167
Topic #: 1
[All CIPP-E Questions]

Bioface is a company based in the United States. It has no servers, personnel or assets in the European Union. By collecting photographs from social media and other web-based services, such as newspapers and blogs, it uses machine learning to develop a facial recognition algorithm. The algorithm identifies individuals in photographs who are not in its data set based the algorithm and its existing data. The service collects photographs of data subjects in the European Union and will identify them if presented with their photographs. Bioface offers its service to government agencies and companies in the United States and Canada, but not to those in the European Union. Bioface does not offer the service to individuals.
Why is Bioface subject to the territorial scope of the General Data Protection Regulation?

  • A. It collects data from European Union websites, which constitutes an establishment in the European Union.
  • B. It offers services in the European Union by identifying data subjects in the European Union.
  • C. It collects data from subjects and uses it for automated processing.
  • D. It monitors the behavior of data subjects in the European Union.
Show Suggested Answer Hide Answer
Suggested Answer: D 🗳️
by Claire0911 at Oct. 9, 2023, 11:24 p.m.

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Claire0911
Highly Voted 1 year, 1 month ago
The answer should be D.
upvoted 6 times
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Ssourav
Most Recent 3 months, 3 weeks ago
Selected Answer: D
D. It monitors the behavior of data subjects in the European Union. Explanation: The GDPR's territorial scope, as defined in Article 3, applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to: The offering of goods or services, irrespective of whether a payment of the data subject is required, to such data subjects in the Union, or The monitoring of their behavior as far as their behavior takes place within the Union.
upvoted 1 times
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hele_meneer
10 months, 4 weeks ago
Selected Answer: D
Bioface explicitly doesn't offer services in the EU, therefore it can't be B. Although it doesn't monitor, D is closest.
upvoted 2 times
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SecretInvasion
1 year ago
Selected Answer: D
D better answer, it can't be C as it says "Bioface offers its service to government agencies and companies in the United States and Canada, but not to those in the European Union. Bioface does not offer the service to individuals."
upvoted 2 times
...

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C (25%)
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