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Exam CIPP-E topic 1 question 26 discussion

Actual exam question from IAPP's CIPP-E
Question #: 26
Topic #: 1
[All CIPP-E Questions]

SCENARIO -
Louis, a long-time customer of Bedrock Insurance, was involved in a minor car accident a few months ago. Although no one was hurt, Louis has been plagued by texts and calls from a company called Accidentable offering to help him recover compensation for personal injury. Louis has heard about insurance companies selling customers’ data to third parties, and he’s convinced that Accidentable must have gotten his information from Bedrock Insurance.
Louis has also been receiving an increased amount of marketing information from Bedrock, trying to sell him their full range of their insurance policies.
Perturbed by this, Louis has started looking at price comparison sites on the internet and has been shocked to find that other insurers offer much cheaper rates than Bedrock, even though he has been a loyal customer for many years. When his Bedrock policy comes up for renewal, he decides to switch to Zantrum Insurance.
In order to activate his new insurance policy, Louis needs to supply Zantrum with information about his No Claims bonus, his vehicle and his driving history. After researching his rights under the GDPR, he writes to ask Bedrock to transfer his information directly to Zantrum. He also takes this opportunity to ask Bedrock to stop using his personal data for marketing purposes.
Bedrock supplies Louis with a PDF and XML (Extensible Markup Language) versions of his No Claims Certificate, but tells Louis it cannot transfer his data directly to Zantrum as this is not technically feasible. Bedrock also explains that Louis’s contract included a provision whereby Louis agreed that his data could be used for marketing purposes; according to Bedrock, it is too late for Louis to change his mind about this. It angers Louis when he recalls the wording of the contract, which was filled with legal jargon and very confusing.
In the meantime, Louis is still receiving unwanted calls from Accidentable Insurance. He writes to Accidentable to ask for the name of the organization that supplied his details to them. He warns Accidentable that he plans to complain to the data protection authority, because he thinks their company has been using his data unlawfully. His letter states that he does not want his data being used by them in any way.
Accidentable’s response letter confirms Louis’s suspicions. Accidentable is Bedrock Insurance’s wholly owned subsidiary, and they received information about Louis’s accident from Bedrock shortly after Louis submitted his accident claim. Accidentable assures Louis that there has been no breach of the GDPR, as Louis’s contract included, a provision in which he agreed to share his information with Bedrock’s affiliates for business purposes.
Louis is disgusted by the way in which he has been treated by Bedrock, and writes to them insisting that all his information be erased from their computer system.
Which statement accurately summarizes Bedrock’s obligation in regard to Louis’s data portability request?

  • A. Bedrock does not have a duty to transfer Louis’s data to Zantrum if doing so is legitimately not technically feasible.
  • B. Bedrock does not have to transfer Louis’s data to Zantrum because the right to data portability does not apply where personal data are processed in order to carry out tasks in the public interest.
  • C. Bedrock has failed to comply with the duty to transfer Louis’s data to Zantrum because the duty applies wherever personal data are processed by automated means and necessary for the performance of a contract with the customer.
  • D. Bedrock has failed to comply with the duty to transfer Louis’s data to Zantrum because it has an obligation to develop commonly used, machine-readable and interoperable formats so that all customer data can be ported to other insurers on request.
Show Suggested Answer Hide Answer
Suggested Answer: A 🗳️

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semilias
Highly Voted 1 year, 11 months ago
should this not be answer A. as article 20.2 states: In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. the provide it machine readable format, only say its not technical possible to transfer directly
upvoted 9 times
loejee
1 year, 1 month ago
would agree based on this article, it seems answer A is correct
upvoted 2 times
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Ftgh
Highly Voted 1 year, 5 months ago
Selected Answer: A
Answer should be A
upvoted 6 times
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Ssourav
Most Recent 4 months, 1 week ago
Selected Answer: A
A. Bedrock does not have a duty to transfer Louis’s data to Zantrum if doing so is legitimately not technically feasible. Under the GDPR, the right to data portability allows individuals to obtain and reuse their personal data across different services. However, if it is not technically feasible to transfer the data directly between controllers, the organization can provide the data in a commonly used, machine-readable format (such as PDF and XML in this case). The obligation to transfer data directly only applies if it is technically feasible to do so. Article 20(1) grants the data subject the right to receive their personal data in a structured, commonly used, and machine-readable format, and to transmit those data to another controller without hindrance. Article 20(2) states that the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible.
upvoted 1 times
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aliblabla
7 months, 4 weeks ago
D is the right answer: ''Technically not feasable'' should not become a standard escape for companies to avoid the right to data portability and can only be a (rare) exception.
upvoted 1 times
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tubcippe
1 year ago
D should be the answer
upvoted 1 times
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