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IAPP CIPP-E Exam - Topic 5 Question 39 Discussion

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.

IAPP CIPP-E Exam - Topic 5 Question 39 Discussion

Actual exam question for IAPP's CIPP-E exam
Question #: 39
Topic #: 5
[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 dat

a. 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?

Show Suggested Answer Hide Answer
Suggested Answer: A

Contribute your Thoughts:

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Stephane
11 months ago
Totally agree with B, they’re still processing EU data!
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Shenika
11 months ago
Wait, how can they be regulated if they have no presence in the EU?
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Ula
11 months ago
Definitely A! Just scraping data makes them subject to EU laws.
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Cathrine
11 months ago
I think it's B, they identify EU data subjects directly.
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Lizbeth
11 months ago
Bioface collects data from EU websites, so it falls under GDPR.
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Avery
11 months ago
I practiced a similar question where the focus was on data collection from EU citizens. It seems like option A could be relevant too.
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Kattie
11 months ago
I’m not entirely sure, but I think option B makes sense since they identify individuals in the EU, right?
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Brandon
11 months ago
I remember discussing how the GDPR applies to companies outside the EU if they process data of EU citizens.
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Luisa
12 months ago
I’m a bit lost on this one. Does collecting data from EU websites really mean they have to comply with GDPR?
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Ludivina
12 months ago
I'm a bit confused on this one. Is it creating a new interaction, incident, or case? The options seem a bit similar. I'll have to re-read the question carefully and think it through step-by-step.
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Elli
12 months ago
I'm not sure about this one. I'll have to review the concepts around VPLS and IES to figure out the right approach.
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