CIPP-E Question #268: Real Exam Question with Answer & Explanation

Question

Options

• AThe ePrivacy Directive allows individual EU member states to engage in such data retention.
• BThe ePrivacy Directive harmonizes EU member states' rules concerning such data retention.
• CThe Data Retention Directive's annulment makes such data retention now permissible.
• DThe GDPR allows the retention of such data for the prevention, investigation, detection or

Explanation

The ePrivacy Directive is a European Union (EU) directive that aims to protect the confidentiality of electronic communications and prevent their indiscriminate interception or monitoring. It was adopted in 2002 and amended in 2009. It applies to all providers of electronic communication services, such as internet service providers, mobile network operators, and online platforms. One of the main objectives of the ePrivacy Directive is to ensure that the retention of communications traffic data for law enforcement purposes is subject to strict conditions and safeguards. Communications traffic data refers to any information relating to the transmission or routing of electronic communications, such as IP addresses, timestamps, and metadata. Such data can be used by competent national authorities for the prevention, investigation, detection or prosecution of criminal offences and safeguarding national security. However, the ePrivacy Directive does not allow individual EU member states to engage in such data retention without harmonizing their rules. Article 6(1)(b) of the directive states that "Member States shall ensure that any measures taken by them in relation to the retention of traffic data are consistent with this Directive". Therefore, each EU member state must adopt a national law that complies with the requirements and limitations set by the directive. The Data Retention Directive (DRD) was a previous EU directive that aimed to establish a common framework for the retention of communications traffic data for law enforcement purposes across all EU member states. It was adopted in 2006 and amended in 2010. However, it was annulled by the Court of Justice of the European Union (CJEU) in 2014 on procedural grounds. The CJEU found that some provisions of the DRD were inconsistent with other EU directives and principles, such as Article 8(2) of the Charter of Fundamental Rights (CFR), which protects individuals from arbitrary interference with their Exam Questions, Study Guides, Practice Tests. Lead the way to help you pass any IT Certification exams, 100% Pass Guaranteed or Full Refund. Especially Cisco, Microsoft, CompTIA, Citrix, EMC, HP, Oracle, VMware, Juniper, Check Point, LPI, Nortel, EXIN and so on. Our Slogan: First Test, First Pass. Help you to pass any IT Certification exams at the first try. You can reach us at any of the email addresses listed below. Any problems about IT certification or our products, you could rely upon us, we will give you satisfactory answers in 24 hours.

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