Pass the Exin Privacy & Data Protection PDPF Questions and answers with ExamsMirror

Yes, because the shopkeeper cannot identify the owner of the telephone. Incorrect. The issue is not whether the shopkeeper can identify the visitor, but that it is technically possible to do so.

Yes, because the visitor has automatically consented by connecting to the Wi-Fi. Incorrect. Consent must be an active, informed and free act of agreement to the processing. To see a MAC-address, the visitor does not need to be logged onto the Wi-Fi.

No, because the telephones MAC-address must be regarded as personal data. Correct. The phone’s signal is a unique code that can be linked to the owner of the phone. The data must be regarded as personal data, because it is technically possible to identify the visitor. (Literature: A, Chapter 3; GDPR Article 26 and 30)

No, because the telephone providers are the owners of the MAC-addresses. Incorrect. The shopkeeper is not allowed to keep the data or process it because it must be regarded as personal data. The telephone provider is not the owner of the MAC-address, nor is the telephone provider protected by the GDPR.

GDPR does not apply to the use of personal data for domestic purposes, however in this example the controller is the Social Network, as it performs the processing of the photos. Therefore, the owner has the right to delete this photo.

For domestic purposes, data collection is not intended for professional or commercial purposes. Examples are the get-togethers of friends and family where we can collect names, phone numbers, e-mails to facilitate the organization, as well as taking pictures to record the moment. Now if you have a blog where you can record several moments with your friends and you monetize it in some way – watch out! – you are under the scope of GDPR.

Whereas Recital 18: “This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity. Personal or household activities could include correspondence and the holding of addresses, or social networking and online activity undertaken within the context of such activities. However, this Regulation applies to controllers or processors which provide the means for processing personal data for such personal or household activities.”

An approach that implements data protection from the start. Correct. This is a correct description. (Literature: A, Chapter 8; GDPR Article 25(1))

An indication of timeframes if processing relates to erasure. Incorrect. This is a description of a data protection impact assessment (DPIA).

Data may only be collected for explicit and legitimate purposes. Incorrect. This is a description of measures taken to comply with the principle of purpose limitation.

Not holding more data than is strictly required for processing. Incorrect. This is a description of procedures to comply with the principle of data minimization.

Whenever a new technology is applied, a DPIA must be performed. In addition, a DPIA must be performed before starting the processing of personal data. This is important to check for risks to data subjects since data collection.

In its Article 35 the GDPR legislates on the Impact assessment on data protection.

1. Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.

The hospital in A can send the data directly to hospital B, as requested by the patient. Correct. The right to portability allows this. (Literature: A, Chapter 3)

The hospital in A can send the file to hospital B, before the patient has requested it. Incorrect. The hospital in B can only acquire the file from A with consent or if it is in the vital interest of the data subject and consent cannot be obtained.

The hospital in A can send the medical file to the data subject, but not to another hospital. Incorrect. The data subject can ask for the data to be sent directly.

The hospital in A cannot send the file, because there is no legitimate ground for processing. Incorrect. A request, which implies consent, of the data subject is a sufficient legitimate ground.

This is a question that has the most doubts: “Who needs to adapt?". For example: 1 - If you have a company in Brazil and sell products or services and process personal data from residents in the EU, in this case your company must conform to the GDPR. 2- If you have a company located in the EU and handle personal data.

Transcribing here part of Article 3 of the GDPR:

1.This Regulation applies to the processing of personal data carried out in the context of the activities of an establishment of a controller or a subcontractor located in the territory of the Union, regardless of whether the processing takes place inside or outside the Union.

2.This Regulation applies to the processing of personal data of holders residing in the territory of the Union, carried out by a controller or processor not established in the Union, when the processing activities are related to:

a)The provision of goods or services to such data subjects in the Union, regardless of the requirement for data subjects to make a payment;

b)Control of their behavior, provided that such behavior takes place in the Union.

Section: (none)

Explanation

Article 33 which deals with “Notification of a personal data breach to the supervisory authority” in its paragraph 1 legislates:

1. In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent in accordance with Article 55, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within 72 hours, it shall be accompanied by reasons for the delay.

In its first paragraph of Article 4, the GDPR defines:

‘personal data’ means any information relating to an identified or identifiable natural person…