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

In its Article 5, which deals with the Principles relating to the processing of personal data, paragraph 1, the GDPR describes:

1. Personal data shall be:

adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed

(«data minimisation»);

Article 5 mentions all GDPR principles for processing personal data.

The data minimization principle refers to the purpose of the law that only the data that is required for processing should be collected.

This is also favorable to businesses. The less data is collected, the less likely violations are to occur and consequently the impacts also decrease.

Compulsory Corporate Rules are rules used internally by multinational companies to transfer personal data. Thus, it is possible to transfer data between them, even if the destination company is in a country that does not have an adequate level of data protection. These rules are like an internal corporate code of conduct and do not cover transfers of personal data outside the corporate group.

Do not confuse "Compulsory Corporate Rules" with "Standard Contractual Clauses". The last are clauses in contracts for international data transfer between companies (customer and supplier relationship) where the destination country does not have an adequate level of data protection, and depends on authorization from the Supervisory Authority.

Article 58 of GDPR

3. supervisory authority shall have all of the following authorisation and advisory powers:

a) to advise the controller in accordance with the prior consultation procedure referred to in Article 36.

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

7)The assessment shall contain at least:

a)a systematic description of the envisaged processing operations and the purposes of the processing, including, where applicable, the legitimate interest pursued by the controller;

b)an assessment of the necessity and proportionality of the processing operations in relation to the purposes;

c)an assessment of the risks to the rights and freedoms of data subjects referred to in paragraph 1; and

d)the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation taking into account the rights and legitimate interests of data subjects and other persons concerned.

GDPR requires that there is a contract between the processor and the controller. This contract establishes rules and responsibilities such as: the object and duration of the processing, the nature and purpose of the processing, the type of personal data and the categories of data subjects, and the obligations and rights of the controller.

Quote from Article 28:

3. Processing by a processor shall be governed by a contract or other legal act under Union or Member State law, that is binding on the processor with regard to the controller and that sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller.

An offense to privacy, as any illegal processing of personal data is considered an offense.

To advise the controller on the mitigation of privacy risks to protect the controller from liability claims for non-compliance. Incorrect. The supervisory authority has the task to monitor compliance and to advise on enhancements, but its purpose is not to protect the controller.

To fulfill the obligation in the GDPR to implement appropriate technical and organizational measures for data protection. Incorrect. The audit is not the implementation of the measures, but an assessment of the effectiveness of them.

To monitor and enforce the application of the GDPR by assessing that processing is performed in compliance with the GDPR. Correct. According to the GDPR this is an important task of a supervisory authority. (Literature: A, Chapter 7; GDPR Article 57 (1)(a))

Data access. Incorrect. The data have not been accessed.

Personal data breach. Incorrect. No personal data has been processed unauthorized yet, so it is not a breach.

Security incident. Incorrect. Processing has yet to begin, there is no reason to assume an incident has taken place.

Security vulnerability. Correct. Confidentiality of the data cannot be guaranteed if employees leave their workstation without locking the computer. (Literature: A, Chapter 2; GDPR Article 5(1)(f))

When there is a processor and an operator in EEA countries, the competent authority will be the location of the Controller, however the Supervisory authority of the Controller is considered to be a concerned Supervisory Authority (who has interests).

Therefore, the Processor Supervisory Authority evaluates and approves the rules of the contract, in accordance with Article 57 of the GDPR, and must notify the Controller Supervisory Authority.

In its Article 57, the GDPR legislates on the Responsibilities of the Supervisory Authority. In its first paragraph, items “r” and “s”:

r)Authorise contractual clauses and provisions referred to in Article 46(3);

s)Approve binding corporate rules pursuant to Article 47.