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

Article 28 of the GDPR in its paragraph 3 mentions:

This contract or other normative act stipulates, inter alia, that the subcontractor:

a)processes the personal data only on documented instructions from the controller, including with regard to transfers of personal data to a third country or an international organisation, unless required to do so by Union or Member State law to which the processor is subject; in such a case, the processor shall inform the controller of that legal requirement before processing, unless that law prohibits such information on important grounds of public interest;

b)ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

c)takes all measures required pursuant to Article 32;

d)respects the conditions referred to in paragraphs 2 and 4 for engaging another processor;

e)taking into account the nature of the processing, assists the controller by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the controller's obligation to respond to requests for exercising the data subject's rights laid down in Chapter III;

f)assists the controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 taking into account the nature of processing and the information available to the processor;

g)at the choice of the controller, deletes or returns all the personal data to the controller after the end of the provision of services relating to processing, and deletes existing copies unless Union or Member State law requires storage of the personal data;

h)makes available to the controller all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the controller or another auditor mandated by the controller.

It aims to manage the flow of data throughout the life cycle, from collection, processing, sharing, storage and deletion.

Having the knowledge where the data travels, who is responsible, who has access, helps and a lot to implement security measures.

In July 2016, Implementing Decision 2016/1250 came into force, which legislates that the United States must ensure an adequate level of protection for personal data transferred from the Union to United States organizations under the EU-US Privacy Protection Shield (Privacy Shield).

This is because the United States does not have a single law on the protection of personal data, since because of its internal policy, each state can create its own laws. Privacy Shield aims to standardize this, so that companies in the European Union and the United States can offer their services.

Article 1 of the Implementing Decision 2016/1250:

1.For the purposes of Article 25(2) of Directive 95/46 / EC, the United States ensures an adequate level of protection for personal data transferred from the Union to organisations in the United States under the

EU-U.S. Privacy Shield.

2.The EU-U.S. Privacy Shield is constituted by the Principles issued by the U.S. Department of Commerce on 7 July 2016 as set out in Annex II and the official representations and commitments contained in the documents listed in Annexes I, III to VI.

3.For the purpose of paragraph 1, personal data are transferred under the EU-U.S. Privacy Shield where they are transferred from the Union to organisations in the United States that are included in the ‘Privacy Shield List’, maintained and made publicly available by the U.S. Department of Commerce, in accordance with Sections I and III of the Principles set out in Annex II.

Section: (none)

Explanation

The controller must ask the supervisory authority for permission to outsource the processing of the data. Incorrect. The controller does not have to ask the supervisory authority for permission for each instance of outsourcing.

The controller must ask the supervisory authority if the agreed written contract is compliant with the regulations. Incorrect. The supervisory authority is not a legal counsel and will not check contracts for compliance.

The controller and processor must draft and sign a written contract guaranteeing the confidentiality of the data. Correct. There must be a written contract guaranteeing the confidentiality of the data, listing the purposes and means of processing as defined by the controller and specifying that processor will only process on instruction of the controller. Both parties must sign this contract. (Literature: A, Chapter 8; GDPR Article 28 (3))

The processor must show the controller that all demands agreed in the service level agreement (SLA) are met. Incorrect. An SLA is not enough as it will focus on operations, not necessarily on purposes.

To ensure that the user’s personal data are stored securely on the server. Incorrect. Cookies are not used to store data on the server.

To personalize the user’s experience of the website during the next visit. Correct. This is the main purpose of a persistent cookie. (Literature: A, Chapter 8)

To record every keystroke made by a computer user to find out passwords. Incorrect. Cookies are not malicious by nature, but the mechanism can be exploited maliciously.

To save the pages a user has bookmarked in the user’s browser history. Incorrect. The bookmarks and browser history are saved, but not in a cookie.

Article 9 of the GDPR legislation on “Treatment of special categories of personal data”.

Also called sensitive data.

In its first paragraph it quotes:

“Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.”

Whereas Recital 170 mentions: “Since the objective of this Regulation, namely to ensure an equivalent level of protection of natural persons and the free flow of personal data throughout the Union, cannot be sufficiently

achieved by the Member States and can rather, by reason of the scale or effects of the action, be better

achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective”.

Subsidiarity is a principle that says that personal data can only be processed if there are no other means to achieve the objective. Therefore, the less personal data used, the less the chances of violating privacy.

Note that in the quotation in Recital 170 above, the principle of proportionality was highlighted in bold. Equally important to subsidiarity. Proportionality says that personal data must be collected according to the purpose of processing, that is proportional, and data that will not be used for the purpose should not be collected.

These two principles Subsidiarity and Proportionality are constantly charged in the EXIN exam.