The GDPR refers to the principles of proportionality and subsidiarity. What is the meaning of subsidiarity in this context?
Personal data can only be processed in accordance with the purpose specification. Incorrect. This is one of the legal limitations.
Personal data cannot be reused without explicit and informed consent. Incorrect. This is one of the legal limitations.
Personal data may only be processed when there are no other means to achieve the purposes. Correct. This is the definition of subsidiarity. (Literature: A, Chapter 3; GDPR Article 35(7))
Personal data must be adequate, relevant and not excessive in relation to the purposes. Incorrect. This is the definition of proportionality.
A shopkeeper wants to register how many visitors enter his shop every day. A system detects the MAC- address of each visitor's smartphone. It is impossible for the shopkeeper to identify the owner of the phone from this signal, but telephone providers can link the MAC-address to the owner of the phone. According to the GDPR, is the shopkeeper allowed to use this method?
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.
What is the purpose of a data protection audit by the supervisory authority?
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))
A person buys a product at a store located in the European Economic Area (EEA). At the time of purchase, you are asked to fill out a registration form and he informs his personal email.
As is usual in many stores, in the next few days this person will start receiving several marketing emails. He considers the frequency of these emails to be very high. Demanding his rights, he asks the store to delete all his personal data.
What is the right required by the data subject?
Article 17
The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay.
A natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal dat
a. Which role in data protection is defined here?
Controller: Correct. The controller determines the purpose and means of the processing. (Literature: A, Chapter 1; GDPR Article 4(7))
Processor: Incorrect. The controller determines the purpose of the processing, the processor works on the controller's instructions.
Supervisory authority: Incorrect. The supervisory authority monitors and enforces compliance with the GDPR requirements.
Third party: Incorrect. A third party has no role in determining the purpose of the processing. Any party that determines the purpose would become a new controller.
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