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| Section | Objectives |
|---|---|
| EU Data Protection Foundations | - History and development of EU privacy law - Core principles of GDPR
|
| Individual Rights and Compliance | - Data breach notification requirements - Data subject rights
|
| Data Protection Governance | - Accountability and compliance measures - Roles and responsibilities
|
| Regulatory Framework | - General Data Protection Regulation (GDPR)
|
| International Data Transfers and Enforcement | - Supervisory authorities and enforcement actions - Cross-border data transfer mechanisms
|
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NEW QUESTION # 236
After leaving the EU under the terms of Brexit, the United Kingdom will seek an adequacy determination.
What is the reason for this?
Answer: B
Explanation:
The GDPR applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not. The GDPR also applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to such data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU1. Therefore, after leaving the EU under the terms of Brexit, the UK became a third country for the purposes of the GDPR, meaning that personal data transfers from the EU to the UK are subject to the rules on international data transfers under Chapter V of the GDPR2. In order to ensure the continuity and stability of data flows between the EU and the UK, the UK sought an adequacy decisionfrom the European Commission, which is a formal recognition that a third country provides an equivalent level of data protection to that of the EU3. On 28 June 2021, the European Commission adopted two adequacy decisions in respect of the UK: one for transfers under the GDPR and the other for transfers under the Law Enforcement Directive (LED)4. These decisions allow personal data to flow freely from the EU to the UK without any further safeguard being necessary, and are expected to last until 27 June 2025, unless they are amended, suspended or repealed earlier5. References:
* GDPR, Article 3
* GDPR, Chapter V
* Data protection adequacy for non-EU countries, section "Adequacy decisions"
* UK government welcomes the European Commission's draft data adequacy decisions
* Adequacy, section "What does the EU GDPR adequacy decision say?"
Reference: https://www.euractiv.com/section/digital/news/commission-must-refuse-uk-data-adequacy-rights- group-says/
NEW QUESTION # 237
SCENARIO
Please use the following to answer the next question:
Javier is a member of the fitness club EVERFIT. This company has branches in many EU member states, but for the purposes of the GDPR maintains its primary establishment in France. Javier lives in Newry, Northern Ireland (part of the U.K.), and commutes across the border to work in Dundalk, Ireland. Two years ago while on a business trip, Javier was photographed while working out at a branch of EVERFIT in Frankfurt, Germany. At the time, Javier gave his consent to being included in the photograph, since he was told that it would be used for promotional purposes only. Since then, the photograph has been used in the club's U.K. brochures, and it features in the landing page of its U.K. website. However, the fitness club has recently fallen into disrepute due to widespread mistreatment of members at various branches of the club in several EU member states. As a result, Javier no longer feels comfortable with his photograph being publicly associated with the fitness club.
After numerous failed attempts to book an appointment with the manager of the local branch to discuss this matter, Javier sends a letter to EVETFIT requesting that his image be removed from the website and all promotional materials. Months pass and Javier, having received no acknowledgment of his request, becomes very anxious about this matter. After repeatedly failing to contact EVETFIT through alternate channels, he decides to take action against the company.
Javier contacts the U.K. Information Commissioner's Office ('ICO' - the U.K.'s supervisory authority) to lodge a complaint about this matter. The ICO, pursuant to Article 56 (3) of the GDPR, informs the CNIL (i.e. the supervisory authority of EVERFIT's main establishment) about this matter. Despite the fact that EVERFIT has an establishment in the U.K., the CNIL decides to handle the case in accordance with Article 60 of the GDPR. The CNIL liaises with the ICO, as relevant under the cooperation procedure. In light of issues amongst the supervisory authorities to reach a decision, the European Data Protection Board becomes involved and, pursuant to the consistency mechanism, issues a binding decision.
Additionally, Javier sues EVERFIT for the damages caused as a result of its failure to honor his request to have his photograph removed from the brochure and website.
Assuming that multiple EVETFIT branches across several EU countries are acting as separate data controllers, and that each of those branches were responsible for mishandling Javier's request, how may Javier proceed in order to seek compensation?
Answer: B
NEW QUESTION # 238
Which marketing-related activity is least likely to be covered by the provisions of Privacy and Electronic Communications Regulations (Directive 2002/58/EC)?
Answer: A
Explanation:
The Privacy and Electronic Communications Regulations (PECR) are derived from the e-privacy Directive
2002/58/EC, which aims to protect the privacy and confidentiality of users of electronic communications services. The PECR cover various aspects of electronic marketing, such as the use of cookies, unsolicited communications, and traffic and location data. According to the PECR, the following marketing-related activities require the consent of the user or subscriber, unless certain exemptions apply:
* The use of cookies or similar technologies to store or access information on the user's device (Regulation 6).
* The sending of electronic mail for direct marketing purposes to individual subscribers who have not given their prior consent (Regulation 22).
* The making of unsolicited calls for direct marketing purposes to individual subscribers who have registered their number with the Telephone Preference Service or who have objected to such calls from a specific caller (Regulation 21).
* The sending of unsolicited communications for direct marketing purposes by means of electronic mail, fax, or automated calling systems to corporate subscribers, unless they have indicated that they do not wish to receive such communications (Regulation 23).
Therefore, among the four options, the one that is least likely to be covered by the provisions of the PECR is the advertisements passively displayed on a website, as they do not involve the use of cookies, the sending of unsolicited communications, or the processing of traffic or location data. However, such advertisements may still be subject to other data protection laws, such as the GDPR, if they involve the processing of personal data of the users.
References:
* PECR
* e-privacy Directive
* ICO guide to PECR
NEW QUESTION # 239
Under which of the following conditions does the General Data Protection Regulation NOT apply to the processing of personal data?
Answer: D
Explanation:
The GDPR applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system1. However, the GDPR does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity2. This means that individuals can process personal data without being subject to the GDPR, as long as the processing is not related to a professional or commercial activity. For example, the GDPR does not apply to an individual who keeps a personal address book or who posts photos of their family and friends on a social media platform, as long as the platform is not used for business purposes3. Reference: 1: Article 2(1) of the GDPR 2: Article 2(2) of the GDPR 3: Recital 18 of the GDPR
NEW QUESTION # 240
Under the GDPR, who would be LEAST likely to be allowed to engage in the collection, use, and disclosure of a data subject's sensitive medical information without the data subject's knowledge or consent?
Answer: A
NEW QUESTION # 241
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