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QUESTION NO: 1
Which option below defines correctly data protection by design (from conception)?
A. It's a concept that demonstrates the need to protect data since the beginning.
B. It's a methodology about how the data should be collected
C. Only data that is required for processing should be processed
D. It's a methodology of data protection according to its form
Answer: A
Explanation:
When we are talking about protection by design, we are considering a data protection throughout the data lifecycle, from the collection, processing, sharing, storage and deletion.
When we focus on protecting the data on all the phases risk of not fulfilling any legal obligations decreases significantly.
QUESTION NO: 2
Which of these should appear in a Data Protection Impact Assessment (DPIA) according to the General Data Protection Regulation (GDPR)?
A. An assessment of the need and proportionality of treatment operations in relation to the objectives.
B. A survey of other laws that must be taken into account in addition to the GDPR.
C. An inventory and the flow of personal data within the organization.
D. Data Protection Officer (DPO) contact and responsibilities.
Answer: A
Explanation:
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.
QUESTION NO: 3
GDPR quotes in one of its principles that personal data should be adequate, relevant and limited to what is necessary in relation to its purpose. What principle is this?
A. lawfulness, loyalty and transparency
B. purpose limitation
C. data minimization
D. integrity and confidentiality
Answer: C
Explanation:
In its Article 5, which deals with the Principles concerning 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»); In the Article 5 all the principles of GDPR for processing personal data are quoted.
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.
Reference:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016R0679
QUESTION NO: 4
A personal data breach has occurred, and the controller is writing a draft notification for the supervisory authority. The following information is already in the notification:
- The nature of the personal data breach and its possible consequences.
- Information regarding the parties that can provide additional information about the data breach.
What other information must the controller provide?
A. Name and contact details of the data subjects whose data may have been breached
B. The information needed to access the personal data that have been breached.
C. Suggested measures to mitigate the adverse consequences of the data breach.
D. Information of local and national authorities that were informed about the data breach.
Answer: C
Explanation:
Information of local and national authorities that were informed about the data breach.
Incorrect. The supervisory authority must be made aware of reports to supervisory authorities in other EEA countries. Reports to local authorities, for instance the police, do not need to be reported.
Name and contact details of the data subjects whose data may have been breached.
Incorrect. The supervisory authority requires an estimate of the number of data subjects involved, not their personal data.
Suggested measures to mitigate the adverse consequences of the data breach. Correct. The controller should add suggested measures to mitigate the adverse consequences of the data breach. (Literature: A, Chapter 7; GDPR Article 33(q)) The information needed to access the personal data that have been breached. Incorrect. The supervisory authority needs to know the type of personal data involved, but does not need access to the data themselves.
QUESTION NO: 5
Which condition below allows personal data to be processed legally?
A. There must be a legitimate basis for data processing.
B. Holders' rights must be protected by a privacy policy.
C. A Data Privacy Impact Assessment (DPIA) should be performed prior to data collection.
D. Data processing must be previously authorized by the Supervisory Authority.
Answer: A
Explanation:
Article 6 legislates on the lawfulness of treatment and in it cites the 6 legal bases provided:
1 - the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
2- processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering a contract
3 - processing is necessary for compliance with a legal obligation to which the controller is subject;
4- processing is necessary in order to protect the vital interests of the data subject or of another natural person;
5 - processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
6 - processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which requires protection of personal data, in particular where the data subject is a child.
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Updated: May 27, 2022