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What are Information Society Services'? Select the INCORRECT answer
Information society services (ISS) are defined in Article 4(25) of the UK GDPR as ''any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services''. This means that ISS are online services that are paid for, either by the user or by another source of income, such as advertising or sponsorship, and that are provided without the parties being physically present, using electronic equipment for the transmission and reception of data, and upon the request of the user. Examples of ISS include apps, programs, websites, search engines, social media platforms, online marketplaces, content streaming services, online games, and any other online services that offer goods or services to users over the internet. Therefore, options A, B and C are correct examples of ISS, as they meet the criteria of the definition. However, option D is not a correct example of ISS, as it does not involve any remuneration for the service provider. Information services provided by non-profit or government organisations with no remuneration are not considered ISS under the UK GDPR, unless they compete with other ISS on the market.Reference:
Services covered by this code5
You are a consulting Data Protection Officer (DPO) for a holiday resort You have been asked to conduct a Data Protection Impact Assessment (DPIA) for them in advance of adopting a new HR management database.
While working through the DPIA, which of the following is NOT a requirement?
a description of the processing, including its purposes and legal basis;
an assessment of the necessity and proportionality of the processing in relation to its purposes;
an assessment of the risks to the rights and freedoms of individuals; and
the measures envisaged to address the risks and demonstrate compliance with the UK GDPR.
Article 13 and 14 of the UK GDPR2
When does a personal data breach need to be reported to a supervisory authority?
Article 33 of the UK GDPR requires controllers to notify the supervisory authority of a personal data breach without undue delay and, where feasible, not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. This means that not all personal data breaches need to be reported to the supervisory authority, only those that pose a risk to individuals. The risk should be assessed in terms of the potential negative consequences for individuals, such as discrimination, identity theft, fraud, financial loss, damage to reputation, loss of confidentiality, or any other significant economic or social disadvantage. The UK GDPR also requires controllers to communicate the personal data breach to the affected data subjects without undue delay, where the breach is likely to result in a high risk to their rights and freedoms. The other options are incorrect because:
The UK GDPR does not require all personal data breaches to be reported to the supervisory authority, only those that pose a risk to individuals. However, controllers must document all personal data breaches, regardless of whether they are reported or not, as part of their accountability obligations.
The UK GDPR does not make a distinction between personal data and special category data when it comes to reporting personal data breaches. Special category data is a type of personal data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health, sex life or sexual orientation, or biometric or genetic data for the purpose of uniquely identifying a natural person. The processing of special category data is subject to stricter conditions and safeguards under the UK GDPR, but the reporting of personal data breaches involving such data is subject to the same criteria as any other personal data breach, namely the risk to individuals.
The UK GDPR does not provide an exemption from reporting personal data breaches based on the controller's right of freedom of expression. The right of freedom of expression is a fundamental right that is recognised and protected by the UK GDPR, but it is not an absolute right that overrides the rights and freedoms of data subjects. The UK GDPR allows Member States to provide for exemptions or derogations from certain provisions of the UK GDPR for the processing of personal data carried out for journalistic purposes or the purpose of academic, artistic or literary expression, where such exemptions or derogations are necessary to reconcile the right to the protection of personal data with the right to freedom of expression and information. However, these exemptions or derogations do not apply to the obligation to report personal data breaches to the supervisory authority, unless the Member State law specifies otherwise.Reference:
UK GDPR, Article 34
UK GDPR, Article 9
UK GDPR, Article 85
Two businesses decide to work together to sell their products by mail order Orders are made via a single online website and they each use their existing employees to administer and update each other's orders on a single order system regardless of product.
Which of the below is CORRECT of the roles of the two businesses in relation to the single order system'?
The two businesses are both joint controllers of the information contained in the single order system, because they jointly determine the purposes and means of the processing. They have a shared purpose of selling their products by mail order and they agree on the means of processing by using a single online website and a single order system. Their decisions complement each other and are necessary for the processing to take place. The processing by each party is inseparable and inextricably linked. Therefore, they meet the criteria for joint controllership under the GDPR.Reference:
Guidelines 07/2020 on the concepts of controller and processor in the GDPR2, pp. 16-24
When were data protection rights first introduced into UK law'?
Data protection rights were first introduced into UK law by the Data Protection Act 1984, which was enacted to implement the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 1981. The Data Protection Act 1984 established a set of principles for the processing of personal data by data users, such as obtaining consent, ensuring accuracy, and limiting retention. It also created a system of registration for data users and a Data Protection Registrar (later renamed as the Information Commissioner) to oversee and enforce the law. The Data Protection Act 1984 was replaced by the Data Protection Act 1998, which transposed the EU Data Protection Directive 1995 into UK law and extended the scope of data protection to cover manual as well as automated processing of personal data. The Data Protection Act 1998 was further amended by the Data Protection Act 2018, which incorporated the EU General Data Protection Regulation (GDPR) and the Law Enforcement Directive into UK law and made provisions for specific processing situations, such as national security, immigration, and journalism.Reference:
Council of Europe Convention 1085
