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What is the legal status of the GDPR?
The GDPR is functional law in all member states of the EEA. Some Articles allow for member states law to provide for more specific rules. Correct. The GDPR is European law but the Regulation does not exclude Member state law that sets out the circumstances for specific processing situations. (Literature: A, Chapter 1; GDPR Recital 10)
The GDPR is a recommendation of the European Commission that EEA countries' law authorities improve their laws on the protection of personal data. Incorrect. An EU recommendation is not binding. The GDPR is a functional European law in all member states.
The GDPR sets out minimum conditions and requirements. Member states need to pass national laws to meet these minimum requirements. Incorrect. This is the description of an EU Directive.
According to the GDPR, what is the main reason to consider data protection in the initial design phase?
A company is planning to process personal dat
a. The recently appointed data protection officer (DPO) executes a data protection impact assessment (DPIA). The DPO finds that all computers have a setting causing monitors to show a screen saver after five seconds of inaction. However, the computers are not locked automatically. When employees leave their desk, they usually do not lock their computers either. What is this an example of?
Data access. Incorrect. The data have not been accessed.
Personal data breach. Incorrect. No personal data has been processed unauthorized yet, so it is not a breach.
Security incident. Incorrect. Processing has yet to begin, there is no reason to assume an incident has taken place.
Security vulnerability. Correct. Confidentiality of the data cannot be guaranteed if employees leave their workstation without locking the computer. (Literature: A, Chapter 2; GDPR Article 5(1)(f))
The word privacy is never mentioned in the General Data Protection Regulation (GDPR) text.
Despite this, what would be the best definition of the privacy according to the Regulation?
Privacy is a right that must be protected, and Data Protection are the measures that will be used to achieve this protection.
Data protection and privacy complement each other, but they are not the same.
A well-known phrase is: ''You can have security without privacy, but you cannot have privacy without security''.
Recital 4 of the GDPR says:
The processing of personal data should be designed to serve individuals. The right to protection of personal data is not absolute; it must be considered in relation to its role in society and balanced with other fundamental rights, in accordance with the principle of proportionality. This Regulation respects all fundamental rights and observes the freedom and principles recognized in the Charter, enshrined in the Treaties, namely respect for private and family life, home and communications, the protection of personal data, freedom of thought, conscience and religion, freedom of expression and information, freedom of business, the right to action and an impartial tribunal, and cultural, religious and linguistic diversity.
What is a description of data protection by design and by default?
An approach that implements data protection from the start. Correct. This is a correct description. (Literature: A, Chapter 8; GDPR Article 25(1))
An indication of timeframes if processing relates to erasure. Incorrect. This is a description of a data protection impact assessment (DPIA).
Data may only be collected for explicit and legitimate purposes. Incorrect. This is a description of measures taken to comply with the principle of purpose limitation.
Not holding more data than is strictly required for processing. Incorrect. This is a description of procedures to comply with the principle of data minimization.
