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What is the main use of a persistent cookie?
To ensure that the user's personal data are stored securely on the server. Incorrect. Cookies are not used to store data on the server.
To personalize the user's experience of the website during the next visit. Correct. This is the main purpose of a persistent cookie. (Literature: A, Chapter 8)
To record every keystroke made by a computer user to find out passwords. Incorrect. Cookies are not malicious by nature, but the mechanism can be exploited maliciously.
To save the pages a user has bookmarked in the user's browser history. Incorrect. The bookmarks and browser history are saved, but not in a cookie.
While performing a backup, a data server disk crashed. Both the data and the backup are lost. The disk contained personal data, but no special category personal dat
a. The processor states that this is a personal data breach. Is the statement of the processor true?
Yes, because the personal data on the disk were unlawfully processed. Correct. Personal data irretrievably lost is regarded as 'a breach of security leading to unlawful destruction of personal data, which also makes it a personal data breach. (Literature: A, Chapter 5; GDPR Article 4(12))
Yes, because there were no special category personal data stored on the disk. Incorrect. Accidental loss of data is a security incident (data is no longer available). According to the GDPR it is also unlawful processing of personal data, hence a personal data breach. Data do not have to belong to the category of special
personal data to fall under the category personal data breach.
No, because no personal data on the disk were processed, only destroyed. Incorrect. A technical malfunction causing data to be no longer available is a security incident. The GDPR sees accidental loss of personal data as unlawful processing (not on instruction of the controller or processor) hence as a personal data breach.
No, because this is only a security incident and not a data breach. Incorrect. Personal data that are irretrievably lost, is regarded as unauthorized processing by the GDPR, hence a personal data breach. The fact that data was accidentally destroyed also makes the event a security incident.
A controller wants to outsource processing of personal data to a processor. What must be done before outsourcing?
The controller must ask the supervisory authority for permission to outsource the processing of the data. Incorrect. The controller does not have to ask the supervisory authority for permission for each instance of outsourcing.
The controller must ask the supervisory authority if the agreed written contract is compliant with the regulations. Incorrect. The supervisory authority is not a legal counsel and will not check contracts for compliance.
The controller and processor must draft and sign a written contract guaranteeing the confidentiality of the data. Correct. There must be a written contract guaranteeing the confidentiality of the data, listing the purposes and means of processing as defined by the controller and specifying that processor will only process on instruction of the controller. Both parties must sign this contract. (Literature: A, Chapter 8; GDPR Article 28 (3))
The processor must show the controller that all demands agreed in the service level agreement (SLA) are met. Incorrect. An SLA is not enough as it will focus on operations, not necessarily on purposes.
Which EU legislation allows data to be transferred between the European Economic Area (EEA) and the United States (USA)?
In July 2016, Implementing Decision 2016/1250 came into force, which legislates that the United States must ensure an adequate level of protection for personal data transferred from the Union to United States organizations under the EU-US Privacy Protection Shield (Privacy Shield).
This is because the United States does not have a single law on the protection of personal data, since because of its internal policy, each state can create its own laws. Privacy Shield aims to standardize this, so that companies in the European Union and the United States can offer their services.
Article 1 of the Implementing Decision 2016/1250:
1. For the purposes of Article 25(2) of Directive 95/46 / EC, the United States ensures an adequate level of protection for personal data transferred from the Union to organisations in the United States under the
EU-U.S. Privacy Shield.
2. The EU-U.S. Privacy Shield is constituted by the Principles issued by the U.S. Department of Commerce on 7 July 2016 as set out in Annex II and the official representations and commitments contained in the documents listed in Annexes I, III to VI.
3. For the purpose of paragraph 1, personal data are transferred under the EU-U.S. Privacy Shield where they are transferred from the Union to organisations in the United States that are included in the 'Privacy Shield List', maintained and made publicly available by the U.S. Department of Commerce, in accordance with Sections I and III of the Principles set out in Annex II.
What is called the adequacy decision that allows data transfer between the United States and the European Economic Area (EEA)?
This is likely to be charged on the exam. Memorize this name: ''Privacy Shield''
In July 2016, Implementing Decision 2016/1250 came into force, which legislates that the United States must ensure an adequate level of protection for personal data transferred from the Union to United States organizations under the EU-US Privacy Protection Shield (Privacy Shield).
This is because the United States does not have a single law on the protection of personal data, because of its internal policy, each state can create its own laws. Privacy Shield aims to standardize this, so that companies in the European Union and the United States can offer their services.
Article 1 of the Implementing Decision 2016/1250:
1. For the purposes of Article 25(2) of Directive 95/46 / EC, the United States ensures an adequate level of protection for personal data transferred from the Union to organisations in the United States under the EU-U.S. Privacy Shield.
2. The EU-U.S. Privacy Shield is constituted by the Principles issued by the U.S. Department of Commerce on 7 July 2016 as set out in Annex II and the official representations and commitments contained in the documents listed in Annexes I, III to VII.
3. For the purpose of paragraph 1, personal data are transferred under the EU-U.S. Privacy Shield where they are transferred from the Union to organisations in the United States that are included in the 'Privacy Shield List', maintained and made publicly available by the U.S. Department of Commerce, in accordance with Sections I and III of the Principles set out in Annex II.
