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A company wishes to use personal data of their customers. They wish to start sending all female customers a customized newsletter. What right do all data subjects have in this scenario?
The right to compensation. Incorrect. It is unlikely that all data subjects will suffer harm that must be compensated in this scenario.
The right to object to profiling. Correct. All data subjects have a right to object to the processing of personal data for direct marketing, including profiling. This is clearly profiling. (Literature: A, Chapter 4)
The right to rectification. Incorrect. It is unlikely that the company has incorrect data on all data subjects, so the right to rectification does not apply.
To comply with the General Data Protection Regulation (GDPR) it is necessary to create a procedure for reporting data breaches to the Supervisory Authority.
As the controller is a public administration agency, which option is a requirement for this procedure?
It is not necessary to inform the Supervisory Authority of any violation that occurs. But every violation must be analyzed with caution and attention. It is not necessary to notify the Supervisory Authority only if it does not present risks to the data subjects.
The DPO must always be involved to guide the best strategy and action for each violation that occurs. Article 38 legislates on the position of the data protection officer:
1. The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data.
It is clear that the DPO -- Data Protection Officer, must be involved in the entire data processing life cycle. From its collection to its exclusion.
What does the principle of 'data minimization' mean?
The General Data Protection Regulation (GDPR) allows processing of personal data only for purposes explicitly permitted by law. A tax advisor wants to file income tax returns for a neighbor.
Which of the legitimate grounds in the GDPR applies?
Which of the following types of transfers of personal data outside the European Economic Area (EEA) is allowed?
Compulsory Corporate Rules are rules used internally by multinational companies to transfer personal data. Thus, it is possible to transfer data between them, even if the destination company is in a country that does not have an adequate level of data protection. These rules are like an internal corporate code of conduct and do not cover transfers of personal data outside the corporate group.
Do not confuse 'Compulsory Corporate Rules' with 'Standard Contractual Clauses'. The last are clauses in contracts for international data transfer between companies (customer and supplier relationship) where the destination country does not have an adequate level of data protection, and depends on authorization from the Supervisory Authority.
Article 58 of GDPR
3. supervisory authority shall have all of the following authorisation and advisory powers:
a) to advise the controller in accordance with the prior consultation procedure referred to in Article 36.
