PDPF Privacy and Data Protection Foundation Questions and Answers

Yes, because the shopkeeper cannot identify the owner of the telephone. Incorrect. The issue is not whether the shopkeeper can identify the visitor, but that it is technically possible to do so.

Yes, because the visitor has automatically consented by connecting to the Wi-Fi. Incorrect. Consent must be an active, informed and free act of agreement to the processing. To see a MAC-address, the visitor does not need to be logged onto the Wi-Fi.

No, because the telephones MAC-address must be regarded as personal data. Correct. The phone’s signal is a unique code that can be linked to the owner of the phone. The data must be regarded as personal data, because it is technically possible to identify the visitor. (Literature: A, Chapter 3; GDPR Article 26 and 30)

No, because the telephone providers are the owners of the MAC-addresses. Incorrect. The shopkeeper is not allowed to keep the data or process it because it must be regarded as personal data. The telephone provider is not the owner of the MAC-address, nor is the telephone provider protected by the GDPR.

It aims to manage the flow of data throughout the life cycle, from collection, processing, sharing, storage and deletion.

Having the knowledge where the data travels, who is responsible, who has access, helps and a lot to implement security measures.

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.

It is necessary to check the extent of this personal data breach, what data has been accessed and what is the risk to his or her. Depending on this extension, in addition to notifying the supervisory authority, it will also be mandatory to notify the owners of the breached data.

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.

The principle of limitation of purposes says that personal data must be collected for specific, explicit and legitimate purposes and cannot be further processed in a way incompatible with those purposes.

When the data is sold to another company, we can conclude that it was acquired by a controller for a specific purpose and that it subsequently sold it without the owner’s knowledge and consent.

The organization minimizes the risk of costly adjustments in processes or the redesign of systems in a later stage. Incorrect. This aspect may strengthen the confidence of management, but not of customers or citizens.

The organization prevents non-compliance with the GDPR and minimizes the risk of fines. Incorrect. Preventing fines may strengthen the confidence of management, but not of customers or citizens.

The organization proves that it takes privacy seriously and aims for compliance with the GDPR. Correct. Doing a DPIA shows customers or citizens that the company is serious about data protection. (Literature: A, Chapter 8)

It is the duty of the processor to guarantee security in the treatment of the data entrusted to it by the controller.

It is up to a supervisory authority to inspect and take measures to compel companies to conform to the GDPR.

According to paragraph 1 of Article 51.

1. Each Member State shall provide for one or more independent public authorities to be responsible for monitoring the application of this Regulation, in order to protect the fundamental rights and freedoms of natural persons in relation to processing and to facilitate the free flow of personal data within the Union (‘supervisory authority’).

Chapter VI of the GDPR talks about laws on independent supervisory authorities.

Article 4 dealing with the GDPR Definitions says in its paragraph 8:

‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Whenever a new technology is applied, a DPIA must be performed. In addition, a DPIA must be performed before starting the processing of personal data. This is important to check for risks to data subjects since data collection.

In its Article 35 the GDPR legislates on the Impact assessment on data protection.

1. Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.