CIPP-E Exam Dumps - Certified Information Privacy Professional/Europe (CIPP/E)

Article 9 of the GDPR outlines strict conditions for processing special categories of personal data, which includes data revealing racial or ethnic origin. While options B, C, and D might seem relevant, they don't fully align with the core purpose of MagicAI's data collection.

Here's why option A is the most appropriate:

Scientific Research: MagicAI aims to improve the accuracy and fairness of its AI system by understanding how it performs across different ethnicities, nationalities, and genders. This directly ties into scientific research aimed at improving healthcare and reducing bias in medical technology.

It's important to note that even with "scientific research" as the legal basis, MagicAI must still adhere to strict safeguards, such as:

Data Minimization: Collecting only the data absolutely necessary for the research.

Purpose Limitation: Using the data solely for the defined scientific purpose.

Appropriate Security Measures: Protecting the data against unauthorized access or disclosure.

Ethical Review: Ideally, obtaining ethical approval for the research project.

References:

GDPR Article 9 - Processing of special categories of personal data

GDPR Recital 159 - Conditions for processing special categories of data for scientific research purposes

IAPP CIPP/E textbook, Chapter 2: Key Data Protection Principles (specifically, sections on special categories of data)

The right of access is one of the fundamental rights of data subjects under the GDPR. It allows data subjects to obtain from the controller confirmation as to whether or not personal data concerning them are being processed, and, where that is the case, access to the personal data and certain information about the processing. The controller must provide a copy of the personal data undergoing processing to the data subject, unless the data subject requests otherwise. The right of access is not absolute and may be subject to limitations, restrictions or exceptions, in accordance with the GDPR and the national laws of the member states.

The EDPB has issued draft guidelines on the right of access, which provide more detailed guidance on how to handle data subject access requests and what are the possible grounds for refusing to provide a copy of the personal data. According to the draft guidelines, the controller can refuse to provide a copy of the personal data in the following situations:

If the data subject access request was sent to an employee that is not involved in the processing of such requests. In this case, the controller must inform the data subject of the appropriate contact point for submitting the request and must not consider the request as received until it reaches the designated person or unit. This does not mean that the controller can ignore or delay the request, but rather that the controller must ensure that the request is forwarded to the responsible person or unit as soon as possible.

If there is such a large amount of data that the controller cannot identify the data subject of the request. In this case, the controller can ask the data subject to provide additional information to enable the identification of the data subject, such as a unique identifier, a reference number, a specific time period, a location or a context of the processing. The controller must not ask for more information than is necessary and must not use the information for any other purpose than verifying the identity of the data subject.

If the personal data was processed in the past but is no longer at the controller’s disposal at the time of the request. In this case, the controller must inform the data subject that the personal data are no longer available and explain the reasons why the personal data have been erased, anonymised, archived or otherwise disposed of. The controller must also provide the data subject with any relevant information about the retention period, the archiving policy, the anonymisation process or the disposal method of the personal data.

The controller cannot refuse to provide a copy of the personal data in the following situation:

If the controller is unable to use end-to-end encrypted emails for responding to such requests. In this case, the controller must still provide a copy of the personal data to the data subject, but must ensure that the communication is secure and that the personal data are protected from unauthorised or unlawful access, disclosure, alteration or destruction. The controller can use alternative means of communication, such as secure online platforms, password-protected files, encrypted devices or postal mail, depending on the preferences and circumstances of the data subject. The controller must also inform the data subject of the risks involved in the chosen communication method and obtain the data subject’s consent before sending the personal data.

References:

GDPR, Articles 12, 13, 14, 15, 23 and 34.

EDPB Guidelines 01/2022 on data subject rights - Right of access Version 2, pages 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16.

According to the GDPR, a data processor is any person or entity that processes personal data on behalf of a data controller1. A data controller is the one who determines the purposes and means of the processing of personal data1. A data processing agreement (DPA) is a contractual document that sets out the rights and obligations of both parties regarding data protection2. The GDPR requires that a data controller who engages a data processor must enter into a written contract or legal act along the lines set out in Article 28.3 of the GDPR3. The DPA must specify, among other things, the subject matter, duration, nature and purpose of the processing, the type of personal data and categories of data subjects, and the obligations and rights of the controller3.

In this scenario, the company is the data controller, as it determines the purposes and means of processing the personal data of its customers. The cybersecurity assessors are data processors, as they process the personal data of the customers on behalf of the company. The assessors have access to the personal data, even if it is encrypted, and they perform a specific technical service for the company. Therefore, the assessors are required to sign a DPA with the company in order to comply with the GDPR. The DPA will define the scope, nature and purpose of the processing, the security measures to be implemented, the notification procedures in case of a data breach, and the rights and obligations of both parties. References: 1: Article 4 of the GDPR2: Data Processing Agreement (Template) - GDPR.eu3: Article 28 of the GDPR.

Directive 2002/58/EC, also known as the ePrivacy Directive, regulates the use of electronic communications services within the European Union. It covers issues such as confidentiality of communications, processing of traffic and location data, spam, cookies, and security breaches. It complements and particularises Directive 95/46/EC, also known as the Data Protection Directive, which sets out the general principles for the protection of personal data in the EU. The ePrivacy Directive was amended by Directive 2009/136/EC, which introduced new provisions on consent, cookies, and breach notification. The ePrivacy Directive is currently under review and will be replaced by a new Regulation on Privacy and Electronic Communications (ePrivacy Regulation), which is still being negotiated by the EU institutions. References: Directive 2002/58/EC, Directive 2009/136/EC, [ePrivacy Regulation]