PDPF Exam Dumps - Privacy and Data Protection Foundation

When we have a Regulation, such as the GDPR, all EU member states are obliged to follow it and have a fixed date for entry into force. The regulation is a law and Member States cannot create laws that oppose it. Unlike the Directives that set objectives to be achieved, however, each Member State is free to decide how to apply them in its country.

Important

Prior to the GDPR, there was the “95/46 / EC First Data Protection Directive (European DP)”. Approved in 1995, it was already aimed to protect personal data. This directive was replaced by the GDPR.

“Article 94: 1. Directive 95/46 / EC is repealed with effect from 25 May 2018.”

In the EXIN PDPF exam this is a question that is routinely asked. “What directive has been replaced by GDPR?” Answer: 95/46 / EC.

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.

The purpose of GDPR is to protect personal data. In the case of this issue there was no loss of personal data, so it is not a data breach.

Important

A data breach is whenever something happens that has not been planned with the personal data, be it improper processing, improper sharing, loss of data, deletion, etc. That is, personal data must be used for a specific purpose, respecting the life cycle (from collection to exclusion), any situation that escapes this cycle must be reported as a data breach.

Whereas Recital 170 mentions: “Since the objective of this Regulation, namely to ensure an equivalent level of protection of natural persons and the free flow of personal data throughout the Union, cannot be sufficiently

achieved by the Member States and can rather, by reason of the scale or effects of the action, be better

achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union (TEU). In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective”.

Subsidiarity is a principle that says that personal data can only be processed if there are no other means to achieve the objective. Therefore, the less personal data used, the less the chances of violating privacy.

Note that in the quotation in Recital 170 above, the principle of proportionality was highlighted in bold. Equally important to subsidiarity. Proportionality says that personal data must be collected according to the purpose of processing, that is proportional, and data that will not be used for the purpose should not be collected.

These two principles Subsidiarity and Proportionality are constantly charged in the EXIN exam.