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In which of the following circumstances does a public authority NOT need to appoint a Data Protection Officer?
Under Article 37 of the UK GDPR, a public authority or a public body must appoint a data protection officer (DPO) unless it is a court acting in its judicial capacity. This is the only exception for public authorities or bodies from the obligation to appoint a DPO. The other circumstances listed in the question, such as processing a large amount of personal data, processing special category data, or being defined as a public body in the Data Protection Act 2018, do not exempt a public authority or a public body from appointing a DPO.Reference:
Data protection officers | ICO2
Article 57 of the UK GDPR states that the tasks of the Commissioner include -Select the INCORRECT answer
Article 57 of the UK GDPR states that the tasks of the Commissioner include handling complaints raised by individuals/data subjects, providing general guidance to clarify the law, and advising UK Parliament on issues related to the protection of personal data, among other tasks. However, adopting consistency findings in cross-border data protection cases is not a task of the Commissioner, but of the European Data Protection Board (EDPB), which is an independent body composed of the heads of the supervisory authorities of the EU and EEA member states and the European Data Protection Supervisor. The EDPB is responsible for ensuring the consistent application of the EU GDPR across the EU and EEA, and for issuing opinions and decisions on matters of general application or affecting more than one member state. The UK is no longer part of the EU or the EEA, and therefore the EDPB does not have jurisdiction over the UK GDPR or the Commissioner. The UK has its own mechanism for ensuring consistency and cooperation with other countries, which involves the Commissioner and the Secretary of State.Reference:
Article 63 and 64 of the EU GDPR4
ICO guidance on the UK GDPR and the EU GDPR5
Which of the following is NOT a role of the Information Commissioner's Office?
The Information Commissioner's Office (ICO) is the UK's independent authority for data protection, which is responsible for upholding the UK GDPR and the Data Protection Act 2018, as well as other related legislation. The ICO has various roles and tasks, such as monitoring and enforcing the application of the data protection law, promoting public awareness and understanding of the risks and rights related to processing, advising the Parliament and the government on legislative and administrative measures concerning data protection, encouraging the development of codes of conduct and certification schemes, and handling complaints and investigations. However, the ICO does not provide case by case advice on what retention period companies should use, as this is a matter for the companies themselves to determine, based on their own purposes, legal obligations, and risk assessments. The ICO only provides general guidance on the data minimisation and storage limitation principles, which require that personal data should be kept only for as long as necessary and no longer than that. The ICO also expects companies to have clear policies and procedures on how they retain and dispose of personal data, and to document their retention periods and the reasons for them.Reference:
ICO guidance on the role of the ICO2
ICO guidance on data minimisation and storage limitation3
Under the Privacy and Electronic Communications Regulations, organisations must NOT make marketing telephone calls to which of the following?
The Privacy and Electronic Communications Regulations (PECR) are a set of rules that regulate the use of electronic communications for marketing purposes, such as phone calls, texts, emails and faxes. One of the rules is that organisations must not make unsolicited marketing calls to individuals who have registered their numbers with the Telephone Preference Service (TPS), unless they have given their prior consent to receive such calls from that organisation. The TPS is a free service that allows individuals to opt out of receiving any marketing calls. It is a legal requirement for organisations to check the TPS before making any marketing calls and to respect the preferences of the individuals registered on it. If an organisation fails to comply with this rule, it may face enforcement action from the Information Commissioner's Office (ICO), which is the UK's data protection authority and the regulator of PECR.Reference:
Where a processor engages another processor ("sub-processor") to carry out processing activities on behalf of a controller, which of the following statements is CORRECT?
Article 28(2) of UK GDPR states that where a processor engages another processor (''sub-processor'') for carrying out specific processing activities on behalf of the controller, the same data protection obligations as set out in the contract or other legal act between the controller and the processor shall be imposed on that other processor by way of a contract or other legal act under domestic law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of UK GDPR. The processor shall not engage another processor without prior specific or general written authorisation of the controller. In the case of general written authorisation, the processor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes. The other options are incorrect, as they do not reflect the requirements of UK GDPR for using a sub-processor. The processor cannot use a sub-processor without the written authorisation of the controller, regardless of whether it adheres to an approved code of conduct, signs a contract with the same obligations as the controller, or deems the processing to be low risk.Reference:
ICO guidance on contracts and liabilities between controllers and processors3
