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Who is entitled to a private life by law in the UK?
The right to a private life is a fundamental human right that is protected by law in the UK. Article 8 of the European Convention on Human Rights (ECHR), which is incorporated into UK law by the Human Rights Act 1998, states that ''Everyone has the right to respect for his private and family life, his home and his correspondence''. This right applies to all individuals, regardless of their status, profession, or public exposure. The right to a private life covers aspects such as personal identity, personal relationships, physical and mental well-being, personal data, and correspondence. However, this right is not absolute and can be limited or interfered with by the state or other parties in certain circumstances, such as for the protection of national security, public safety, health, morals, or the rights and freedoms of others.Reference:
Which of the following statements are CORRECT about records of processing'?
A, It must contain contact details for the Data Protection Officer where applicable.
B, It must be submitted to the Information Commissioner's Office following every Data Protection Impact Assessment
C, It is mandatory for all data processors
D, The controller or the processor a must makes the record available to the supervisory authority on request
E, It must contain contact details for the supervisory authority
the name and contact details of the controller or the processor, and of any joint controller, representative or data protection officer;
the purposes of the processing;
the categories of data subjects and personal data;
the categories of recipients to whom the personal data have been or will be disclosed, including recipients in third countries or international organisations;
where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and the documentation of suitable safeguards;
where possible, the envisaged time limits for erasure of the different categories of data;
where possible, a general description of the technical and organisational security measures.
The records must be in writing, including in electronic form, and must be made available to the ICO on request. The records do not need to contain contact details of the supervisory authority, as this is not specified in Article 30. Nor do they need to be submitted to the ICO following every DPIA, as this is not required by Article 35, which only obliges the controller to consult the ICO prior to the processing if the DPIA indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk.Reference:
A company has twenty retail outlets in France and thirty retail outlets in Belgium The payroll department and the Data Protection Officer are based in Poland. The Company Board and administrative functions are based in Germany. Determine where the company's 'main establishment' would be
The main establishment of a controller or a processor in the EU is the place where the decisions on the purposes and means of the processing of personal data are taken and implemented. According to Recital 36 of the GDPR, the main establishment of a controller with establishments in more than one Member State should be the place of its central administration in the EU, unless the decisions on the processing are taken in another establishment of the controller in the EU and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions should be considered to be the main establishment. Similarly, the main establishment of a processor with establishments in more than one Member State should be the place of its central administration in the EU, or, if the processor has no central administration in the EU, the establishment of the processor in the EU where the main processing activities take place to the extent that the processor is subject to specific obligations under the GDPR. The main establishment is relevant for determining the lead supervisory authority, the applicable law, and the jurisdiction of the courts for cross-border processing of personal data. In this case, the company's main establishment would be Germany, as it is the place where the company board and administrative functions are based and where the decisions on the processing of personal data are likely to be taken and implemented.Reference:
Article 56 of the GDPR
What is the basis of the accountability and data governance obligation (Article 5 (2) of the GDPR)?
Article 5(2) of the GDPR introduces the principle of accountability, which requires that the controller is responsible for, and be able to demonstrate compliance with, the data protection principles set out in Article 5(1). These principles are: lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and data protection by design and by default. The controller must implement appropriate technical and organisational measures to ensure and demonstrate compliance, such as policies, procedures, records, audits, reviews, and DPIAs. The controller must also cooperate with the supervisory authority and provide any information requested by it. The other options are not the basis of the accountability and data governance obligation, although they may be related to other obligations under the GDPR.Reference:
ICO guidance on accountability and governance4
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
