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On July 12, 2016 the European Commission implemented a ruling regarding the transfer of personal data between the EEA and the US. The ruling is based on the data protection measures described in the EU-US Privacy Shield. What kind of a ruling is this?
Adequacy decision. Correct. The ruling is an adequacy decision regarding processing in third countries. (Literature: A, Chapter 7; GDPR Article 45 and Recitals (104) and (106)
Derogation. Incorrect. A derogation is for specific situations where a transfer is necessary, but there is no ruling permitting it. (Literature: GDPR Article 49(1)(q))
Legally binding contract. Incorrect. The ruling is an adequacy decision. A legally binding contract is between a processor and a controller.
Treaty superseding the GDPR. Incorrect. The ruling is an adequacy decision. It does not supersede the GDPR.
Which condition below allows personal data to be processed legally?
Article 6 legislates on the lawfulness of treatment and in it cites the 6 legal bases provided:
1 - the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
2- processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering a contract
3 - processing is necessary for compliance with a legal obligation to which the controller is subject;
4- processing is necessary in order to protect the vital interests of the data subject or of another natural person;
5 - processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
6 - processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which requires protection of personal data, in particular where the data subject is a child.
A person buys a product at a store located in the European Economic Area (EEA). At the time of purchase, you are asked to fill out a registration form and he informs his personal email.
As is usual in many stores, in the next few days this person will start receiving several marketing emails. He considers the frequency of these emails to be very high. Demanding his rights, he asks the store to delete all his personal data.
What is the right required by the data subject?
Article 17
The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay.
The General Data Protection Regulation (GDPR) is often known as the ''European privacy law''. What is the relationship between 'privacy' and 'data protection'?
Data protection and privacy are complementary, but not the same thing.
A very repeated phrase is: ''It is possible to have security without privacy, but it is not possible to have privacy without security''.
Privacy is a right that must be protected, and Data Protection are the measures that will be used to achieve this protection.
In what way are online activities of people most effectively used by modern marketers?
