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Personal data can be transferred outside of the EE
Transfers based on the laws of the non-EEA country concerned. Incorrect. This would also require an adequacy decision confirming that those laws are sufficient.
Transfers falling under World Trade Organization rules. Incorrect. WTO only covers free trade of goods and services.
Transfers governed by approved binding corporate rules (BCR). Correct. Binding corporate rules approved by a supervisory authority involved make the transfer lawful. (Literature: A, Chapter 7; GDPR Article 47)
Transfers within a global corporation or organization. Incorrect. This would also require that they adopt official binding corporate rules.
https://edps.europa.eu/data-protection/data-protection/reference-library/international-transfers_en
How does GDPR regulate this specific case?
A woman uses the services of a gym in the city where she lives. Yet she will move to another town. So, she requests the current gym to transfer all her data, exercises, eating plans, physical evaluations, etc. to another gym in the new town.
The Article 20 of GDPR establishes the Right to data portability.
The second paragraph mentions:
In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
However, it is worth noting that the paragraph 1 of this article mentions:
The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format...
The utterance explains that she requested that the data was transferred, that is why the correct answer is ''The current gym should send all her data directly to the new gym.'' (B)
Yet she has the right to request her own data, so if the utterance was referenced in that way, the correct answer would be: ''The current gym should provide the data to her.'' (D)
Who should ask for an opinion after conducting an impact assessment on the protection of personal data (DPIA)?
The controller is responsible for performing the DPIA. However, after executing it, it is necessary to have the opinion of the DPO -- in charge of Data Protection, so that it can give its opinion, favorable or not for the continuity of processing.
Article 35 of GDPR
2. The controller shall seek the advice of the data protection officer, where designated, when carrying out a data protection impact assessment.
A personal data breach has occurred, and the controller is writing a draft notification for the supervisory authority. The following information is already in the notification:
- The nature of the personal data breach and its possible consequences.
- Information regarding the parties that can provide additional information about the data breach.
What other information must the controller provide?
Information of local and national authorities that were informed about the data breach. Incorrect. The supervisory authority must be made aware of reports to supervisory authorities in other EEA countries. Reports to local authorities, for instance the police, do not need to be reported.
Name and contact details of the data subjects whose data may have been breached. Incorrect. The supervisory authority requires an estimate of the number of data subjects involved, not their personal data.
Suggested measures to mitigate the adverse consequences of the data breach. Correct. The controller should add suggested measures to mitigate the adverse consequences of the data breach. (Literature: A, Chapter 7; GDPR Article 33(q))
The information needed to access the personal data that have been breached. Incorrect. The supervisory authority needs to know the type of personal data involved, but does not need access to the data themselves.
