Company X has entrusted the processing of their payroll data to Provider Y. Provider Y stores this encrypted data on its server. The IT department of Provider Y finds out that someone managed to hack into the system and take a copy of the data from its server. In this scenario, whom does Provider Y have the obligation to notify?
What is true if an employee makes an access request to his employer for any personal data held about him?
SCENARIO
Please use the following to answer the next question:
Joe is the new privacy manager for Who-R-U, a Canadian business that provides DNA analysis. The company is headquartered in Montreal, and all of its employees are located there. The company offers its services to
Canadians only: Its website is in English and French, it accepts only Canadian currency, and it blocks internet traffic from outside of Canada (although this solution doesn’t prevent all non-Canadian traffic). It also declines to process orders that request the DNA report to be sent outside of Canada, and returns orders that show a non-Canadian return address.
Bob, the President of Who-R-U, thinks there is a lot of interest for the product in the EU, and the company is exploring a number of plans to expand its customer base.
The first plan, collegially called We-Track-U, will use an app to collect information about its current Canadian customer base. The expansion will allow its Canadian customers to use the app while traveling abroad. He suggests that the company use this app to gather location information. If the plan shows promise, Bob proposes to use push notifications and text messages to encourage existing customers to pre-register for an EU version of the service. Bob calls this work plan, We-Text-U. Once the company has gathered enough pre- registrations, it will develop EU-specific content and services.
Another plan is called Customer for Life. The idea is to offer additional services through the company’s app, like storage and sharing of DNA information with other applications and medical providers. The company’s contract says that it can keep customer DNA indefinitely, and use it to offer new services and market them to customers. It also says that customers agree not to withdraw direct marketing consent. Paul, the marketing director, suggests that the company should fully exploit these provisions, and that it can work around customers’ attempts to withdraw consent because the contract invalidates them.
The final plan is to develop a brand presence in the EU. The company has already begun this process. It is in the process of purchasing the naming rights for a building in Germany, which would come with a few offices that Who-R-U executives can use while traveling internationally. The office doesn’t include any technology or infrastructure; rather, it’s simply a room with a desk and some chairs.
On a recent trip concerning the naming-rights deal, Bob’s laptop is stolen. The laptop held unencrypted DNA reports on 5,000 Who-R-U customers, all of whom are residents of Canada. The reports include customer name, birthdate, ethnicity, racial background, names of relatives, gender, and occasionally health information.
If Who-R-U decides to track locations using its app, what must it do to comply with the GDPR?
Which GDPR requirement will present the most significant challenges for organizations with Bring Your Own Device (BYOD) programs?
Which failing of Privacy Shield, cited by the CJEU as a reason for its invalidation, is the Trans-Atlantic Data Privacy Framework intended to address?
Many businesses print their employees’ photographs on building passes, so that employees can be identified by security staff. This is notwithstanding the fact that facial images potentially qualify as biometric data under the GDPR. Why would such practice be permitted?
A well-known video production company, based in Spain but specializing in documentaries filmed worldwide, has just finished recording several hours of footage featuring senior citizens in the streets of Madrid. Under what condition would the company NOT be required to obtain the consent of everyone whose image they use for their documentary?
A private company has establishments in France, Poland, the United Kingdom and, most prominently, Germany, where its headquarters is established. The company offers its services worldwide. Most of the services are designed in Germany and supported in the other establishments. However, one of the services, a Software as a Service (SaaS) application, was defined and implemented by the Polish establishment. It is also supported by the other establishments.
What is the lead supervisory authority for the SaaS service?
SCENARIO - Please use the following to answer the next question:
It has been a tough season for the Spanish Handball League, with acts of violence and racism having increased exponentially during their last few matches.
In order to address this situation, the Spanish Minister of Sports, in conjunction with the National Handball League Association, issued an Administrative Order (the "Act") obliging all the professional clubs to install a fingerprint-reading system for accessing some areas of the sports halls, primarily the ones directly behind the goalkeepers. The rest of the areas would retain the current access system, which allows any spectators access as long as they hold valid tickets.
The Act named a selected hardware and software provider, New Digital Finger, Ltd., for the creation of the new fingerprint system. Additionally, it stipulated that any of the professional clubs that failed to install this system within a two-year period would face fines under the Act.
The Murla HB Club was the first to install the new system, renting the New Digital Finger hardware and software. Immediately afterward, the Murla HB Club automatically renewed current supporters' subscriptions, while introducing a new contractual clause requiring supporters to access specific areas of the hall through the new fingerprint reading system installed at the gates.
After the first match hosted by the Murla HB Club, a local supporter submitted a complaint to the club and to the Spanish Data Protection Authority (the AEPD), claiming that the new access system violates EU data protection laws. Having been notified by the AEPD of the upcoming investigation regarding this complaint, the Murla HB Club immediately carried out a Data Protection Impact Assessment (DPIA), the conclusions of which stated that the new access system did not pose any high risks to data subjects’ privacy rights.
The Murla HB Club should have carried out a DPIA before the installation of the new access system and at what other time?
Which of the following was the first to implement national law for data protection in 1973?
