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While performing a backup, a data server disk crashed. Both the data and the backup are lost. The disk contained personal data, but no special category personal dat
a. The processor states that this is a personal data breach. Is the statement of the processor true?
Suggested Answer: A
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To advise the controller on the mitigation of privacy risks to protect the controller from liability claims for non-compliance. Incorrect. The supervisory authority has the task to monitor compliance and to advise on enhancements, but its purpose is not to protect the controller.
To fulfill the obligation in the GDPR to implement appropriate technical and organizational measures for data protection. Incorrect. The audit is not the implementation of the measures, but an assessment of the effectiveness of them.
To monitor and enforce the application of the GDPR by assessing that processing is performed in compliance with the GDPR. Correct. According to the GDPR this is an important task of a supervisory authority. (Literature: A, Chapter 7; GDPR Article 57 (1)(a))
37 comments · newest first
DE
Denae
11 months ago
Sounds fishy to me, is it really a breach if nothing's left?
WA
Walker
11 months ago
Wait, how can it be a breach if the data is gone?
ME
Merissa
11 months ago
Totally agree, it's a breach regardless of the data type.
TA
Tawanna
11 months ago
I disagree, the data was just destroyed, not processed.
LO
Louvenia
12 months ago
Yes, it's a personal data breach since it involves personal data.
HI
Hildred
12 months ago
I recall that a security incident doesn’t always mean a breach, so maybe option D could be correct, but I’m not sure how that applies here.
KI
Kimberlie
12 months ago
I feel like there was a practice question about data destruction versus processing. I’m leaning towards option B, but I’m not completely confident.
BR
Brandon
1 year ago
I think the processor's statement is true because any loss of personal data could be considered a breach, even if it’s not special category data.
SH
Shenika
1 year ago
I remember discussing personal data breaches in class, but I'm not entirely sure if losing data during a backup counts as a breach.
HA
Hayley
1 year ago
This is a tricky one. I'm going to carefully re-read the question and the answer choices to make sure I don't miss any important nuances.
VI
Virgina
1 year ago
The processor stated this is a personal data breach, so I'm inclined to go with that. The question is asking if the processor's statement is true, and option A seems to support that.
MA
Maia
1 year ago
I'm a bit confused on the distinction between a personal data breach and a security incident. I'll need to review that concept before selecting an answer.
KA
Kami
1 year ago
Okay, let's think this through. The data was personal but not special category, and it was lost due to a disk crash, not unlawful processing. I'm leaning towards option B.
GL
Glen
1 year ago
This question seems straightforward, but I want to make sure I understand the key details before answering.
XE
Xenia
1 year ago
I've got a strategy for this - I'll start by considering the different options and then eliminate the ones that don't make sense.
BE
Benton
1 year ago
I think option B with the TimeoutMS property could be a good solution. That way, the click activity will wait for a certain amount of time before moving on, which could help handle the case where the pop-up window appears.
PO
Pok
1 year ago
I'm a bit confused by the wording of the question, I'll need to read it a few times to make sure I understand.
RA
Rasheeda
1 year ago
Option D is clearly the best choice here. It's just a security incident, not a full-blown data breach. The processor is making a mountain out of a molehill.
ZA
Zachary
1 year ago
User 3: Yeah, the processor is overreacting by calling it a personal data breach.
SH
Sharee
1 year ago
User 2: I agree, there was no personal data processed, only destroyed.
ON
Onita
1 year ago
User 1: I think option D is the correct choice. It's just a security incident.
JO
Joana
1 year ago
Haha, I bet the processor is just trying to cover their own behind. 'No special category data? No problem!' What a loophole!
MA
Marvel
1 year ago
C) Yes, because the personal data on the disk were unlawfully processed.
DE
Delmy
1 year ago
B) No, because no personal data on the disk were processed, only destroyed
MA
Malinda
1 year ago
A) Yes, because there were no special category personal data stored on the disk.
KA
Kati
1 year ago
I disagree. Option C is the way to go. The personal data were processed, even if it was unlawfully. That's a data breach according to the processor's statement.
JE
Jesusa
2 years ago
Hmm, I'm not so sure. Option B makes sense to me. Since the data were only destroyed and not processed, it may not qualify as a data breach.
DA
Darrin
1 year ago
Jacquelyne: That makes sense. So, it's more of a security incident than a data breach.
JA
Jacquelyne
1 year ago
User 3: I agree with Lucy. Since the data was not processed, it may not be considered a data breach.
LU
Lucy
1 year ago
User 2: But doesn't the fact that personal data was lost make it a data breach?
VA
Valentin
1 year ago
User 2: Yeah, I agree. It may not qualify as a data breach if no personal data were processed.
ME
Meghann
1 year ago
User 1: I think Option B is correct. The data were only destroyed, not processed.
AS
Ashley
1 year ago
User 1: I think option B is correct. The data was only destroyed, not processed.
KE
Kenneth
2 years ago
True, but any personal data being lost can still be considered a breach.
AR
Arlene
2 years ago
I think the correct answer is A. The processor is right because the data on the disk were personal data, even if they weren't special category. A data breach has occurred.
FE
Felicia
2 years ago
But there were no special category personal data, so maybe it's not a breach.
KE
Kenneth
2 years ago
I think the processor is right. It's a personal data breach.