A controller discovers that a data subject, who had given consent for the processing of his data, has passed away. What this implies for data processing according to the General Data Protection Regulation (GDPR)?
With the death of the data subject, the controller can process the data in any way he wishes, since personal data of deceased persons is not within the scope of the GDPR.
Recital 27 says: This Regulation does not apply to the personal data of deceased persons. Member States may provide for rules regarding the processing of personal data of deceased persons.
A controller wants to switch processors. What is necessary to review before making this change, so that it remains GDPR compliant?
Verify that the processor has sufficient security guarantees that are essential for the Controller to remain in
compliance with the GDPR. Remember that the responsibility is always of the controller who must take care of the data of the data subjects that have been entrusted to him.
Recital 81 mentions the following:
(81) To ensure compliance with the requirements of this Regulation in respect of the processing to be carried out by the processor on behalf of the controller, when entrusting a processor with processing activities, the controller should use only processors providing sufficient guarantees, in particular in terms of expert knowledge, reliability and resources, to implement technical and organizational measures which will meet the requirements of this Regulation, including for the security of processing. The adherence of the processor to an approved code of conduct or an approved certification mechanism may be used as an element to demonstrate compliance with the obligations of the controller.
A good practice is to lock the computer automatically or manually when you are away from the workstation.
The company's DPO realizes that this procedure is not being followed by employees. This occurrence should be classified in which category?
This occurrence should be classified as a security vulnerability, as it does not state whether an incident occurred for this reason.
However, the failure in this procedure can allow an incident to occur if an unauthorized person has access to the workstation.
Vulnerability is the means by which an attack can cause an information security incident.
When is a Data Protection Impact Assessment (DPIA) under the General Data Protection Regulation (GDPR) mandatory?
Whenever a new technology is applied, a DPIA must be performed. In addition, a DPIA must be performed before starting the processing of personal data. This is important to check for risks to data subjects since data collection.
In its Article 35 the GDPR legislates on the Impact assessment on data protection.
1. Where a type of processing in particular using new technologies, and taking into account the nature, scope, context and purposes of the processing, is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of personal data. A single assessment may address a set of similar processing operations that present similar high risks.
The General Data Protection Regulation (GDPR) is related to the protection of personal dat
a. What is the definition of personal data?
In its first paragraph of Article 4, the GDPR defines:
'personal data' means any information relating to an identified or identifiable natural person...
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