Discuss IAPP CIPP/E Exam Topic 3 Question 119

What was the main failing of Convention 108 that led to the creation of the Data Protection Directive (Directive 95/46/EC)?

AIT did not account for the rapid growth of the Internet

BIt did not include protections for sensitive personal data

CIt was implemented in a fragmented manner by a small number of states.

DIts penalties for violations of data protection rights were widely viewed as r sufficient.

Suggested Answer: C

Convention 108 was the first legally binding international instrument in the data protection field, adopted by the Council of Europe in 19811.However, it had some limitations that led to the creation of the Data Protection Directive (Directive 95/46/EC) by the European Union in 19952.One of the main failings of Convention 108 was that it was implemented in a fragmented manner by a small number of states, resulting in divergent and inconsistent national laws and practices3.The Data Protection Directive aimed to harmonize the data protection rules within the EU and to ensure a high level of protection for individuals' rights and freedoms2. Therefore, option C is the correct answer.Option A is incorrect because Convention 108 did account for the rapid growth of the Internet by allowing for amendments and protocols to adapt to technological developments1.Option B is incorrect because Convention 108 did include protections for sensitive personal data, such as those revealing racial origin, political opinions, religious beliefs, health, or sexual life1.Option D is incorrect because Convention 108 did not prescribe specific penalties for violations of data protection rights, but left it to the Parties to adopt appropriate sanctions and remedies1.Reference:

Convention 108 and Protocols

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Convention 108+ and the Data Protection Framework of the EU

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12 comments · newest first

Jules 3 months ago

C makes sense too. Fragmentation led to confusion among states.

Jacquelyne 4 months ago

I feel B is crucial. Sensitive data needs stronger protections.

Stevie 4 months ago

I think A is the main issue. The Internet exploded after Convention 108.

Angelo 4 months ago

Wait, were the penalties really that insufficient? Sounds surprising!

Hailey 4 months ago

Fragmented implementation was definitely a problem too.

Ming 4 months ago

Really? I thought it was more about sensitive data protections.

Aleshia 6 months ago

Totally agree, that was a huge oversight!

Lewis 6 months ago

It didn't account for the rapid growth of the Internet.

Silvana 7 months ago

I think the penalties for violations were definitely seen as insufficient, but I’m not sure if that was the primary reason for the Directive's creation.

Kris 7 months ago

I recall a practice question that mentioned the fragmented implementation by states. It could be a reason, but I’m not confident if it was the main failing.

Kayleigh 7 months ago

I'm not entirely sure, but I feel like it might have been about the lack of protections for sensitive personal data. That seems like a big deal, right?

Kristal 7 months ago

I think the main issue with Convention 108 was that it didn't really address the rapid growth of the Internet. I remember discussing how that led to gaps in protection.

IAPP CIPP/E Exam - Topic 3 Question 119 Discussion