Discuss PECB GDPR Exam Topic 2 Question 14

Questio n:

Under GDPR, the controller must demonstrate that data subjects have consented to the processing of their personal data, and the consent must be freely given.

What is the role of the DPO in ensuring compliance with this requirement?

AThe DPO should ensure that the controller has informed data subjects about their right to withdraw consent.

BThe DPO should ensure that the controller has implemented procedures to provide evidence that consent has been obtained for all relevant personal data.

CThe DPO should personally record information such as who consented, when they consented, and how consent was given.

DThe DPO should approve the legal basis for consent processing before the controller can collect personal data.

Suggested Answer: B

Under Article 7(1) of GDPR, controllers must be able to demonstrate that the data subject has given consent. The DPO advises on ensuring these procedures are in place but does not collect or approve consent directly.

Option B is correct because the DPO must verify that consent records exist and meet GDPR standards.

Option A is incorrect because informing data subjects about withdrawal rights is the controller's duty, not the DPO's.

Option C is incorrect because the DPO does not personally maintain consent logs.

Option D is incorrect because DPOs do not approve legal bases for processing---this is the controller's responsibility.

GDPR Article 7(1) (Controller must demonstrate valid consent)

GDPR Article 39(1)(b) (DPO ensures compliance with data protection obligations)

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12 comments · newest first

Ammie 3 months ago

D makes sense. The DPO should ensure the legal basis is solid before data collection.

Samira 3 months ago

A is important too. People need to know they can withdraw consent anytime.

Sarah 3 months ago

I think B is the best choice. Evidence of consent is crucial.

Alonso 3 months ago

Not sure if the DPO should be recording all that info personally. Sounds like a recipe for errors.

Jesusita 3 months ago

B is spot on! Evidence of consent is crucial for compliance.

Ty 4 months ago

Wait, the DPO has to approve the legal basis? That seems like a lot of responsibility!

Elvera 5 months ago

I agree, but isn’t it also the controller’s job to keep track of consent records?

Quentin 5 months ago

The DPO definitely needs to ensure data subjects know they can withdraw consent.

Dominque 6 months ago

I vaguely recall that the DPO doesn't usually approve legal bases for processing, so option D might not be their responsibility.

Thurman 6 months ago

I feel like we had a practice question that mentioned the DPO ensuring data subjects know they can withdraw consent, which might relate to option A.

Celestine 6 months ago

I'm not entirely sure, but I think the DPO's role is more about oversight rather than recording consent details personally, so option C seems off.

Ivan 6 months ago

I remember we discussed how the DPO plays a crucial role in ensuring that consent is properly documented, so I think option B makes sense.

PECB GDPR Exam - Topic 2 Question 14 Discussion