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The General Data Protection Regulation (GDPR) came into effect on May 25, 2018, what is the legal status of this regulation?
When we have a Regulation, such as the GDPR, all EU member states are obliged to follow it. The regulation is a law and Member States cannot create laws that oppose it. Unlike the Directives that set objectives to be achieved, however, each Member State is free to decide how to apply them in its country.
Which of the options below is classified as a personal data breach under the GDPR?
Another option says: ''A server is attacked and exploited by a hacker'', however, here it does not provide information if that server contained personal data.
The other wrong option is: 'Strategic company data is mistakenly shared'. Strategic data is not personal data.
For these reasons, the correct option is ''Personal data processed without the consent of the controller''. Note: even if the processor has a contract that authorizes the processing of personal data on behalf of the controller, it cannot perform any treatment to which it was not previously authorized, nor can it sub-process without the knowledge and consent of the controller.
Your credit card has been cloned. A card contains various personal information.
What category of data breach is this incident?
Data breach categories:
Material: Loss of equipment or material with data, lost file folders, lost smartphones, etc.
Verbal: Indiscretion, shoulder surfing, intentional leakage of sensitive information, etc.
Digital (not material): Backdoors, incorrect coding, maladministration (e.g., patch management), insufficient security measures, card cloning etc.
When a data breach occurs in a company that has branches in several countries of the European Union, which supervisory authority is competent to take the appropriate measures?
Recital 124 tells us:
''Where the processing of personal data takes place in the context of the activities of an establishment of a controller or a processor in the Union and the controller or processor is established in more than one Member State, or where processing taking place in the context of the activities of a single establishment of a controller or processor in the Union substantially affects or is likely to substantially affect data subjects in more than one Member State, the supervisory authority for the main establishment of the controller or processor or for the single establishment of the controller or processor should act as lead authority...''
But what is Main Establishment?
Article 4, paragraph 16, gives us the definitions:
16) Main establishment:
a) as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment;
b) as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations
under this Regulation.
The word privacy is never mentioned in the General Data Protection Regulation (GDPR) text.
Despite this, what would be the best definition of the privacy according to the Regulation?
Privacy is a right that must be protected, and Data Protection are the measures that will be used to achieve this protection.
Data protection and privacy complement each other, but they are not the same.
A well-known phrase is: ''You can have security without privacy, but you cannot have privacy without security''.
Recital 4 of the GDPR says:
The processing of personal data should be designed to serve individuals. The right to protection of personal data is not absolute; it must be considered in relation to its role in society and balanced with other fundamental rights, in accordance with the principle of proportionality. This Regulation respects all fundamental rights and observes the freedom and principles recognized in the Charter, enshrined in the Treaties, namely respect for private and family life, home and communications, the protection of personal data, freedom of thought, conscience and religion, freedom of expression and information, freedom of business, the right to action and an impartial tribunal, and cultural, religious and linguistic diversity.
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