Pass the IAPP Certified Information Privacy Professional CIPP-E Questions and answers with CertsForce

Under the GDPR, using CCTV on business premises involves the processing of personal data, which requires compliance with the data protection principles and obligations. However, notifying the appropriate data protection authority (DPA) is not one of the steps that a company should take before using CCTV, unless the DPA has specifically requested it or the CCTV involves high-risk processing that requires prior consultation. The other steps are necessary to ensure GDPR compliance, as explained below:

Performing a data protection impact assessment (DPIA) is a mandatory requirement for any type of processing that is likely to result in a high risk to the rights and freedoms of individuals, such as large-scale or systematic monitoring of public areas. A DPIA is a process that helps identify and mitigate the potential privacy risks of using CCTV, and document the measures taken to address them. A DPIA should include a description of the processing, its purpose and necessity, its risks and benefits, the safeguards and security measures, and the consultation with stakeholders. A DPIA should be carried out before the CCTV system is installed or upgraded, and reviewed regularly or whenever there is a significant change in the processing.

Creating an information retention policy for those who operate the system is a good practice to ensure that the personal data collected by CCTV is not kept longer than necessary for the purpose for which it was collected, and that it is securely deleted or anonymised when no longer needed. The retention period should be determined by the specific purpose and context of using CCTV, and take into account any legal or contractual obligations, as well as the expectations and rights of the data subjects. The retention policy should also specify who is responsible for managing and deleting the CCTV footage, and how the deletion process is verified and documented.

Ensuring that safeguards are in place to prevent unauthorized access to the footage is an essential requirement to comply with the GDPR principle of integrity and confidentiality, which states that personal data must be processed in a manner that ensures appropriate security of the data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage. The safeguards may include technical and organisational measures, such as encryption, access control, logging, audit, training, policies and procedures, that aim to protect the CCTV footage from unauthorized or unlawful access, disclosure, alteration, or destruction, both during transmission and storage. References: GDPR Article 35, GDPR Article 36, GDPR Article 5, CCTV and video surveillance | ICO, 5 Step Guide to Check if Your CCTV is GDPR Compliant

According to Article 37 of the GDPR, the designation of a data protection officer (DPO) is mandatory for controllers and processors in three cases1:

When the processing is carried out by a public authority or body, except for courts acting in their judicial capacity;

When the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or

When the core activities of the controller or the processor consist of processing on a large scale of special categories of data pursuant to Article 9 and personal data relating to criminal convictions and offences referred to in Article 10.

The GDPR does not define what constitutes “regular and systematic monitoring” or “large scale”, but the Article 29 Working Party (now replaced by the European Data Protection Board) has provided some guidance on these concepts2. According to the guidance, “regular and systematic monitoring” includes all forms of tracking and profiling on the internet, including for the purposes of behavioural advertising, but also offline activities such as CCTV or health data monitoring. The guidance also suggests some criteria to assess whether the processing is carried out on a large scale, such as the number of data subjects concerned, the volume of data or the range of data items processed, the duration or permanence of the processing activity, and the geographical extent of the processing.

In the given scenario, option D is the only one that clearly falls under the second case of mandatory DPO designation, as it implies that the controller or processor is engaged in regular and systematic monitoring of data subjects on a large scale as part of their core activities. This could include, for example, online behavioural advertising, location tracking, loyalty programs, or health data analytics. The other options are not sufficient to trigger the obligation to appoint a DPO, unless they are combined with other factors that indicate a large scale or a high risk of the processing. For instance, option A is not relevant, as the GDPR does not set a threshold based on the size or number of employees of the organisation. Option B is also not decisive, as the GDPR does not distinguish between for-profit or non-profit purposes of the processing. Option C may require a DPO if the processing of financial information or information relating to children is done on a large scale and involves special categories of data, but it is not a general rule. References:

1: Article 37 of the GDPR

2: Guidelines on Data Protection Officers (‘DPOs’)

3: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

4: https://edpb.europa.eu/sites/edpb/files/files/file1/wp243rev01_en.pdf

5: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679

6: [https://edpb.europa.eu/sites/edpb/files/files/file1/wp243rev01_en.pdf]

7: [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32016R0679]

Article 82 of the GDPR1234 regulates the right to compensation and liability for any person who has suffered material or non-material damage as a result of an infringement of the GDPR.

Paragraph 4 of Article 821234 states that a controller or processor shall be exempt from liability under paragraph 2 (which holds them liable for the damage caused by processing which infringes the GDPR) if it proves that it is not in any way responsible for the event giving rise to the damage.

Therefore, the right to compensation and liability under the GDPR provides for an exemption from liability if the data controller (or data processor) proves that it is not in any way responsible for the event giving rise to the damage.

References:

1: Art. 82 GDPR – Right to compensation and liability - General Data Protection Regulation (GDPR)

2: Art. 82 GDPR - Right to compensation and liability - GDPR.eu

3: GDPR Article 82: Right to compensation and liability - Advisera

4: Article 82 GDPR | Right to compensation and liability

 According to Article 33 of the GDPR, processors must notify controllers without undue delay after becoming aware of a personal data breach1. Even though Leon and Fred did not disclose the data to anyone else, the unauthorized access and copying of the log files still constitutes a personal data breach2. Therefore, Techiva, as a processor, has a legal responsibility to report it to TripBliss Inc., as the controller. The other options are not legal obligations for processors, although they may be good practices or contractual terms. References:

Free CIPP/E Study Guide, page 32, section 4.1.2

CIPP/E Certification, page 27, section 4.1.2

Cipp-e Study guides, Class notes & Summaries, page 38, section 4.1.2

New IAPP CIPP-E Exam Practice Questions, question 141

Processors’ responsibilities, paragraph 2

According to the GDPR, personal data must be kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed1. Therefore, the data storage period of the backup system must be aligned with this principle and reviewed regularly. Moreover, the GDPR requires that when a controller (the company) uses a processor (AWS) to process personal data on its behalf, it must ensure that the processor provides sufficient guarantees to implement appropriate technical and organizational measures to meet the requirements of the GDPR and ensure the protection of the rights of the data subjects2. This is usually done by signing a data processing agreement that sets out the subject matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects, and the obligations and rights of the controller3. AWS offers a GDPR-compliant Data Processing Addendum (DPA) that is incorporated into the AWS Service Terms and applies automatically to all customers who require it to comply with the GDPR4. References:

Free CIPP/E Study Guide, page 24, section 4.2.1

Free CIPP/E Study Guide, page 25, section 4.3

GDPR, Article 28

GDPR - Amazon Web Services (AWS), section “GDPR resources”

The steps listed in the question are part of a best practice framework for implementing a secure BYOD program, which allows employees to use their personal devices to access organizational data and applications. A BYOD program poses significant privacy and security risks, such as data leakage, unauthorized access, malware infection, and compliance violations. Therefore, an organization should follow a comprehensive approach to discover, monitor, manage, and secure the devices, apps, and data involved in a BYOD program. This approach can help the organization meet the GDPR requirements for data protection by design and by default, data security, accountability, and data breach notification. References:

Free CIPP/E Study Guide, page 15, section 2.3.3

CIPP/E Certification, page 10, section 1.1.2

Cipp-e Study guides, Class notes & Summaries, document “CIPP/E Exam Summary 2023”, page 42, section 2.3.3

According to Article 14 of the GDPR, where personal data is not obtained directly from the data subject, the controller must provide the data subject with certain information about the processing, such as the identity of the controller, the purposes and legal basis of the processing, the categories of personal data concerned, the recipients or categories of recipients of the personal data, and the rights of the data subject12. However, there are some exceptions to this obligation, as specified in Article 14(5). One of them is when the provision of such information proves impossible or would involve a disproportionate effort, in particular for processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the conditions and safeguards referred to in Article 89(1) or in so far as the obligation is likely to render impossible or seriously impair the achievement of the objectives of that processing12. In such cases, the controller must take appropriate measures to protect the data subject’s rights and freedoms and legitimate interests, including making the information publicly available12. References: CIPP/E Certification - International Association of Privacy Professionals, Free CIPP/E Study Guide - International Association of Privacy Professionals, GDPR - EUR-Lex, Right to be Informed - General Data Protection Regulation (GDPR)

According to the GDPR, data controllers must report personal data breaches to the supervisory authority without undue delay and, where feasible, not later than 72 hours after having become aware of it (Art 33 of GDPR). However, the notification is not required if the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons (Art 33(1) of GDPR). In this case, TripBliss Inc. could argue that the stolen data was securely erased by Leon before it could be disclosed to anyone else, and therefore the risk of harm to the data subjects was minimal. TripBliss Inc. would have to provide evidence of the secure deletion of the data and the absence of any copies or backups. Alternatively, TripBliss Inc. could also invoke the exception of disproportionate effort to avoid notifying the data subjects directly, but only if they have made a public communication or similar measure to inform them in an equally effective manner (Art 34(3)(b) of GDPR). The other options are not valid defenses, as they do not affect the likelihood of risk to the data subjects. The incident was not caused by a third-party, but by an employee of Techiva, who was acting as a data processor on behalf of TripBliss Inc. As the data controller, TripBliss Inc. is responsible for ensuring that the data processor provides sufficient guarantees to implement appropriate technical and organisational measures to comply with the GDPR (Art 28 of GDPR). The sensitivity of the data categories is not relevant for the notification obligation, as any personal data breach could pose a risk to the data subjects, depending on the circumstances. The GDPR does not provide a threshold for the sensitivity of the data, but rather requires a case-by-case assessment of the potential impact of the breach. References:

GDPR, Art 33, Art 34, Art 28

Free CIPP/E Study Guide, p. 15

European Data Protection Law & Practice, p. 123-124

Personal data breach notification under the GDPR

The GDPR applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not (Article 3(1)). The GDPR also applies to the processing of personal data of data subjects who are in the EU by a controller or a processor not established in the EU, where the processing activities are related to the offering of goods or services to such data subjects in the EU, or the monitoring of their behaviour as far as their behaviour takes place within the EU (Article 3(2)). Therefore, the GDPR would apply to the following entities:

A South American company that regularly collects European customers’ personal data, as it is offering goods or services to data subjects in the EU.

A company that stores all customer data in Australia and is headquartered in a European Union (EU) member state, as it has an establishment in the EU.

A Chinese company that has opened a satellite office in a European Union (EU) member state to service European customers, as it has an establishment in the EU and is offering goods or services to data subjects in the EU.

The GDPR would not apply to the following entity:

A North American company servicing customers in South Africa that uses a cloud storage system made by a European company, as it does not have an establishment in the EU, nor is it offering goods or services to data subjects in the EU, nor is it monitoring their behaviour within the EU. The fact that it uses a cloud storage system made by a European company does not trigger the application of the GDPR, unless the cloud provider is also processing personal data on behalf of the North American company in the context of its activities in the EU.

References: Guidelines 3/2018 on the territorial scope of the GDPR (Article 3) - version adopted after public consultation, Art. 3 GDPR – Territorial scope - General Data Protection Regulation (GDPR)