CIPP-E Dumps With Exact Questions and Answers

 According to Article 58 of the GDPR, each supervisory authority has the power to notify the controller or the processor of an alleged infringement of the GDPR as part of its investigative powers. This power allows the supervisory authority to alert the controller or the processor of a possible violation of the GDPR and to initiate further actions if necessary. The notification may also include recommendations or instructions on how to remedy the infringement or prevent further violations. References:

• Article 58 of the GDPR
• European Data Protection Law & Practice textbook, Chapter 9: Supervision and Enforcement, Section 9.2: Supervisory Authorities, Subsection 9.2.2: Powers of Supervisory Authorities

According to the General Data Protection Regulation (GDPR), a data processor is a natural or legal person, agency, public authority, or any other body who processes personal data on behalf of a data controller. A data controller is a natural or legal person, agency, public authority, or any other body who, alone or jointly with others, determines the purposes and means of the processing of personal data. The GDPR imposes specific obligations and responsibilities on both data controllers and data processors, and requires them to enter into a written contract or other legal act that sets out the subject matter, duration, nature, and purpose of the processing, as well as the obligations and rights of the data controller.

In this scenario, BHealthy is the data controller, as it determines the purpose and means of collecting and sharing its customer information with Natural Insight. Natural Insight is the data processor, as it processes the customer information on behalf of BHealthy for the purpose of determining the price point for BHealthy’s new sunscreens. However, Natural Insight also intends to use the customer information for its own purpose of improving its algorithms, which may not be aligned with BHealthy’s purpose or instructions. This may constitute a breach of the data processing contract and the GDPR, as the data processor must only process the personal data on documented instructions from the data controller, unless required to do so by EU or member state law (Article 28(3)(a) of the GDPR).

Therefore, the only case in which Natural Insight’s use of BHealthy’s data for improvement of its algorithms would be considered data processor activity is if Natural Insight receives express contractual instructions from BHealthy to use its data for improving its algorithms. This would mean that BHealthy has given its consent and authorization for Natural Insight to process the data for that specific purpose, and that Natural Insight is acting in accordance with BHealthy’s instructions. In this case, Natural Insight would still be bound by the data processing contract and the GDPR, and would have to comply with the other obligations and requirements of a data processor, such as ensuring the security of the data, respecting the conditions for engaging another processor, assisting the data controller in ensuring compliance with the GDPR, and deleting or returning the data to the data controller after the end of the service.

The other options are not valid cases for data processor activity, as they do not involve the data controller’s instructions or consent. If Natural Insight uses BHealthy’s data for improving price point predictions only for BHealthy, it may still be processing the data for a different purpose than the one for which it was collected and shared, and without BHealthy’s knowledge or approval. If Natural Insight agrees to be fully liable for its use of BHealthy’s customer information in its product improvement activities, it may still be violating the data processing contract and the GDPR, as it is not acting on behalf of the data controller, but for its own benefit. If Natural Insight satisfies the transparency requirement by notifying BHealthy’s customers of its plans to use their information for its product improvement activities, it may still be infringing the data controller’s rights and obligations, as it is not the data controller’s role to inform the data subjects of the processing activities, and it may not have a lawful basis for processing the data for its own purpose.

References:

• GDPR
• Data Controllers and Processors - GDPR EU
• Who does the UK GDPR apply to? | ICO
• What Activities Count as Processing Under the GDPR?
• What constitutes data processing? - European Commission

The GDPR and the Convention 108 are two important data protection instruments that aim to protect the rights and freedoms of individuals with regard to their personal data. They both have some similarities and some differences, but one common feature is that they both require notification of processing activities to a supervisory authority.

A supervisory authority is an independent public body that monitors and enforces compliance with data protection laws. In the EU, there are 47 national data protection authorities (DPAs) that have the power to impose administrative fines, issue guidelines, conduct investigations, and cooperate with other authorities1. In the Council of Europe, there are 54 parties to the Convention 108 that have established their own supervisory authorities or have agreed to be supervised by an external authority2.

Notification of processing activities is a requirement for any controller or processor of personal data that falls under the scope of the GDPR or the Convention 108. A controller is a natural or legal person who determines the purposes and means of the processing of personal data3. A processor is a natural or legal person who processes personal data on behalf of a controller3. Notification means informing the supervisory authority about certain aspects of the processing, such as:

• The identity and contact details of the controller and processor
• The categories and sources of personal data
• The purposes and legal basis for processing
• The recipients or categories of recipients of personal data
• The retention period or criteria for determining it
• The existence of any automated decision-making or profiling
• The rights of data subjects and how they can exercise them

Notification can be done in various ways, such as:

• Submitting a written notification form
• Publishing a notice on a website or other platform
• Sending an email or other electronic message
• Using an online system or portal

Notification should be done as soon as possible after becoming aware of any relevant information about the processing. It should also be updated whenever there are significant changes in relation to the processing4.

Therefore, both the GDPR and the Convention 108 require notification of processing activities to a supervisory authority. This is one way to ensure transparency, accountability, and compliance with data protection laws.