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Question 44 - CIPP-E discussion

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Under what circumstances would the GDPR apply to personal data that exists in physical form, such as information contained in notebooks or hard copy files?

A.

Only where the personal data is produced as a physical output of specific automated processing activities, such as printing, labelling, or stamping.

Answers
A.

Only where the personal data is produced as a physical output of specific automated processing activities, such as printing, labelling, or stamping.

B.

Only where the personal data is to be subjected to specific computerized processing, such as image scanning or optical character recognition.

Answers
B.

Only where the personal data is to be subjected to specific computerized processing, such as image scanning or optical character recognition.

C.

Only where the personal data is treated by automated means in some way, such as computerized distribution or filing.

Answers
C.

Only where the personal data is treated by automated means in some way, such as computerized distribution or filing.

D.

Only where the personal data is handled in a sufficiently structured manner so as to form part of a filing system.

Answers
D.

Only where the personal data is handled in a sufficiently structured manner so as to form part of a filing system.

Suggested answer: D

Explanation:

The GDPR applies to all personal data, regardless of whether it exists in physical form or not.The GDPR defines personal data as any information relating to an identified or identifiable natural person, such as names, identification numbers, location data, or online identifiers1. Therefore, any information that can be linked directly or indirectly to a natural person is considered personal data under the GDPR.

However, the GDPR also distinguishes between different types of processing activities and their legal bases. Processing activities are the operations performed on personal data, such as collection, storage, use, disclosure, or deletion. Processing activities can be either automated or manual. Automated processing means using technology to perform processing activities without human intervention. Manual processing means using human intervention to perform processing activities.

The GDPR requires that any processing activity that involves personal data must comply with certain principles and conditions, such as lawfulness, fairness, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity and confidentiality. These principles and conditions apply to both automated and manual processing activities.

Therefore, the GDPR applies to personal data that exists in physical form only when it is processed by an automated means in some way that affects its rights and freedoms. For example, if a company scans paper documents and stores them electronically in a database without deleting them after a certain period of time or when they are no longer needed for the original purpose for which they were collected (Article 6), then this would be considered an automated processing activity that involves personal data in physical form.

However, the GDPR does not apply to personal data that exists in physical form when it is handled in a sufficiently structured manner so as to form part of a filing system. For example, if a company keeps paper documents in folders labeled with names and dates on their office shelves without scanning them or storing them electronically anywhere else (Article 5), then this would not be considered an automated processing activity that involves personal data in physical form.

Physical Data - GDPR Summary

What GDPR Means for Your Physical Records - Access

Personal Data - Data Protection Act 2018

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asked 22/11/2024
martin lopez
23 questions
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