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Jerry the Chief Marketing Officer for a sports apparel and trophy company, sells products to schools and athletic clubs globally Recently the company has decided to invest in a new line of customized sports equipment Jerry plans to email his current customer base to offer them a discount on their first purchase of such equipment. Jerry tells Kate, the Director of Privacy, about his plan. What is the best guidance Kate can provide to Jerry?
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The Planet 49 CJEU Judgement applies to?
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Article 58 of the GDPR describes the power of supervisory authorities. Which of the following is NOT among those granted?
Pursuant to Article 4(5) of the GDPR, data is considered "pseudonymized" if?
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Under Article 80(1) of the GDPR, individuals can elect to be represented by not-for-profit organizations in a privacy group litigation or class action. These organizations are commonly known as?
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Question 61 - CIPP-E discussion

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Article 5(1)(b) of the GDPR states that personal data must be "collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes." Based on Article 5(1)(b), what is the impact of a member state's interpretation of the word "incompatible''?

A.

It dictates the level of security a processor must follow when using and storing personal data for two different purposes.

Answers
A.

It dictates the level of security a processor must follow when using and storing personal data for two different purposes.

B.

It guides the courts on the severity of the consequences for those who are convicted of the intentional misuse of personal data.

Answers
B.

It guides the courts on the severity of the consequences for those who are convicted of the intentional misuse of personal data.

C.

It sets the standard for the level of detail a controller must record when documenting the purpose for collecting personal data.

Answers
C.

It sets the standard for the level of detail a controller must record when documenting the purpose for collecting personal data.

D.

It indicates the degree of flexibility a controller has in using personal data in ways that may vary from its original intended purpose.

Answers
D.

It indicates the degree of flexibility a controller has in using personal data in ways that may vary from its original intended purpose.

Suggested answer: D

Explanation:

The purpose limitation principle requires that personal data be collected for specified, explicit and legitimate purposes and not be further processed in a manner that is incompatible with those purposes. However, the GDPR does not provide a clear definition of what constitutes an incompatible purpose. Instead, it leaves room for interpretation by the member states, taking into account the context and circumstances of the processing. This means that the degree of flexibility a controller has in using personal data for a new purpose may vary depending on the member state's law and guidance. Some factors that may affect the compatibility assessment include the link between the original and the new purpose, the expectations of the data subject, the nature of the data, the impact of the further processing, and the safeguards applied by the controller.Reference:

GDPR Article 5(1)(b), which states the purpose limitation principle.

GDPR Article 6(4), which lists the criteria for assessing the compatibility of a new purpose.

ICO guidance, which explains the purpose limitation principle and provides examples of compatible and incompatible purposes.

[EDPB guidelines], which provide further guidance on the application of the purpose limitation principle.

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asked 22/11/2024
Tim Wersinger
42 questions
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