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Question 139 - CIPP-E discussion

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Article 9 of the GDPR lists exceptions to the general prohibition against processing biometric data. Which of the following is NOT one of these exceptions?

A.

The processing is done by a non-profit organization and the results are disclosed outside the organization.

Answers
A.

The processing is done by a non-profit organization and the results are disclosed outside the organization.

B.

The processing is necessary to protect the vital interests of the data subject when he or she is incapable of giving consent.

Answers
B.

The processing is necessary to protect the vital interests of the data subject when he or she is incapable of giving consent.

C.

The processing is necessary for the establishment, exercise or defense of legal claims when courts are acting in a judicial capacity.

Answers
C.

The processing is necessary for the establishment, exercise or defense of legal claims when courts are acting in a judicial capacity.

D.

The processing is explicitly consented to by the data subject and he or she is allowed by Union or Member State law to lift the prohibition.

Answers
D.

The processing is explicitly consented to by the data subject and he or she is allowed by Union or Member State law to lift the prohibition.

Suggested answer: A

Explanation:

Article 9 of the GDPR prohibits the processing of special category data, which includes biometric data for the purpose of uniquely identifying a natural person1.However, there are 10 exceptions to this general prohibition, usually referred to as 'conditions for processing special category data'2. These are:

(a) Explicit consent

(b) Employment, social security and social protection (if authorised by law)

Vital interests

(d) Not-for-profit bodies

(e) Made public by the data subject

(f) Legal claims and judicial acts

(g) Substantial public interest conditions

(h) Health or social care

(i) Public health

(j) Archiving, research and statistics

Option A is not one of these exceptions, and therefore it is not a valid reason to process biometric data under Article 9. Option B, C and D are all valid exceptions, as they correspond to conditions , (f) and (a) respectively. Therefore, the correct answer is A.

4: Art. 9 GDPR Processing of special categories of personal data

6: What are the rules on special category data? | ICO

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asked 22/11/2024
Malik Khabir
34 questions
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