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Question 158 - CIPP-E discussion

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An organization conducts body temperature checks as a part of COVID-19 monitoring. Body temperature is measured manually and is not followed by registration, documentation or other processing of an individual's personal data.

Which of the following best explain why this practice would NOT be subject to the GDPR?

A.

Body temperature is not considered personal data.

Answers
A.

Body temperature is not considered personal data.

B.

The practice does not involve completion by automated means.

Answers
B.

The practice does not involve completion by automated means.

C.

Body temperature is considered pseudonymous data.

Answers
C.

Body temperature is considered pseudonymous data.

D.

The practice is for the purpose of alleviating extreme risks to public health.

Answers
D.

The practice is for the purpose of alleviating extreme risks to public health.

Suggested answer: B

Explanation:

According to the GDPR, personal data means any information relating to an identified or identifiable natural person1.Body temperature is a type of personal data that can reveal information about an individual's health and therefore constitutes special category data under Article 9 of the GDPR2. However, not every activity involving personal data falls within the scope of the GDPR.The GDPR applies only to the processing of personal data wholly or partly by automated means or to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system3.

In this scenario, the organization conducts body temperature checks as a part of COVID-19 monitoring. Body temperature is measured manually and is not followed by registration, documentation or other processing of an individual's personal data. This means that the organization does not use any automated means to collect, store, or process the body temperature data, nor does it create or intend to create a filing system that contains such data. Therefore, this practice does not involve any processing of personal data within the meaning of the GDPR and is not subject to its rules and obligations.

The other options are incorrect because:

A)Body temperature is considered personal data, as it can be linked to an identifiable natural person and reveal information about their health2.

C)Body temperature is not considered pseudonymous data, as it is not processed in a way that the data can no longer be attributed to a specific data subject without the use of additional information4.

D)The practice is not for the purpose of alleviating extreme risks to public health, as it is not based on any legal obligation, public interest, or vital interest that would justify the processing of special category data under Article 9 of the GDPR5.

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asked 22/11/2024
Kayode Omotosho
40 questions
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