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Question 214 - CIPP-E discussion

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SCENARIO

Please use the following to answer the next question:

Jack worked as a Pharmacovigiliance Operations Specialist in the Irish office of a multinational pharmaceutical company on a clinical trial related to COVID-19. As part of his onboarding process Jack received privacy training He was explicitly informed that while he would need to process confidential patient data in the course of his work, he may under no circumstances use this data for anything other than the performance of work-related (asks This was also specified in the privacy policy, which Jack signed upon conclusion of the training.

After several months of employment, Jack got into an argument with a patient over the phone. Out of anger he later posted the patient's name and hearth information, along with disparaging comments, on a social media website. When this was discovered by his Pharmacovigilance supervisors. Jack was immediately dismissed

Jack's lawyer sent a letter to the company stating that dismissal was a disproportionate sanction, and that if Jack was not reinstated within 14 days his firm would have no alternative but to commence legal proceedings against the company. This letter was accompanied by a data access request from Jack requesting a copy of 'all personal data, including internal emails that were sent/received by Jack or where Jack is directly or indirectly identifiable from the contents In relation to the emails Jack listed six members of the management team whose inboxes he required access.

The company conducted an initial search of its IT systems, which returned a large amount of information They then contacted Jack, requesting that he be more specific regarding what information he required, so that they could carry out a targeted search Jack responded by stating that he would not narrow the scope of the information requester.

Under Article 82 of the GDPR ('Right to compensation and liability-), which party is liable for the damage caused by the data breach?

A.

Both parties are exempt, as the company is involved in human health research

Answers
A.

Both parties are exempt, as the company is involved in human health research

B.

Jack and the pharmaceutical company are jointly liable.

Answers
B.

Jack and the pharmaceutical company are jointly liable.

C.

The pharmaceutical company is liable.

Answers
C.

The pharmaceutical company is liable.

D.

Jack is liable

Answers
D.

Jack is liable

Suggested answer: D

Explanation:

Article 82 of the GDPR introduces a right to compensation for damage caused as a result of an infringement of the GDPR1.Article 82 (1) states that any person who has suffered material or non-material damage as a result of an infringement of the GDPR shall have the right to receive compensation from the controller or processor for the damage suffered1.Article 82 (2) states that any controller involved in processing shall be liable for the damage caused by processing which infringes the GDPR1.A processor shall be liable for the damage caused by processing only where it has not complied with obligations of the GDPR specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller1.Article 82 (3) states that a controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage1. In this case, Jack is liable for the damage caused by the data breach, as he violated the GDPR by posting the patient's name and health information, along with disparaging comments, on a social media website.This constitutes an infringement of the GDPR, as it violates the principles of lawfulness, fairness, and transparency (Article 5 (1) (a)), purpose limitation (Article 5 (1) (b)), data minimisation (Article 5 (1) ), accuracy (Article 5 (1) (d)), integrity and confidentiality (Article 5 (1) (f)), and the rights of the data subject (Articles 12-23)1. The pharmaceutical company is not liable for the damage caused by the data breach, as it can prove that it is not in any way responsible for the event giving rise to the damage. The company provided privacy training to Jack, informed him of the privacy policy, obtained his consent, and dismissed him as soon as the breach was discovered.Therefore, the company complied with the obligations of the GDPR, such as the accountability principle (Article 5 (2)), the data protection by design and by default principle (Article 25), the security of processing principle (Article 32), and the notification of a personal data breach to the supervisory authority principle (Article 33)1. Therefore, option D is the correct answer.Reference:Art. 82 GDPR -- Right to compensation and liability,Article 82 GDPR - GDPRhub

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asked 22/11/2024
Avinash Jindal
38 questions
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