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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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Question 216 - 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 the required access.

How should the company respond to Jack's request to be forgotten?

A.

The company should not erase the data at this time as it may be required to defend a legal claim of unfair dismissal.

Answers
A.

The company should not erase the data at this time as it may be required to defend a legal claim of unfair dismissal.

B.

The company should erase all data relating to Jack without undue delay as the right to be forgotten is an absolute right.

Answers
B.

The company should erase all data relating to Jack without undue delay as the right to be forgotten is an absolute right.

C.

The company should claim that the right to be forgotten is not applicable to them, as only a fraction of their global workforce resides in the European Union.

Answers
C.

The company should claim that the right to be forgotten is not applicable to them, as only a fraction of their global workforce resides in the European Union.

D.

The company should ensure that the information is stored outside of the European Union so that the right to be forgotten under the GDPR does not apply.

Answers
D.

The company should ensure that the information is stored outside of the European Union so that the right to be forgotten under the GDPR does not apply.

Suggested answer: A

Explanation:

According to the GDPR, the right to be forgotten, also known as the right to erasure, is not an absolute right and only applies in certain circumstances1.One of the exceptions to this right is when the processing of personal data is necessary for the establishment, exercise or defence of legal claims2. In this scenario, the company may need to retain the personal data of Jack, such as his employment records, performance reviews, and internal emails, in order to defend itself against a possible legal action of unfair dismissal. Therefore, the company should not erase the data at this time, unless it is confident that it has no legal basis to keep it.The company should also inform Jack of the reasons for not complying with his request and of his right to lodge a complaint with a supervisory authority or a judicial remedy3.Reference:1: Everything you need to know about the "Right to be forgotten''2: Article 17(3)(e) of the GDPR3: Article 12(4) of the GDPR.

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asked 22/11/2024
Zied Nassr
34 questions
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