IAPP Updated CIPP-E Exam Questions and Answers by usman

According to Article 32 of the GDPR, the controller and the processor must implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk of the processing1. The GDPR does not prescribe specific security measures, but rather provides a list of factors to consider when determining the appropriate level of security, such as:

• The state of the art and the costs of implementation;
• The nature, scope, context and purposes of processing;
• The risk of varying likelihood and severity for the rights and freedoms of natural persons.

Therefore, the level of security required by the GDPR is not absolute, but relative to the specific circumstances of each processing activity. The GDPR also encourages the use of codes of conduct and certification mechanisms to demonstrate compliance with the security requirements1.

In the scenario, Natural Insight is a processor who receives customer information from BHealthy, a controller, for the purpose of providing pricing services. Natural Insight has a contractual obligation to implement technical and organisational measures to ensure the security of the data, as well as to comply with the GDPR. Natural Insight’s security obligations are not limited to the measures assessed by BHealthy prior to entering into the contract, nor to the level of security that a reasonable data subject would expect. Rather, Natural Insight must take into account the industry practices for protecting customer contact information and purchase history, as well as the potential risks that may arise from the processing, such as data breaches, identity theft, fraud, or discrimination. Natural Insight must also keep up with the state of the art and the costs of implementation, and adjust its security measures accordingly.

References:

• 4: Art. 32 GDPR Security of processing

One of the main reasons why the CJEU invalidated the Privacy Shield was that it found that the US surveillance programs were not limited to what is strictly necessary and proportionate, as required by the EU law. The CJEU also criticized the lack of effective judicial remedies for EU data subjects whose data was accessed by US authorities. The Trans-Atlantic Data Privacy Framework is intended to address these issues by introducing new safeguards to ensure that signals intelligence activities are necessary and proportionate in the pursuit of defined national security objectives, and by creating a new mechanism for EU individuals to seek redress if they believe they are unlawfully targeted by signals intelligence activities. The Framework also enhances the oversight and transparency of US surveillance practices.

References: EU–US Data Privacy Framework - Wikipedia; FACT SHEET: United States and European Commission Announce Trans-Atlantic Data Privacy Framework | The White House; United States and European Commission Joint Statement on Trans-Atlantic Data Privacy Framework; European Commission and United States Joint Statement on Trans-Atlantic Data Privacy Framework; A practical approach to the new Trans-Atlantic Data Privacy Framework.

The right to data portability only applies when the processing is based on the data subject’s consent or on a contract with the data subject12. Therefore, if the processing is necessary for a task carried out in the public interest or in the exercise of official authority vested in the controller, the right to data portability does not apply12. This is because the data subject does not have a direct influence on the purpose or the means of the processing in such cases3. References: 1: Article 20 of the GDPR 2: Right to data portability | ICO 3: The right to data portability (Article 20 of the GDPR)