Exin PDPF Questions Answers

As stated in the statement, Article 9 concerns the treatment of special categories of personal data, also called sensitive data.

This is a type of question that is often asked by EXIN. Important to remember which types of data are categorized as sensitive.

Article 9: Processing of special categories of personal data

1. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.

Examples of sensitive data: Race, skin color, family tree, political party, political party affiliation, religious beliefs, illness, test results, digital, facial recognition and sexual preference. These are just a few examples.

Verify that the processor has sufficient security guarantees that are essential for the Controller to remain in

compliance with the GDPR. Remember that the responsibility is always of the controller who must take care of the data of the data subjects that have been entrusted to him.

Recital 81 mentions the following:

(81) To ensure compliance with the requirements of this Regulation in respect of the processing to be carried out by the processor on behalf of the controller, when entrusting a processor with processing activities, the controller should use only processors providing sufficient guarantees, in particular in terms of expert knowledge, reliability and resources, to implement technical and organizational measures which will meet the requirements of this Regulation, including for the security of processing. The adherence of the processor to an approved code of conduct or an approved certification mechanism may be used as an element to demonstrate compliance with the obligations of the controller.

Anonymized data is not under the scope of the GDPR, nor are data from deceased persons. Organizations that handle only this type of data do not need to conform to the GDPR.

Anonymized data reads data that is not possible to reverse in order to identify the data subject. There is also pseudonymized data, in which case it is possible to perform the reversal and identify the data holder.

Personal data are collected for specified, explicit and legitimate purposes and not further processed. Incorrect. The local government is entitled to collect data on the number of cars present.

Personal data are kept in a form permitting identification of data subjects for no longer than is necessary. Correct. In the given scenario, there is no need to retain the data of a specific car identifying the owner once it has left the area (Literature: A, Chapter 2; GDPR Article 5)

Personal data are processed in a manner that ensures appropriate security of the personal data. Incorrect. The scenario does not suggest inappropriate security.

Personal data are processed in a transparent manner in relation to the data subject. Incorrect. The processing is taking place transparently, since it is communicated properly to the data subjects.