Data Protection/GDPR Flashcards

1
Q

What does GDPR stand for?

A

General Data Protection Reulation

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2
Q

What 2 protection Acts did the GDPR replace?

A

Data Protection Act (1988)
Data Protection Amendment Act (2003)
It protects your digital reputation

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3
Q

What is the focus of Data Privacy Day (28th January)

A

It is the international effort to create awareness about the importance of respecting privacy, safeguarding data and enabling trust

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4
Q

What does the Data Protection Commission carry out?

A

Surveys and consults widely

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5
Q

What are examples of unsolicited direct marketing

A

Phone calls
Texts
Emails
Postal communications

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6
Q

What has begun to interest people

A

Right of access to records held by employers

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7
Q

What are the top 3 most important matters relating to privacy

A

Medical records
Financial history
Credit card numbers

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8
Q

What % of people indicated that they would make a complaint about the invasion of their privacy to the Gardaí

A

30%

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9
Q

What % of people indicated that they would make a complaint about the invasion of their privacy to the Data Protection Commissioners Office

A

19%

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10
Q

What is Data Privacy

A

Protects living individuals who have data about them stored on computers, or in structured manual files. This covers all electronic and paper records

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11
Q

Who does GDPR apply to

A

All countries in the EU

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12
Q

When is it legal to process data

A
  1. By consent
  2. To carry out a contract
  3. In order for an organization to meet a legal obligation
  4. Where processing the personal data is necessary to protect the vital interests of a person
  5. Where processing the personal data is necessary for the performance of a task carried out in the public interest
  6. In legitimate interests of an organization
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13
Q

Limits to data processing

A
  1. Lawfulness, fairness and transparency
  2. Purpose Limitation
  3. Data minimization
  4. Accuracy
  5. Storage limitation
  6. Integrity and confidentiality
  7. Accountability
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14
Q

What data is considered particularly sensitive and has additional protection under GDPR

A

Racial or ethnic origin
Physical or mental health
Political opinions
Sexual life or sexual orientation
Religious or philosophical beliefs

Genetic data and biometric data
Trade union membership

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15
Q

Define personal data

A

It is information which refers to any living individual who is either identified or identifiable

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16
Q

Define data subject

A

It is the individual to whom the personal data refers to

17
Q

Define data controller

A

It is a person, company or other body which decides the purposes and methods of processing personal data

18
Q

Define data processor

A

It is a person, company or other body which processes personal data on behalf of a data controller

19
Q

Data protection confers rights on data subjects such as…

A

Rights to be informed if, how, why and for how long your data is being processed

Right of access to be given a copy of information held within a month for no cost

Right to have your data corrected or supplemented if it is incorrect or incomplete

Right to have data erased when its use is over

Right to limit/restrict/object to the processing of your data

Right to complain to the data protection commissioner

To object to automated decision making right to claim compensation

20
Q

What is the difference between data protection acts and GDPR

A

The need for organizations to demonstrate a pro-active data protection policy about fair obtaining and purpose specification

21
Q

Define fair obtaining

A

To obtain personal information fairly and openly, disclosing the identity of the data controller and the uses of the data

22
Q

Define purpose specification

A

Both the organization and the data subjects must be clear about the purposes for the data

23
Q

Other obligations require adequate care, and clear policies about…

A

Use and disclosure of information

Security

Retention time

Ensuring that data is; accurate and up-to-date, adequate, relevant and not excessive

24
Q

What do use and disclosure of information, security, retention time all require

A

Training and education

Co-ordination and compliance

Specific policies to cover areas such as;
Access requests
Data breaches

Registration with the DPC

25
Q

What does the data protection commissioner do

A

Examines complaints

Conducts investigations and takes action

Can conduct privacy audits - “dawn raids”

Promotes compliance through guidance and “codes of good practice”

Check application for registration

Promotes public awareness of data protection

Makes an annual report to the Oireachtas which includes a selection of case studies

26
Q

How do organizations comply with the Act

A

They should complete a data protection impact assessment answering:

Why are you holding it?

How did you get it?

Why was it originally gathered?

How long will you retain it?

How secure is it, both in terms of encryption and accessibility?

Do you ever share it with third parties and on what basis might you do so?