GDPR Flashcards

1
Q

What is the definition of personal data?

A

Any information relating to an identified or identifiable natural person

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2
Q

What are the six principles for data processing?

A
  1. Lawfulness, Fairness, Transparency
  2. Purpose limitation
  3. Data minimalisation
  4. Accuracy
  5. Storage limitation
  6. Integrity and Confidentiality
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3
Q

How does a data controller make the data lawful, transparent, and fair?

A

Shall be process lawfully, fairly and in a transparent manner in relation to the data subject

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4
Q

How does a data controller make the data purpose limited?

A

Shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes

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5
Q

How does a data controller make the data minimal?

A

Shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed

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6
Q

How does a data controller make the data accurate?

A

Shall be accurate and, where necessary, kept up to data; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay.

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7
Q

How does a data controller make the data storage limited?

A

Shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes which the personal data are processed

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8
Q

How does a data controller make the data confidential?

A

Shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures

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9
Q

In what six situations is processing of personal data allowed?

A
  1. Consent
  2. Necessity for contract
  3. Legal obligation
  4. Vital interest of a natural person
  5. Necessary for performance of public task
  6. Legitimate interests of the controller
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10
Q

What are the special categories of data that are prohibited from being processed?

A

Racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, data concerning a natural person’s sex life or sexual orientations

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11
Q

What are the eight rights of the data subject?

A

Right to…
1. Information
2. Rectification
3. Erasure/be forgotten
4. Data portability
5. Object
6. Not be subjected to completely automated decision-making
7. Lodge a complaint
8. Judicial remedies

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12
Q

What is the right to transparent information?

A

The data controller shall provide easily accessible and clear information to the data subject and shall ensure the data subject can exercise their data subject rights

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13
Q

What is the right to rectification?

A

The right to rectify any incorrect or incomplete information

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14
Q

What is the right to erasure?

A

The right to have personal data erased if there is no longer a legal basis for the data to be in the hands of the processor

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15
Q

What is the right to data portability?

A

The right to receive their personal data which they have provided and the right to then transmit that data to another controller (i.e. moving health records to another country)

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16
Q

What is the right to object?

A

The right to object to data processing

17
Q

What is the right to automated decision-making and profiling?

A

The right to not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly affects him or her. They also have the right to speak to a human

18
Q

What is the right to lodge a complaint?

A

The right to lodge a complaint with the supervisory authority

19
Q

What is the right to judicial remedy?

A

The right to go to a judge in the member state if the data subject disagrees with the supervisory authority’s decision

20
Q

What method should be used to answer legal questions?

A

IRAC method

Issues - what is the legal issue under consideration?
Rule - Consider the relevant legal rule
Analysis/application - determine how the rule applies in this situation
Conclusion - provided your answer to the legal question