GDPR and AI discrimination Flashcards
What are the 7 overarching principles of the GDPR?
- Lawfulness, fairness & transparency
- Purpose limitation
- data minimisation
- accuracy
- storage limitation
- integrity and confidentiality
- accountability
What is the advantage of the omnibus approach of the GDPR, (as soon as data is processed)?
There is no need for a new law for every new technology as it is dependent on data processing.
What is the disadvantage of the omnibus approach of the GDPR?
Rules must be quite general and abstract
Is consent always required for data processing?
No, not always.
What are the 6 legal bases for data processing under the GDPR?
- Consent
- Contract
- Legal obligation for controller
- Vital interests of data subject or other person
- Task in the public interest
- legitimate interests that override data subject’s interests
What cannot be done by a controller to ask for consent?
- Hide a consent request in terms & conditions
- Interpret silence/lack of action of the data subject as consent
- Use an opt-out system to obtain consent
What is a legitimate interest provision/balacning provision exception to the data collection in the GDPR?
- Pizza delivery service keeps customer address for 3 months, to enable better service next time & sends customer new menu by post.
- owner of an online forum stores IP addresses fo banned trouble makers, to block access
Given a legitimate interest provision what right does the data subject have?
The data subject has the right to object, ‘on grounds relating to his or her particular situation’
- in the case of marketing the data subject has the absolute right to object or opt-out
how do cookies work under the GDPR?
Storing or accessing information on a user’s device is only allowed after the individual’s consent.
Exception: storing (etc.) is necessary for service requested by user, or for transmitting communication
