Privacy, Data Protection and the GDPR Flashcards
When is there an exception to the right to privacy?
When in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, etc.
Are telephone conversations protected under the right to privacy?
Yes, although they are not expressly mentioned they are covered by the notions of ‘private life’
Why is the independence of Data Protection Authorities important?
Because data protection applies to both the public and private sector, and therefore must also enforce rules against state bodies
What are recitals in EU legal acts?
Recitals help interpret the provisions, however they are not binding
What was different with the GDPR from the Data directive (1995)?
- The GDPR can impose huge fines, up to 20M euro or 4% of worldwide turnover
- the GDPR is a regulation so it applies directly to the whole EU instead of having to be implemented nationally.
To what does the GDPR apply?
The GDPR is applied to the processing of personal data
What is personal data?
Personal data is any information relating to an identified or identifiable natural person,
an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifief.
Is an IP address personal data?
yes, as it can usually be traced back to a certain household.
Where does the GDPR not apply when processing data?
- Outside the scope of EU law > Secret services
- Household activity > caontact list in your phone
What is the territorial scope of the GDPR?
- Controllers established in the EU
- Controllers outside the EU, when processing is related to:
i. offering services to data subjects in the EU; or -> Aliexpress
ii. monitoring of their behaviour as far as their behaviour takes place within the Union -> advertising cookies from outside the EU to EU subjects
