Certified Information Privacy Professional CIPP-E IAPP Study Notes

 According to the CIPP/E study guide, the Data Protection Law Enforcement Directive (LED) is a piece of EU legislation that ensures the protection of personal data of individuals involved in criminal proceedings, be it as witnesses, victims or suspects1. The LED applies to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties2. Article 4 of the LED sets out the principles relating to the processing of personal data, which include lawfulness, fairness, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality3. Article 4 (1) (e) of the LED states that personal data shall be processed lawfully, where processing is necessary for the performance of a task carried out by a competent authority for the purposes of the LED, and where processing is based on Union or Member State law which shall meet an objective of general interest, respect the essence of the right to the protection of personal data and be proportionate to the legitimate aim pursued3. Therefore, a government can carry out covert investigations involving personal data, as long as it is set forth by law and constitutes a measure that is both necessary and proportionate to the objective of general interest, such as the prevention or prosecution of criminal offences. References: 1: CIPP/E study guide, page 1; Data protection in law enforcement2: CIPP/E study guide, page 2; Art. 2 LED3: CIPP/E study guide, page 3; Art. 4 LED.

An adequacy decision is a decision adopted by the European Commission, which determines that a third country, a territory or one or more specified sectors within a third country, or an international organisation ensures an adequate level of protection of personal data1. This means that the third country or organisation provides a level of protection that is essentially equivalent to that guaranteed within the European Union (EU), taking into account its domestic law and international commitments, as well as the respect for the rule of law, human rights and fundamental freedoms, relevant legislation, and the existence and effective functioning of independent supervisory authorities1. An adequacy decision is one of the transfer tools that can be used to transfer personal data to a third country or organisation without requiring any further authorisation1. However, an adequacy decision is not permanent and can be amended, suspended or repealed by the Commission at any time, if the conditions are no longer met1. Therefore, according to the recommendations of the European Data Protection Board (EDPB), the additional action that should be taken when a transfer to a third country is based upon an adequacy decision is to monitor changes in the law or practice of the third country that would lower the level of protection of personal data2. This means that the data exporter should stay informed of any developments in the third country or organisation that could affect the validity of the adequacy decision, and take appropriate measures if the level of protection is no longer adequate2. The data exporter should also cooperate with the competent supervisory authority and inform it of any issues that may affect the compliance with the adequacy decision2. Therefore, option D is the correct answer. References: Art. 45 GDPR – Transfers on the basis of an adequacy decision, Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data

 According to Article 13 of the GDPR, when personal data are collected from the data subject, the data controller must provide the data subject with the following information, among others1:

• The identity and the contact details of the controller and, where applicable, of the controller’s representative;
• The contact details of the data protection officer, where applicable;
• The purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
• The recipients or categories of recipients of the personal data, if any;
• Where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available.

In the scenario, Wonderkids provides some of this information in their Privacy Statement, but not all. They do not specify the categories of recipients with whom they will share the personal data of their customers and their children. They only state that they will share the data with businesses that they see as adding real value to the customers, which is vague and ambiguous. This does not comply with the GDPR requirement to inform the data subjects about the recipients or categories of recipients of their personal data, if any. Therefore, Wonderkids must provide this additional information in their Privacy Statement.

References:

• 1: Art. 13 GDPR Information to be provided where personal data are collected from the data subject