CIPP/E - Supervision and Enforcement - Chapter 13 2023/2024 already passed

CIPP/E - Supervision and Enforcement - Chapter 13To be effective, a regulatory system must have the ability to hold these individual and organizations accountable. Any regulation is only as good as the means by which it is supervised and enforced. - correct answers What makes a regulatory system effective and efficient? The model of optimum regulatory efficiency does not only lie in the hands of the regulator but also vests power in the courts, the markets, in the self-regulatory schemes and, of course, the citizens. - correct answers What does the model of optimum regulatory efficiency look like? Self-regulation is most effective due to the fact that controllers and processors directly control application of appropriate processes, procedures and measures to protect data. From a first principles basis, regulatory laws should require the regulated entity to supervise itself and enforce the need for appropriate measures to achieve the required policy objectives. - correct answers Why is self-regulation so effective? GDPR promotes 'self-regulation' in the following ways: 1) Article 5(2) the introduction of accountability, which places a positive obligation on the controller to be demonstrate compliance 2) Articles 37 to 29: the introduction of requirements for data protection officers 3) Articles 40 to 43: through heightened focus on codes of conduct and certification schemes and marks 4) Article 28 : controllers having regulatory functions over their processors and processors must regulate their sub-processors. - correct answers How does GDPR advance the concept of 'self-regulation'? Accountability from Article 5(2) notably has a few components in the context of self-regulation, which are: 1) The focus on demonstrable proof of compliance should cause the controller to look critically at its data processing activities through performance testing and similar exercises and make it adjust and refine its acitivities as need requires in order to achieve good data protection 2) Controllers' relationship with processors are governed by Article 28, which creates relationship of supervision and enforcement. 3) Articles 33 and 34 require notification of personal data breaches to the DPAs in all cases where a risk to rights and freedoms is likely and to individuals affected in serious cases. 4) Article 35 requires controllers to perform data protection impact assessments (DPIAs), where processing 'is likely to result in a high risk to the freedoms of individuals. - correct answers How does 'self-regulation' help create accountability by requiring the delivery of demonstrable compliance through risk management? The GDPR sets the role of the DPO in a clear supervisory and enforcement position in the organisations where they are employed or engaged. - correct answers With regard to self-regulation how should the role of the DPO be viewed.? GDPR Articles 40 -43 create a framework of self-regulation by way of codes of conduct and data protection certification mechanisms such as seals and marks. Article 40 encourages representatives bodies for controllers and processors, like industry associations, to create codes of conduct on any aspect of data protection compliance. - correct answers How are codes of conduct, seals and marks associated with 'self-regulation'? The Regulation creates many rights for the individuals, which they can use to protect themselves from bad practice and unfair actions of controllers and to supervise and enforce compliance. These rights are: 1) Right of transparency (Article 13 and 14) 2) right of access to data (Article 15) 3) right of rectification (Article 16) 4) right of erasure (Article 17) 5) right of restriction of processing (Article 18) 6) right to data portability (Article 20) 7) right to object (Article 21 and 22) 8) if dissatisfied with their ability to exercise these rights, individuals can pursue both administrative and judicial remedies. - correct answers How is the controller regulated through the use of data subject rights? If individuals have complaints about noncompliance, they can take them to the DPA or to the courts, regardless of whether they have used the data subjects rights or made prior compliant to the controller. - correct answers What are the remedies for breach of obligations?