BCS PDP9 Exam Dumps

Article 29 of UK GDPR states that the processor and any person acting under the authority of the controller or of the processor, who has access to personal data, shall not process those data except on instructions from the controller, unless required to do so by domestic law. This means that the processor must follow the controller's directions on how to handle the personal data, and cannot use it for its own purposes or deviate from the agreed terms. The only exception is when the processor is obliged by law to process the data in a different way, for example, to comply with a court order or a legal obligation. The other options are not related to Article 29, but to other articles of UK GDPR, such as Article 25 (data protection by design and by default), Article 30 (records of processing activities), and Article 36 (prior consultation).Reference:

Article 29 of UK GDPR1

ICO guidance on controllers and processors2

Article 5(2) of the GDPR introduces the principle of accountability, which requires that the controller is responsible for, and be able to demonstrate compliance with, the data protection principles set out in Article 5(1). These principles are: lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality; and data protection by design and by default. The controller must implement appropriate technical and organisational measures to ensure and demonstrate compliance, such as policies, procedures, records, audits, reviews, and DPIAs. The controller must also cooperate with the supervisory authority and provide any information requested by it. The other options are not the basis of the accountability and data governance obligation, although they may be related to other obligations under the GDPR.Reference:

Article 5(2) of the GDPR3

ICO guidance on accountability and governance4

The right to a private life is a fundamental human right that is protected by law in the UK. Article 8 of the European Convention on Human Rights (ECHR), which is incorporated into UK law by the Human Rights Act 1998, states that ''Everyone has the right to respect for his private and family life, his home and his correspondence''. This right applies to all individuals, regardless of their status, profession, or public exposure. The right to a private life covers aspects such as personal identity, personal relationships, physical and mental well-being, personal data, and correspondence. However, this right is not absolute and can be limited or interfered with by the state or other parties in certain circumstances, such as for the protection of national security, public safety, health, morals, or the rights and freedoms of others.Reference:

Article 8 of the ECHR1

Human Rights Act 19982

ICO Guide to Data Protection3

Providing the controller with corporate information relating to its board members is not a processor obligation under the GDPR. The processor obligations under the GDPR are mainly the following:

To process the personal data only on documented instructions from the controller, unless required by law;

To ensure that persons authorised to process the personal data are bound by confidentiality;

To implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk;

To not engage another processor without the prior authorisation of the controller;

To assist the controller in fulfilling its obligations regarding data subject rights, data protection impact assessments, prior consultations, and data breach notifications;

To delete or return the personal data to the controller at the end of the service, unless required by law to store the data;

To make available to the controller all information necessary to demonstrate compliance and allow for audits and inspections.Reference:

Article 28 of the GDPR1

Guidelines 07/2020 on the concepts of controller and processor in the GDPR2, pp. 37-41

The Privacy and Electronic Communications Regulations (PECR) are a set of rules that regulate the use of electronic communications for marketing purposes, such as phone calls, texts, emails and faxes. One of the rules is that organisations must not make unsolicited marketing calls to individuals who have registered their numbers with the Telephone Preference Service (TPS), unless they have given their prior consent to receive such calls from that organisation. The TPS is a free service that allows individuals to opt out of receiving any marketing calls. It is a legal requirement for organisations to check the TPS before making any marketing calls and to respect the preferences of the individuals registered on it. If an organisation fails to comply with this rule, it may face enforcement action from the Information Commissioner's Office (ICO), which is the UK's data protection authority and the regulator of PECR.Reference:

Telephone Preference Service

Marketing calls

Enforcement action