BCS PDP9 Exam Dumps

Article 30 of the UK GDPR3requires both controllers and processors to maintain records of their processing activities, unless they are exempted under certain conditions. The records must contain the following information, among others:

the name and contact details of the controller or the processor, and of any joint controller, representative or data protection officer;

the purposes of the processing;

the categories of data subjects and personal data;

the categories of recipients to whom the personal data have been or will be disclosed, including recipients in third countries or international organisations;

where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and the documentation of suitable safeguards;

where possible, the envisaged time limits for erasure of the different categories of data;

where possible, a general description of the technical and organisational security measures.

The records must be in writing, including in electronic form, and must be made available to the ICO on request. The records do not need to contain contact details of the supervisory authority, as this is not specified in Article 30. Nor do they need to be submitted to the ICO following every DPIA, as this is not required by Article 35, which only obliges the controller to consult the ICO prior to the processing if the DPIA indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk.Reference:

Article 30 of the UK GDPR3

Article 35 of the UK GDPR4

A personal data breach is defined in Article 4(12) of the UK GDPR as ''a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed''. Personal data means any information relating to an identified or identifiable natural person, such as a name, an identification number, location data, an online identifier or factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Therefore, a personal data breach only occurs when the security incident affects personal data, not any other type of information. In this case, the accidental deletion of an organisation's information security policy from the public facing website would not be a personal data breach, as the policy does not contain any personal data. However, the other scenarios would be considered personal data breaches, as they involve the loss, alteration, destruction or unauthorised access to personal data of customers, employees or students.Reference:

UK GDPR, Article 4(12)1

UK GDPR, Article 4(1)2

ICO Guide to Data Protection, Personal Data Breaches3

Under Article 37 of the UK GDPR, a public authority or a public body must appoint a data protection officer (DPO) unless it is a court acting in its judicial capacity. This is the only exception for public authorities or bodies from the obligation to appoint a DPO. The other circumstances listed in the question, such as processing a large amount of personal data, processing special category data, or being defined as a public body in the Data Protection Act 2018, do not exempt a public authority or a public body from appointing a DPO.Reference:

Article 37 of the UK GDPR2

Data protection officers | ICO2

The definitions of ''public authority'' and ''public body'' for the purposes of the UK GDPR and the Data Protection Act 2018 are found in the Freedom of Information Act 2000 and the Data Protection Act 2018 respectively. Section 7 of the Data Protection Act 2018 provides that a public authority or a public body is one that is listed in Schedule 1 to the Freedom of Information Act 2000, or is designated by an order under section 5 of that Act. However, a court or tribunal acting in its judicial capacity is not considered a public authority or a public body under the Data Protection Act 2018.Reference:

Section 7 of the Data Protection Act 20181

Schedule 1 to the Freedom of Information Act 2000

A DPIA is a process to help identify and minimise the data protection risks of a project that is likely to result in a high risk to individuals.A DPIA must include the following elements, according to Article 35(7) of the UK GDPR1:

a description of the processing, including its purposes and legal basis;

an assessment of the necessity and proportionality of the processing in relation to its purposes;

an assessment of the risks to the rights and freedoms of individuals; and

the measures envisaged to address the risks and demonstrate compliance with the UK GDPR.

There is no requirement to publish any potential risks in the information notice, which is a document that provides individuals with information about how their personal data is processed, as required by Article 13 and 14 of the UK GDPR2. However, it may be good practice to do so, as well as to consult with individuals or their representatives, where appropriate, as part of the DPIA process. This can help to enhance transparency, trust and accountability, and to identify any additional risks or concerns from the perspective of the data subjects.Reference:

Article 35(7) of the UK GDPR1

Article 13 and 14 of the UK GDPR2