According to the GDPR, one of the legal bases for transferring personal data to a third country or an international organization is when the transfer is necessary for the protection of the vital interests of the data subject or of another person, where the data subject is physically or legally incapable of giving consent (Article 49(1)©). This exception applies only in very limited and exceptional situations, such as life-threatening medical emergencies. In this scenario, ProStorage most likely relied on this legal basis to transfer Ruth’s medical information to the hospital in India, where she suffered a medical emergency and was hospitalized. Ruth was presumably unable to give her consent due to her health condition, and the transfer of her medical information was necessary to protect her vital interests, such as her life or health. Therefore, this transfer mechanism was more appropriate than the other options, which either require consent or are not relevant to the situation.

The EU Artificial Intelligence Act (AI Act) is a proposed regulation that aims to establish harmonised rules on the development and use of artificial intelligence in the EU. The AI Act classifies AI systems according to their level of risk and imposes various requirements and obligations on providers and users of such systems. The AI Act also provides for the enforcement of its rules by national competent authorities and the European Commission. According to Article 71 of the AI Act, the sanctions for non-compliance with the AI Act depend on the type and severity of the infringement. The maximum fine for the most serious infringements, such as placing on the market or putting into service prohibited AI systems, or failing to comply with the data and data governance requirements for high-risk AI systems, is the higher of up to 30 million Euro or up to 6% of the total worldwide annual turnover of the preceding financial year of the legal entity concerned. This is the same level of fine as for the most serious infringements of the General Data Protection Regulation (GDPR).

According to the  Free CIPP/E Study Guide , page 12, “the GDPR requires data controllers to implement appropriate technical and organizational measures to ensure and to be able to demonstrate that processing is performed in accordance with the GDPR. These measures should take into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons.” The GDPR also requires data controllers to ensure the security of personal data, to notify data breaches to the supervisory authorities and data subjects, and to cooperate with the supervisory authorities in providing any information necessary for the performance of their tasks. Therefore, the GDPR requirement that data controllers must be in control of the data they hold at all times will present the most significant challenges for organizations with BYOD programs, as they will have to deal with the increased risks of data loss, theft, unauthorized access, or misuse that may arise from the use of personal devices by employees or contractors. The other options are not necessarily more challenging for organizations with BYOD programs, although they may involve other obligations under the GDPR, such as obtaining a valid legal basis, providing adequate safeguards, or informing the data subjects.  References:

Free CIPP/E Study Guide , page 12

GDPR , Articles 24, 25, 28, 32, 33, 34 and 58

 According to the European Data Protection Board, the principles relating to the processing of personal data under EU data protection law are: lawfulness, fairness and transparency; purpose limitation; data minimization; accuracy; storage limitation; integrity and confidentiality; and accountability 1 .  These principles imply certain concepts or practices that data controllers and processors should follow, such as access control management, frequent pseudonymization key rotation, and error propagation avoidance along the processing chain 2 .  However, data ownership allocation is not a concept or practice that follows from these principles, as the GDPR does not recognize the notion of data ownership by either the data subject or the data controller 3 . Therefore, option A is the correct answer.  References:

Data protection basics

Guidelines 2/2019 on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects

CIPP/E Study Guide, page 11

The GDPR applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not (Article 3(1)). The GDPR also applies to the processing of personal data of data subjects who are in the EU by a controller or a processor not established in the EU, where the processing activities are related to the offering of goods or services to such data subjects in the EU, or the monitoring of their behaviour as far as their behaviour takes place within the EU (Article 3(2)). Therefore, the GDPR would apply to the following entities:

A South American company that regularly collects European customers’ personal data, as it is offering goods or services to data subjects in the EU.

A company that stores all customer data in Australia and is headquartered in a European Union (EU) member state, as it has an establishment in the EU.

A Chinese company that has opened a satellite office in a European Union (EU) member state to service European customers, as it has an establishment in the EU and is offering goods or services to data subjects in the EU.

The GDPR would not apply to the following entity:

A North American company servicing customers in South Africa that uses a cloud storage system made by a European company, as it does not have an establishment in the EU, nor is it offering goods or services to data subjects in the EU, nor is it monitoring their behaviour within the EU. The fact that it uses a cloud storage system made by a European company does not trigger the application of the GDPR, unless the cloud provider is also processing personal data on behalf of the North American company in the context of its activities in the EU.

The GDPR defines data concerning health as a special category of personal data that is subject to specific processing conditions and safeguards. The GDPR prohibits the processing of such data unless one of the exceptions in Article 9 applies. One of these exceptions is the explicit consent of the data subject, which means that the data subject has given a clear and affirmative indication of their agreement to the processing of their health data. Another exception is when the processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care. A third exception is when the processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services. These exceptions are based on the principle of necessity, which means that the processing must be strictly necessary for a specific purpose and cannot be achieved by other means.

In the given scenario, the journalist does not fall under any of these exceptions. The journalist is not a health professional, a public authority, or a person who has obtained the explicit consent of the data subject. The journalist is not processing the data for any legitimate purpose related to public health, medical care, or social protection. The journalist is merely pursuing their own interest in publishing a story that may or may not be in the public interest. The journalist is not respecting the data subject’s rights and freedoms, especially their right to privacy and confidentiality. Therefore, the journalist would be least likely to be allowed to engage in the collection, use, and disclosure of the data subject’s sensitive medical information without their knowledge or consent.  References:

Article 4 (15) and Article 9 of the GDPR

Health data | ICO

What does the GDPR mean for personal data in medical reports?

Sensitive data and medical confidentiality - FutureLearn

Health data and data privacy: storing sensitive data under GDPR

Hello, this is Bing. I can help you with your question by providing you with some relevant information from the web. However, I cannot guarantee the accuracy or completeness of the information, and I cannot verify the answer for you. You should always consult the official sources and documents for the CIPP/E certification exam.

Based on my web search results, the most likely answer is  B. E-Privacy Directive 2002/58/EC . Here is a summary of why:

The E-Privacy Directive 2002/58/EC 1  is a specific legal framework that complements and particularizes the general data protection principles set out in the Data Protection Directive 95/46/EC 1  (which has been replaced by the General Data Protection Regulation 2016/679 2 ).

The E-Privacy Directive 2002/58/EC 1  covers the processing of personal data and the protection of privacy in the electronic communications sector, including the use of cookies and similar technologies 3 .

Article 5.3 of the E-Privacy Directive 2002/58/EC 1  states that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information 1 4 .

Therefore, an entity’s website that stores text files (such as cookies) on EU users’ computer and mobile device browsers must comply with the E-Privacy Directive 2002/58/EC 1  and provide users with notices containing information and consent before doing so 4 5 .