PECB Privacy And Data Protection GDPR Question # 13 Topic 2 Discussion
GDPR Exam Topic 2 Question 13 Discussion:
Question #: 13
Topic #: 2
Question:
All the statements below regarding thelawfulness of processingare correct,except:
A.
Processing is necessary for theperformance of a contractto which the data subject is a party.
B.
Processing is necessary toobtain consentfrom the data subject.
C.
Processing is necessary toprotect the vital interestsof the data subject or another natural person.
D.
Processing is necessary for thelegitimate interestspursued by the controller, except where overridden by the interests or fundamental rights of the data subject.
UnderArticle 6 of GDPR, there aresix legal basesfor data processing.Consent is only one of them, and processing isnot always dependent on obtaining consent.
Option B is correctbecauseGDPR does not require consent for all processing activities; processing can also be based oncontractual necessity, legal obligations, vital interests,public tasks, or legitimate interests.
Option A is incorrectbecausecontractual necessity is a valid legal basis for processing.
Option C is incorrectbecausevital interests(e.g., processing in medical emergencies)are a valid legal basis.
Option D is incorrectbecauselegitimate interests can justify processing, provided theydo not override the rights of data subjects.
References:
GDPR Article 6(1)(Lawfulness of processing)
Recital 40(Processing should be lawful and justified)
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