Exam CIPP-E topic 1 question 33 discussion

The correct option is D. If the company’s status as a documentary provider allows it to claim legitimate interest. Under the General Data Protection Regulation (GDPR), the processing of personal data, including video footage, generally requires a lawful basis. Consent is one such basis, but there are others, including legitimate interests.

D. If the company’s status as a documentary provider allows it to claim legitimate interest. GDPR Article Reference: Article 6(1)(f): Processing is lawful if it is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Documentary filmmakers may sometimes rely on the legitimate interest basis for processing personal data, including images, especially when the content serves public interest or contributes to freedom of expression and information. However, this must be balanced against the data subjects' rights and interests. If the legitimate interest is deemed to outweigh the need for consent, and if the use of the footage does not adversely affect the individuals featured, the company may not need to obtain explicit consent.

Disproportionate effort can be an exemption to obligation of notice under principle of transparency, but not to obligation to obtain consent.

A film maker produces documentary film could be its legitimate interest. And this may not be able to avoid film people on the street.

Reliance on the criteria of performance of a task in the public interest, is one of the legal grounds where processing can take place without obtaining consent. Archiving, scientific, historical or statistical purposes are all examples of this. Correct answer is D

being a documentary provider is not necessarily a legitimate reason to go around film people. filming a street of people makes it almost impossible to ask everybody for consent, which is why A. should be correct answer.