What is the consequence if a processor makes an independent decision regarding the purposes and means of processing it carries out on behalf of a controller?
A.
The controller will be liable to pay an administrative fine
B.
The processor will be liable to pay compensation to affected data subjects
C.
The processor will be considered to be a controller in respect of the processing concerned
D.
The controller will be required to demonstrate that the unauthorized processing negatively affected one or more of the parties involved
C. The processor will be considered to be a controller in respect of the processing concerned.
Under the GDPR, if a processor goes beyond the instructions given by the controller and determines the purposes and means of processing, it is no longer acting as a processor but as a controller in its own right for that particular processing activity. This reclassification has significant implications, as it means the processor assumes all the responsibilities and obligations of a controller under the GDPR.
Why not D : The main consequence is not about demonstrating harm but about the reclassification and the shift in responsibility. When a processor decides the purposes and means of processing, it is automatically considered a controller for those decisions, irrespective of whether harm can be demonstrated.
If a processor makes independent decisions regarding the purposes and means of processing it carries out on behalf of a controller, it steps beyond its role as a processor and takes on the role of a controller for that specific processing activity. This shift in roles means that the processor assumes the legal responsibilities and obligations of a controller for those decisions.
Agree - If a processor acts outside of a controller's instructions in such a way that it decides the purpose and means of processing, then it will be a controller and will have the same liability as a controller.
https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/accountability-and-governance/contracts-and-liabilities-between-controllers-and-processors-multi/responsibilities-and-liabilities-for-processors-in-their-own-right/#:~:text=If%20a%20processor%20acts%20outside,same%20liability%20as%20a%20controller.
In such a case, the controller may be held accountable for the actions of the processor and will need to provide evidence that the unauthorized processing had a negative impact on the parties involved.
upvoted 1 times
...
Log in to ExamTopics
Sign in:
Community vote distribution
A (35%)
C (25%)
B (20%)
Other
Most Voted
A voting comment increases the vote count for the chosen answer by one.
Upvoting a comment with a selected answer will also increase the vote count towards that answer by one.
So if you see a comment that you already agree with, you can upvote it instead of posting a new comment.
Ssourav
4 months, 1 week agoOSXmaniac
9 months, 2 weeks agofebruary123
9 months, 2 weeks agomoxiangnaicha
1 year ago