Under what circumstances would the GDPR apply to personal data that exists in physical form, such as information contained in notebooks or hard copy files?
A.
Only where the personal data is produced as a physical output of specific automated processing activities, such as printing, labelling, or stamping.
B.
Only where the personal data is to be subjected to specific computerized processing, such as image scanning or optical character recognition.
C.
Only where the personal data is treated by automated means in some way, such as computerized distribution or filing.
D.
Only where the personal data is handled in a sufficiently structured manner so as to form part of a filing system.
D. Only where the personal data is handled in a sufficiently structured manner so as to form part of a filing system.
The GDPR applies to both automated and manual processing of personal data, but for manual processing, the personal data must be part of a filing system or intended to be part of one. A filing system is defined as any structured set of personal data that is accessible according to specific criteria, whether centralized, decentralized, or dispersed on a functional or geographical basis.
From the book, European data protection law and practice, Eduardo Ustaran CIPP/E, 2nd Edition, page 87 - processing:
According to Article 2, the following conditions must apply for the
processing of personal data to be covered by the Regulation: (1) the processing must
be wholly or partly carried out by automated means; or (2) where the processing is
not by automated means, it must concern personal data that forms part of a filing
system or is intended to form part of a filing system. A filing system refers to a
structured set of personal data that is accessible according to specific criteria.
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Ssourav
4 months, 1 week agoPilgrim5
10 months, 4 weeks ago