Which sentence BEST summarizes the concepts of “fairness,” “lawfulness” and “transparency”, as expressly required by Article 5 of the GDPR?
A.
Fairness and transparency refer to the communication of key information before collecting data; lawfulness refers to compliance with government regulations.
B.
Fairness refers to limiting the amount of data collected from individuals; lawfulness refers to the approval of company guidelines by the state; transparency solely relates to communication of key information before collecting data.
C.
Fairness refers to the security of personal data; lawfulness and transparency refers to the analysis of ordinances to ensure they are uniformly enforced.
D.
Fairness refers to the collection of data from diverse subjects; lawfulness refers to the need for legal rules to be uniform; transparency refers to giving individuals access to their data.
Correct answer:
A. Fairness and transparency refer to the communication of key information before collecting data; lawfulness refers to compliance with government regulations.
The answer cannot be D. As per the EDPB Guidelines 4/2019, "Fairness is an overarching principle which requires that personal data should not be processed in a way that is unjustifiably detrimental, unlawfully discriminatory, unexpected or misleading to the data subject." It does not at all mean collecting from diverse subjects - the number of data subjects is irrelevant.
Answer A is the correct one.
A. Fairness and transparency refer to the communication of key information before collecting data; lawfulness refers to compliance with government regulations.
GDPR Article Reference:
Article 5(1)(a): Personal data shall be processed lawfully, fairly, and in a transparent manner in relation to the data subject.
Fairness: This means processing personal data in ways that individuals would reasonably expect, and not using it in ways that have unjustified adverse effects on them.
Lawfulness: This requires that personal data be processed in accordance with the law and that there is a legal basis for processing the data, such as consent, performance of a contract, legal obligation, vital interests, public task, or legitimate interests.
Transparency: This involves being clear, open, and honest with individuals from the start about who you are, and how and why you use their data.
Therefore, option A accurately encapsulates the essence of these principles as articulated in the GDPR.
In addition to Num (below) the best (far from perfect) answer is D. I agree that 'diverse' subject is misleading, but not wrong. Answer A is wrong because government regulations are not relevant in this: the GDPR is.
The sentence of D. correctly captures the key concepts of fairness, lawfulness, and transparency as required by Article 5 of the GDPR. Fairness refers to the collection of data from diverse subjects, ensuring that everyone is treated equally. Lawfulness refers to the need for legal rules to be uniform, meaning that all companies must follow the same rules and regulations. Transparency refers to giving individuals access to their data, as well as communicating key information before collecting data.
legal rules do not need to be uniform hence why there are f.e. possibilities within the age range for consent. correct answer should be A as other persons stated for said reasons before.
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