Instant Download BCS PDP9 Free Updated Test Dumps [Q16-Q37]

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Valid PDP9 FREE EXAM DUMPS QUESTIONS & ANSWERS

BCS PDP9: BCS Practitioner Certificate in Data Protection is a course designed for professionals who are seeking to develop their expertise in data protection. PDP9 exam is created by the Chartered Institute of IT, also known as the British Computer Society (BCS). PDP9 course aims to equip learners with the necessary knowledge, skills, and confidence to carry out their data protection responsibilities competently.

 

NEW QUESTION # 16
Two businesses decide to work together to sell their products by mail order Orders are made via a single online website and they each use their existing employees to administer and update each other's orders on a single order system regardless of product.
Which of the below is CORRECT of the roles of the two businesses in relation to the single order system'?

• A. They are both joint controllers of the information contained in the single order system
• B. The businesses are controllers of their respective information, and the staff are processors of this information
• C. They are controllers of their own information in the single order system and processors of the information they process on behalf of the other business.
• D. They are controllers of their own information contained in the single order system only

Answer: A

Explanation:
Explanation
The two businesses are both joint controllers of the information contained in the single order system, because they jointly determine the purposes and means of the processing. They have a shared purpose of selling their products by mail order and they agree on the means of processing by using a single online website and a single order system. Their decisions complement each other and are necessary for the processing to take place. The processing by each party is inseparable and inextricably linked. Therefore, they meet the criteria for joint controllership under the GDPR. References:
* Article 26 of the GDPR1
* Guidelines 07/2020 on the concepts of controller and processor in the GDPR2, pp. 16-24

NEW QUESTION # 17
Which of the following is NOT a key requirement of independent supervisory authorities?

• A. They must provide each other with mutual assistance
• B. Their leadership must change every four years
• C. They must operate independently.
• D. They review DPIAs in cases of unmitigated high risk

Answer: B

Explanation:
Explanation
Independent supervisory authorities are public authorities that supervise, through investigative and corrective powers, the application of the data protection law. They provide expert advice on data protection issues and handle complaints lodged against violations of the UK GDPR and the relevant national laws. The UK GDPR sets out the key requirements for independent supervisory authorities in Chapter VI, which include the following:
* They must operate independently and remain free from external influence, whether direct or indirect, and must neither seek nor take instructions from anybody.
* They must have adequate human, technical and financial resources to perform their tasks and exercise their powers effectively.
* They must review data protection impact assessments in cases of unmitigated high risk and provide prior consultation to controllers on such processing operations.
* They must provide each other with mutual assistance and cooperate with each other and the European Data Protection Board to ensure the consistent application of the UK GDPR across the EU.
* They must handle complaints lodged by data subjects or by bodies, organisations or associations representing them, and investigate the subject matter of the complaint to the extent appropriate.
* They must adopt binding decisions on matters concerning the application of the UK GDPR and impose effective, proportionate and dissuasive administrative fines for infringements of the UK GDPR.
The UK GDPR does not specify any fixed term for the leadership of independent supervisory authorities, nor does it require their leadership to change every four years. However, it does require that the members of the supervisory authority must be appointed by means of a transparent procedure by the parliament, the government or the head of state of the Member State concerned, and that they must act with integrity, refrain from any action incompatible with their duties and not engage in any incompatible occupation during and after their term of office. The UK GDPR also allows Member States to provide for rules regarding the establishment, appointment, duration of the term and dismissal of the head or members of the supervisory authority. References:
* UK GDPR, Chapter VI7
* ICO website, About the ICO8

NEW QUESTION # 18
Where are the definitions of "Public Authority" and "Public Bodies" found?

• A. Data Protection Act 2018 and PECR.
• B. Freedom of Information Act 2000 and Data Protection Act 2018
• C. GDPRand Data Protection Act 2018.
• D. Data Protection Act 2018 only

Answer: B

Explanation:
Explanation
The definitions of "public authority" and "public body" for the purposes of the UK GDPR and the Data Protection Act 2018 are found in the Freedom of Information Act 2000 and the Data Protection Act 2018 respectively. Section 7 of the Data Protection Act 2018 provides that a public authority or a public body is one that is listed in Schedule 1 to the Freedom of Information Act 2000, or is designated by an order under section
5 of that Act. However, a court or tribunal acting in its judicial capacity is not considered a public authority or a public body under the Data Protection Act 2018. References:
* Section 7 of the Data Protection Act 20181
* Schedule 1 to the Freedom of Information Act 2000

NEW QUESTION # 19
Of the following options which is NOT a purpose of carrying out a Data Protection Impact Assessment (DPIA)?

• A. It fulfils a requirement that data protection is carried out by design and default.
• B. It is key to the accountability element of the GDPR.
• C. It is necessary to fulfil the requirement that all DPIAs are submitted to the ICO
• D. It assists in identifying the main risks that may exist in any use of data, so that they can be mitigated

Answer: C

Explanation:
Explanation
A DPIA is not required to fulfil the requirement that all DPIAs are submitted to the ICO, because this is not a requirement under the GDPR. The GDPR only requires that the controller consults the ICO before carrying out processing that is likely to result in a highrisk to individuals, if the controller cannot mitigate that risk. This means that not all DPIAs need to be submitted to the ICO, only those that identify a high residual risk that cannot be reduced. The other options are valid purposes of carrying out a DPIA, as they help the controller to comply with the GDPR, ensure data protection by design and by default, and identify and mitigate the main risks to individuals' rights and freedoms. References:
* Article 35 and 36 of the GDPR3
* ICO guidance on DPIAs5

NEW QUESTION # 20
What is the meaning of storage limitation in relation to UK GDPR Article 5 (1 )(e)?

• A. Limiting the number of records stored in any single repository to minimise risk surface.
• B. Storing data in a secure format only permitting access to those with a business need
• C. Keeping identifiable personal data for no longer than is necessary for the intended processing
• D. Only storing data in locations within the EU. except where there is an adequacy decision.

Answer: C

Explanation:
Explanation
Storage limitation is one of the principles of data protection under the UK GDPR. It means that personal data should not be kept in a form that allows identification of data subjects for longer than is necessary for the purposes for which the data are processed. The UK GDPR does not specify any fixed time limits for different types of data, but rather requires data controllers to determine and justify the appropriate retention periods for their processing activities, taking into account factors such as the nature, scope, context and purposes of the processing, the risks to the rights and freedoms of data subjects, and the legal obligations and expectations of the data controller. Data controllers should also have a policy setting out standard retention periods where possible, and review the data they hold regularly to ensure that it is erased or anonymised when it is no longer needed. Data subjects have the right to request the erasure of their personal data if the data controller no longer has a lawful basis or a legitimate interest for keeping it. The UK GDPR allows for some exceptions to the storage limitation principle, such as when the personal data is processed solely forarchiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to appropriate safeguards for the rights and freedoms of data subjects. References:
* UK GDPR, Article 5 (1) (e) and (2)4
* UK GDPR, Article 175
* UK GDPR, Article 896
* ICO Guide to Data Protection, Storage Limitation7

NEW QUESTION # 21
Which of the following statements are CORRECT about records of processing'?
A It must contain contact details for the Data Protection Officer where applicable.
B It must be submitted to the Information Commissioner's Office following every Data Protection ImpactAssessment C It is mandatory for all data processors D The controller or the processor a mustmakesthe record available to the supervisory authority on request
E. It must contain contact details for the supervisory authority

• A. A, C,andD
• B. A,C,andE
• C. B, C. and D
• D. A. C,D, and E

Answer: A

Explanation:
Explanation
Article 30 of the UK GDPR3 requires both controllers and processors to maintain records of their processing activities, unless they are exempted under certain conditions. The records must contain the following information, among others:
* the name and contact details of the controller or the processor, and of any joint controller, representative or data protection officer;
* the purposes of the processing;
* the categories of data subjects and personal data;
* the categories of recipients to whom the personal data have been or will be disclosed, including recipients in third countries or international organisations;
* where applicable, transfers of personal data to a third country or an international organisation, including the identification of that third country or international organisation and the documentation of suitable safeguards;
* where possible, the envisaged time limits for erasure of the different categories of data;
* where possible, a general description of the technical and organisational security measures.
The records must be in writing, including in electronic form, and must be made available to the ICO on request. The records do not need to contain contact details of the supervisory authority, as this is not specified in Article 30. Nor do they need to be submitted to the ICO following every DPIA, as this is not required by Article 35, which only obliges the controller to consult the ICO prior to the processing if the DPIA indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk. References:
* Article 30 of the UK GDPR3
* Article 35 of the UK GDPR4

NEW QUESTION # 22
A company based in France uses a specialist IT support business in China The two companies have signed a Data Processing Agreement.The Chinese business provides specialist IT support for the French company's digital customer experience platform No personal data is sent to China, but employees of the Chinese business access the platform on a regular basis and have access to the databases that sit behind it.Which of the following statements is CORRECT in relation to the French company's requirements to ensure compliance with the GDPR?

• A. The French company must identify and implement an appropriate transfer mechanism
• B. No personal data is being transferred, therefore no transfer mechanism is needed
• C. There is a Data Processing Agreement in place therefore no transfer mechanism is needed
• D. China provides an adequate level of protection for personal data, therefore no transfer mechanism is needed

Answer: A

Explanation:
Explanation
According to the GDPR, a transfer of personal data to a third country or an international organisation occurs when the personal data is made available to someone outside the EU and EEA, regardless of whether the data is physically sent or not. Therefore, the fact that the Chinese business accesses the platform and the databases that contain personal data of the French company's customers constitutes a transfer of personal data to China, which is a third country under the GDPR. The French company, as the controller of the personal data, must ensure that the transfer complies with the GDPR requirements and that the level of protection of the personal data is not undermined. This means that the French company must identify and implement an appropriate transfer mechanism, such as an adequacy decision, appropriate safeguards, or derogations for specific situations, as set out in Chapter V of the GDPR. A data processing agreement, although necessary to define the roles and responsibilities of the controller and the processor, is not sufficient to ensure the legality of the transfer, as it does not provide the same guarantees as the GDPR. China is not a country that has been recognised by the European Commission as providing an adequate level ofprotection for personal data, so the French company cannot rely on an adequacy decision either. References:
* Article 44 of the GDPR1
* ICO guidance on international transfers2

NEW QUESTION # 23
Which one task are supervisory authorities NOT required to carry out under Article 57(1 )(f) of the UK GDPR? Select the CORRECT answer.

• A. Co-ordinate where necessary with other supervisory authorities
• B. Handle complaints lodged by a data subject
• C. Mediate between the complainant and the entity against which the complaint has been lodged, to resolve the complaint
• D. Investigate complaints and inform the complainant of the progress of their investigation

Answer: C

Explanation:
Explanation
Article 57(1)(f) of the UK GDPR requires the supervisory authority (the ICO in the UK) to handle complaints lodged by a data subject, investigate the subject matter of the complaint, and inform the complainant of the progress and the outcome of the investigation. It also requires the supervisory authority to cooperate with other supervisory authorities if the complaint involves cross-border processing. However, it does not require the supervisory authority to mediate between the complainant and the controller or processor against which the complaint has been lodged, to resolve the complaint. This is not a task of the supervisory authority under the UK GDPR, although it may be possible in some cases as a way of achieving an amicable solution. References
:
* Article 57(1)(f) of the UK GDPR1
* ICO and complaints2

NEW QUESTION # 24
A company has twenty retail outlets in France and thirty retail outlets in Belgium The payroll department and the Data Protection Officer are based in Poland.The Company Board and administrative functions are based in Germany. Determine where the company's 'mainestablishment' would be

• A. France
• B. Germany
• C. Poland
• D. Belgium

Answer: B

Explanation:
Explanation
The main establishment of a controller or a processor in the EU is the place where the decisions on the purposes and means of the processing of personal data are taken and implemented. According to Recital 36 of the GDPR, the main establishment of a controller with establishments in more than one Member State should be the place of its central administration in the EU, unless the decisions on the processing are taken in another establishment of the controller in the EU and the latter establishment has the power to have such decisions implemented, in which case the establishment havingtaken such decisions should be considered to be the main establishment. Similarly, the main establishment of a processor with establishments in more than one Member State should be the place of its central administration in the EU, or, if the processor has no central administration in the EU, the establishment of the processor in the EU where the main processing activities take place to the extent that the processor is subject to specific obligations under the GDPR. The main establishment is relevant for determining the lead supervisory authority, the applicable law, and the jurisdiction of the courts for cross-border processing of personal data. In this case, the company's main establishment would be Germany, as it is the place where the company board and administrative functions are based and where the decisions on the processing of personal data are likely to be taken and implemented.
References:
* Recital 36 of the GDPR8
* Article 4(16) of the GDPR9
* Article 56 of the GDPR

NEW QUESTION # 25
When were data protection rights first introduced into UK law'?

• A. 2018 (Data Protection Act 2018)
• B. 2000 (Data Protection Act 1998)
• C. 1984 (Data Protection Act 1984).
• D. 1992 (Data Protection Act 1992).

Answer: C

Explanation:
Explanation
Data protection rights were first introduced into UK law by the Data Protection Act 1984, which was enacted to implement the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 1981. The Data Protection Act 1984 established a set of principles for the processing of personal data by data users, such as obtaining consent, ensuring accuracy, and limiting retention.
It also created a system of registration for data users and a Data Protection Registrar (later renamed as the Information Commissioner) to oversee and enforce the law. The Data Protection Act 1984 was replaced by the Data Protection Act 1998, which transposed the EU Data Protection Directive 1995 into UK law and extended the scope of data protection to cover manual as well as automated processing of personal data. The Data Protection Act 1998 was further amended by the Data Protection Act 2018, which incorporated the EU General Data Protection Regulation (GDPR) and the Law Enforcement Directive into UK law and made provisions for specific processing situations, such as national security, immigration, and journalism.
References:
* Data Protection Act 19844
* Council of Europe Convention 1085
* Data Protection Act 19986
* Data Protection Act 20187

NEW QUESTION # 26
Which of the below would be the BEST example of processing that could utilise the Public Interest Task lawful basis?

• A. A local authority processing the personal information of the person responsible for paying council tax
• B. A tax authority drops cookies on the devices of visitors to its website
• C. A debt collection agency processing information relating to unpaid fines for misuse of community council car parking.
• D. A health authority processing the personal information of its staff in order to record all training undertaken

Answer: A

Explanation:
Explanation
The public interest task lawful basis applies to the processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. The relevant task or authority must have a clear basis in domestic law, such as a statutory power, a common law duty, or a function of the Crown, central or local government. The processing must also be necessary, meaning that there is no reasonable and less intrusive way to achieve the same purpose. The public interest task lawful basis is most relevant to public authorities, but it can also apply to any organisation that exercises official authority or carries out tasks in the public interest. In scenario C, a local authority processing the personal information of the person responsible for paying council tax is likely to rely on the public interest task lawful basis, as it is performing a task in the public interest that is laid down by law, namely the Local Government Finance Act 1992, and the processing is necessary for the collection and administration of council tax. In contrast, scenarios A, B and D are less likely to qualify for the public interest task lawful basis, as they do not involve a clear task or authority that is set out in law, or that serves the public interest. For example, a health authority processing the personal information of its staff in order to record all training undertaken may have a different lawful basis, such as legitimate interests or contractual necessity. A debt collection agency processinginformation relating to unpaid fines for misuse of community council car parking may not have any official authority or public interest justification for its processing. A tax authority dropping cookies on the devices of visitors to its website may not be able to demonstrate that the processing is necessary for its official functions, and may also need to comply with the Privacy and Electronic Communications Regulations (PECR) for the use of cookies. References:
* UK GDPR, Article 6 (1) (e) and (3)8
* ICO Guide to Data Protection, Public Task9
* Local Government Finance Act 199210

NEW QUESTION # 27
How does the GDPR relate to cookies?

• A. The GDPR only applies where a cookie processes personal data
• B. The GDPR applies in all cases where cookies are used
• C. Websites only need an opt out of cookies if GDPR applies
• D. Where PECR is engaged only PECR will apply to the processing of personal data

Answer: D

Explanation:
Explanation
The GDPR and the Privacy and Electronic Communications Regulations (PECR) are two different but related legal frameworks that regulate the use of cookies and similar technologies. Cookies are small text files that are stored on the user's device when they visit a website or use an online service. Cookies can be used for various purposes, such as remembering user preferences, tracking user behaviour, delivering targeted advertising, or enabling online transactions. The GDPR applies to the processing of personal data by cookies and similar technologies, as they can be used to identify or single out individuals, either directly or indirectly. Personal data is any information relating to an identified or identifiable natural person, such as a name, an email address, a location data, or a cookie identifier. The GDPR requires data controllers to obtain the user's consent before using any cookies that are not strictly necessary for the functioning of the website or service, and to provide clear and transparent information about the purposes and legal basis of the processing, the categories and recipients of the personal data, the retention periods, and the rights of the data subjects. The GDPR also requires data controllers to implement appropriate technical and organisational measures to ensure the security and confidentiality of the personal data, and to comply with the principles of data protection by design and by default. The PECR are a set of UK-specific rules that implement the EU ePrivacy Directive, which is a complementary legislation to the GDPR that deals with the privacy and security of electronic communications.
The PECR apply to the use of cookies and similar technologies, as well as to the sending of marketing communications by phone, email, text, or fax, and to the provision of public electronic communications services and networks. The PECR require data controllers to obtain the user's consent before using any cookies or similar technologies, except those that are strictly necessary for the provision of an information society service requested by the user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. The PECR also require data controllers to provide clear and comprehensive information about the purposes of the cookies or similar technologies, and to offer the user a way to refuse or withdraw their consent. The PECR do not apply to the processing of personal data by cookies or similar technologies, as this is covered by the GDPR. Therefore, the correct answer is C, as where PECR is engaged only PECR will apply to the use of cookies or similar technologies, but not to the processing of personal data by them. The other options are incorrect because:
* The GDPR does not only apply where a cookie processes personal data, but to any processing of personal data by any means, including cookies and similar technologies. The GDPR applies to the processing of personal data by cookies and similar technologies, regardless of whether they are strictly necessary or not, or whether they are first-party or third-party cookies. However, the GDPR does not apply to the use of cookies or similar technologies, as this is covered by the PECR.
* The GDPR does not apply in all cases where cookies are used, but only in cases where cookies are used to process personal data. The GDPR does not apply to the use of cookies or similar technologies that do not process personal data, such as those that are strictly necessary for the functioning of the website orservice, or those that do not identify or single out individuals. However, the PECR still apply to the use of cookies or similar technologies, regardless of whether they process personal data or not, except for some limited exemptions.
* Websites do not only need an opt out of cookies if GDPR applies, but also if PECR applies. The GDPR and the PECR both require data controllers to obtain the user's consent before using any cookies or similar technologies that are not strictly necessary, and to offer the user a way to refuse or withdraw their consent. The opt out of cookies is a mechanism that allows the user to exercise their right to object to the use of cookies or similar technologies, and to prevent the processing of their personal data by them. Websites need to provide an opt out of cookies in all cases where the user's consent is required, regardless of whether the GDPR or the PECR applies. References:
* GDPR, Article 4(1)5
* GDPR, Article 6(1)(a)6
* GDPR, Article 13 and 147
* GDPR, Article 328
* GDPR, Article 25
* PECR, Regulation 6
* PECR, Regulation 5

NEW QUESTION # 28
Describe the act of processing under the authority of a controller or processor as stipulated in UK GDPR Article 29.

• A. The processor shall consult the supervisory authority prior to processing where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the processor to mitigate the risk.
• B. Each processor and, where applicable, the processors representative shall maintain a record of all categories of processing activities earned out on behalf of a controller.
• C. A processor shall not process those data except on instructions from the controller, unless required to do so by domestic law
• D. The processor shall implement appropriate technical and organisational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed.

Answer: C

Explanation:
Explanation
Article 29 of UK GDPR states that the processor and any person acting under the authority of the controller or of the processor, who has access to personal data, shall not process those data except on instructions from the controller, unless required to do so by domestic law. This means that the processor must follow the controller's directions on how to handle the personal data, and cannot use it for its own purposes or deviate from the agreed terms. The only exception is when the processor is obliged by law to process the data in a different way, for example, to comply with a court order or a legal obligation. The other options are not related to Article 29, but to other articles of UK GDPR, such as Article 25 (data protection by design and by default), Article 30 (records of processing activities), and Article 36 (prior consultation). References:
* Article 29 of UK GDPR1
* ICO guidance on controllers and processors2

NEW QUESTION # 29
Under the Privacy and Electronic Communications Regulations, organisations must NOT make marketing telephone calls to which of the following?

• A. Any person outside of the United Kingdom.
• B. Any person who is registered with the Telephone Preference Service, unless they have given specific consent to receive your calls
• C. Any person who has not consented to receiving marketing calls
• D. Any person under the age of 18, unless their parent or guardian has provided permission

Answer: B

Explanation:
Explanation
The Privacy and Electronic Communications Regulations (PECR) are a set of rules that regulate the use of electronic communications for marketing purposes, such as phone calls, texts, emails and faxes. One of the rules is that organisations must not make unsolicited marketing calls to individuals who have registered their numbers with the Telephone Preference Service (TPS), unless they have given their prior consent to receive such calls from that organisation. The TPS is a free service that allows individuals to opt out of receiving any marketing calls. It is a legal requirement for organisations to check the TPS before making any marketing calls and to respect the preferences of the individuals registered on it. If an organisation fails to comply with this rule, it may face enforcement action from the Information Commissioner's Office (ICO), which is the UK's data protection authority and the regulator of PECR. References:
* Telephone Preference Service
* Marketing calls
* Enforcement action

NEW QUESTION # 30
What is the Employment Practices Code?

• A. A set of exemptions that can be used when processing data related to employees
• B. A statutory framework for implementing data protection training for employees.
• C. Guidance on meeting legal requirements of data protection when employing staff
• D. Guidance on the requirements for employing a Data Protection Officer

Answer: C

Explanation:
Explanation
The Employment Practices Code is a guidance document issued by the ICO that provides recommendations on how to comply with the data protection principles and the rights of data subjects when processing personal data in the context of employment. The code covers various aspects of employment practices, such as recruitment and selection, employment records, monitoring at work, and information about workers' health.
The code is not legally binding, but it reflects the ICO's interpretation of the Data Protection Act and the UK GDPR, and it may be used as evidence in legal proceedings or investigations. The code is intended to help employers balance their legitimate interests in managing their workforce with the privacy rights of their workers. References:
* The Employment Practices Code
* Quick Guide to the Employment Practices Code

NEW QUESTION # 31
An investigation reveals that an individual is defrauding a public authority After a (suspected) tip off from a senior manager, the individual submits a Subject Access Request to the authority asking for a copy of all personal data relating to any investigations that have been carried out What would be the BEST approach?

• A. While the right to inform does not apply in relation to criminal acts, they need to disclose the information as this has not yet been passed to the police.
• B. This is criminal offence data and therefore under the provisions of the Data Protection Act 2018, there is no obligation to disclose
• C. The legal and professional privilege exemption applies to this information, and therefore the information does not need to be disclosed
• D. They do not need to disclose details of the investigation as they can rely on the crime and taxation exemption on the basis that disclosure would prejudice the investigation

Answer: D

Explanation:
Explanation
The crime and taxation exemption in Schedule 2, Part 1, Paragraph 2 of the Data Protection Act 2018 (DPA
2018) provides an exemption from the UK GDPR's transparency obligations and most individual rights, including the right of access, but only if complying with them would prejudice the prevention or detection of crime, or the apprehension or prosecution of offenders. This means that the public authority does not need to disclose details of the investigation to the individual who submitted the subject access request, as doing so would be likely to hinder the investigation and enable the individual to evade justice. The public authority should assess the likelihood of prejudice on a case-by-case basis and document its reasons for relying on the exemption. The other options are incorrect because:
* The legal and professional privilege exemption in Schedule 2, Part 1, Paragraph 19 of the DPA 2018 applies to personal data that is subject to an obligation of confidentiality arising from the provision of legal advice or legal representation, or from the conduct of legal proceedings. This exemption does not apply to the information held by the public authority about the investigation, as it is not related to any legal advice or representation, or any legal proceedings.
* The term "criminal offence data" refers to personal data relating to criminal convictions and offences, or related security measures. This type of data is subject to specific rules under Article 10 of the UK GDPR and Part 3 of the DPA2018. However, this does not mean that there is no obligation to disclose criminal offence data in response to a subject access request. The public authority still needs to consider whether any of the exemptions in the DPA 2018 apply, such as the crime and taxation exemption, before disclosing or withholding the data.
* The right to be informed does apply in relation to criminal acts, as the UK GDPR requires controllers to provide data subjects with information about the processing of their personal data, including the purposes and legal basis of the processing, unless an exemption applies. The fact that the information has not yet been passed to the police does not affect the applicability of the right to be informed or the right of access. References:
* Data Protection Act 2018, Schedule 2, Part 1, Paragraph 21
* ICO Guide to Data Protection, Crime and Taxation2
* Data Protection Act 2018, Schedule 2, Part 1, Paragraph 193
* UK GDPR, Article 104
* Data Protection Act 2018, Part 35
* UK GDPR, Article 13 and 146

NEW QUESTION # 32
What does NOT have an exemption prescribed under schedule 3 of the Data Protection Act 2018?

• A. Credit checking agency data
• B. Social Work Data.
• C. Health data
• D. Education data, examination scripts and marks

Answer: A

NEW QUESTION # 33
......

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