AIP-210 practice question 5 of 15

Personal data should not be disclosed, made available, or otherwise used for purposes other than specified with which of the following exceptions? (Select two.)

Full set: 90 questions
Answer options
A: If it is for a good cause.
B: If it was collected accidentally.
C: If it was requested by the authority of law. Correct answer
D: If it was with consent of the person it is collected from. Correct answer
E: If the data is only collected once.
Correct Answer:
C. If it was requested by the authority of law.; D. If it was with consent of the person it is collected from.
Explanation

Data privacy frameworks, such as the GDPR, are built on principles like purpose limitation and lawful basis for processing. The purpose limitation principle states that personal data should be collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. However, processing for other purposes is permitted if a valid legal basis exists. The two most common exceptions are obtaining explicit consent from the data subject for the new purpose and when processing is necessary for compliance with a legal obligation (i.e., requested by the authority of law).

Why Incorrect

A. "Good cause" is subjective and not a recognized legal basis for processing personal data under any major data protection regulation.
B. Accidental collection of data does not grant the right to use it; it typically creates an obligation to securely delete it.
E. The frequency of data collection is irrelevant to the legal permissions for its use or disclosure for different purposes.

References

1. European Parliament and Council of the European Union. (2016). Regulation (EU) 2016/679 (General Data Protection Regulation). Article 6, "Lawfulness of processing," lists the legal bases, including "(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes" and "(c) processing is necessary for compliance with a legal obligation to which the controller is subject."

2. Voigt, P., & Von dem Bussche, A. (2017). The EU General Data Protection Regulation (GDPR). Springer. Chapter 4, "Principles Relating to Processing of Personal Data," discusses the principle of 'purpose limitation' (p. 99) and the lawful bases for processing in Chapter 5 (p. 107), highlighting consent and legal obligation.

3. MIT OpenCourseWare. (2016). 6.805/STS085: Ethics and Law on the Electronic Frontier. Course notes on "Privacy" discuss the Fair Information Practice Principles (FIPPs), which form the basis of modern privacy law, including the Purpose Specification and Use Limitation principles, with exceptions for consent and legal requirements.

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