Which of the following Convention 108+ principles, as amended in 2018, is NOT consistent with a principle found in the GDPR?

The Convention 108+ is the modernized version of the Council of Europe Convention for the

Protection of Individuals with regard to Automatic Processing of Personal Data, which was opened

for signature on 10 October 20181. The Convention 108+ aims to reinforce the individuals’

protection, strengthen the implementation of the Convention, and promote it as a universal standard

for data protection2. The Convention 108+ reflects the same principles as those enshrined in the EU’s

General Data Protection Regulation (GDPR), which applies from 25 May 20183. Therefore, the

Convention 108+ and the GDPR are largely consistent and coherent in their provisions and

objectives.

However, one of the principles of the Convention 108+ that is not consistent with a principle found in

the GDPR is the necessity of the bulk collection of personal data by the government. The Convention

108+ allows for the possibility of bulk collection of personal data by the government for national

security purposes, subject to certain safeguards and oversight mechanisms. The GDPR, on the other

hand, does not regulate the processing of personal data by the government for national security

purposes, as this falls outside the scope of EU law. The GDPR also does not explicitly endorse the

bulk collection of personal data by the government, but rather requires that any processing of

personal data must be based on a legal basis, respect the principles of data protection, and ensure

the rights and freedoms of data subjects. Therefore, the correct answer is C.

Reference:

Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Convention 108+ and the GDPR

General Data Protection Regulation

[Convention 108+: the consultative committee of the convention for the protection of individuals

with regard to the processing of personal data (T-PD) publishes its guidelines on artificial intelligence

and data protection]

[Article 3 GDPR – Territorial scope]

[Article 5 GDPR – Principles relating to processing of personal data]

I hope this helps you understand the Convention 108+ and the GDPR better. If you have any other

questions, please feel free to ask me.

Reference: https://eur-lex.europa.eu/legalcontent/EN/TXT/PDF/?uri=CELEX:52018PC0449&from=HU