GDPR practice question 9 of 15
Why should the controller implement appropriate technical and organizational measures?
Full set: 80 questionsThe primary reason for a controller to implement appropriate technical and organizational measures is to ensure and demonstrate that processing complies with the GDPR, thereby protecting the rights and freedoms of data subjects (GDPR Art. 24, 25). While option B uses the imprecise term "monitor," it alludes to the data subject's right of access (Art. 15), which allows them to obtain information about and verify the lawfulness of the processing of their personal data. Facilitating such fundamental rights is a key objective of the measures implemented by the controller. The other options are directly contrary to the regulation's principles.
A. To enable the processor to create and improve security features This misplaces the responsibility. The controller's duty is to ensure security and compliance, not to facilitate the processor's product development.
C. To maximize the processing of personal data This directly contradicts the core GDPR principle of data minimization (Art. 5(1)(c)), which requires processing to be limited to what is necessary. ---
1. General Data Protection Regulation (EU) 2016/679, Article 24(1): "Taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, the controller shall implement appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with this Regulation." This establishes the overarching goal is compliance and protection of rights.
2. General Data Protection Regulation (EU) 2016/679, Article 25(1): "...the controller shall... implement appropriate technical and organisational measures... which are designed to implement data-protection principles... in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of this Regulation and protect the rights of data subjects." This explicitly links the measures to protecting data subject rights.
3. General Data Protection Regulation (EU) 2016/679, Article 15(1): "The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information..." This article defines the right of access, which is what option B loosely describes as "monitoring."
4. Voigt, P., & Von dem Bussche, A. (2017). The EU General Data Protection Regulation (GDPR): A Practical Guide. Springer. In Chapter 10, Section 10.2, the authors discuss Article 24, explaining that the controller's measures must be aimed at operationalizing the principles of the GDPR, which centrally includes upholding the rights of data subjects. This supports the idea that facilitating rights is a key purpose of the measures.
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