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SCENARIO Please use the following to answer the next question: Joe started the Gummy Bear Company in 2000 from his home in Vermont, USA. Today, it is a multi-billion-dollar candy company operating in every continent. All of the company's IT servers are located in Vermont. This year Joe hires his son Ben to join the company and head up Project Big, which is a major marketing strategy to triple gross revenue in just 5 years. Ben graduated with a PhD in computer software from a top university. Ben decided to join his father's company, but is also secretly working on launching a new global online dating website company called Ben Knows Best. Ben is aware that the Gummy Bear Company has millions of customers and believes that many of them might also be interested in finding their perfect match. For Project Big, Ben redesigns the company's online web portal and requires customers in the European Union and elsewhere to provide additional personal information in order to remain a customer. Project Ben begins collecting data about customers' philosophical beliefs, political opinions and marital status. If a customer identifies as single, Ben then copies all of that customer's personal data onto a separate database for Ben Knows Best. Ben believes that he is not doing anything wrong, because he explicitly asks each customer to give their consent by requiring them to check a box before accepting their information. As Project Big is an important project, the company also hires a first year college student named Sam, who is studying computer science to help Ben out. Ben calls out and Sam comes across the Ben Knows Best database. Sam is planning on going to Ireland over Spring Beak with 10 of his friends, so he copies all of the customer information of people that reside in Ireland so that he and his friends can contact people when they are in Ireland. Joe also hires his best friend's daughter, Alice, who just graduated from law school in the U.S., to be the company's new General Counsel. Alice has heard about the GDPR, so she does some research on it. Alice approaches Joe and informs him that she has drafted up Binding Corporate Rules for everyone in the company to follow, as it is important for the company to have in place a legal mechanism to transfer data internally from the company's operations in the European Union to the U.S. Joe believes that Alice is doing a great job, and informs her that she will also be in-charge of handling a major lawsuit that has been brought against the company in federal court in the U.S. To prepare for the lawsuit, Alice instructs the company's IT department to make copies of the computer hard drives from the entire global sales team, including the European Union, and send everything to her so that she can review everyone's information. Alice believes that Joe will be happy that she did the first level review, as it will save the company a lot of money that would otherwise be paid to its outside law firm. When Ben had the company collect additional data from its customers, the most serious violation of the GDPR occurred because the processing of the data created what?
Correct Answer: C
According to the GDPR, personal data must be processed lawfully, fairly and in a transparent manner in relation to the data subject1. The GDPR also recognizes that the processing of special categories of personal data, such as data revealing political opinions, religious or philosophical beliefs, or data concerning health or sex life, may entail a high risk to the rights and freedoms of natural persons2. Therefore, such data can only be processed under certain conditions, such as when the data subject has given explicit consent, or when the processing is necessary for reasons of substantial public interest3. In this scenario, Ben had the company collect additional data from its customers, including their philosophical beliefs, political opinions and marital status, without a valid legal basis or a legitimate purpose. He also copied the data of the single customers onto a separate database for his own online dating website, without informing them or obtaining their consent. This processing of special categories of personal data created a significant risk to the customers' fundamental rights and freedoms, such as their right to privacy, dignity, non-discrimination and self-determination. The customers may also suffer from identity theft, fraud, harassment, or unwanted marketing as a result of the unauthorized use of their data. Therefore, Ben's actions constituted the most serious violation of the GDPR in this scenario. Reference: Art. 5 GDPR - Principles relating to processing of personal data Recital 51 GDPR - Protecting sensitive personal data Art. 9 GDPR - Processing of special categories of personal data [Guidelines 3/2019 on processing of personal data through video devices] I hope this helps you understand the GDPR and data processing better. If you have any other questions, please feel free to ask me.