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Ken Garrett.
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Nhung23082003
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Question: Which of the following is one of individuals under typical data protection legislation?
A, No decision should be taken against an individual on a purely automated basis
B, the right to prevent data being processed for the profit of others
– The correct answer is A.
I saw in the text book Kaplan saying “The rights of data subjects: (e) stop or restrict the processing of your data” so, why not B?
– By the way, may you explain what is “No decision should be taken against an individual on a purely automated basis”?
Thank you
Ken Garrett
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A
Eg Article 22 of the UK GDPR has rules to protect individuals if you are carrying out solely automated decision-making that has legal or similarly significant effects on them.
You can only carry out this type of decision-making where the decision is:
necessary for the entry into or performance of a contract; or
authorised by domestic law applicable to the controller; or
based on the individual’s explicit consent.So, when you do the ACCA BT exam, you are subject to automated marking of the objective test questions. That’s OK because you have elected to do that exam. However, if you applied for a job and the company secretly used solely automated profiing then they would be breaching the law.
B
You have, in general, a right to have your data deleted by a company and must give your consent for data about you to be held. I’m not sure what the option means when it says data. Does it mean your data or all data? There is no general provision on companies not using data to make profits: why else would a company hold it?
This option is ambiguous.
Nhung23082003
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