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

Question

Options

• AThe obligation of companies to declare data breaches.
• BThe requirement to demonstrate compliance to a supervisory authority.
• CThe necessity of the bulk collection of personal data by the government.

• A
  22% (13)
• B
  12% (7)
• C
  66% (38)

Explanation

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 2018. The Convention 108+ aims to reinforce the individuals' protection, strengthen the implementation of the Convention, and promote it as a universal standard for data protection. The Convention 108+ reflects the same principles as those enshrined in the EU's General Data Protection Regulation (GDPR), which applies from 25 May 2018. 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

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