IAPP CIPP-E Certified Information Privacy Professional/Europe Exam Practice Test

Answer : C

The General Data Protection Regulation (GDPR) introduces several obligations for processors who process personal data on behalf of controllers. These obligations apply to any processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not. The GDPR also applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU.

The GDPR's list of processor obligations regarding cloud computing includes all of the following:

Controllers must be given notice of any subprocessors and have a right of objection. According to Article 28 of the GDPR, a processor shall not engage another processor without prior specific or general written authorisation of the controller. In the case of general written authorisation, the processor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes.

Individuals authorized to process the personal data are subject to an obligation of confidentiality. According to Article 28 of the GDPR, the processor shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

Processors must implement technical and organizational measures to ensure a level of security appropriate to the risk. According to Article 32 of the GDPR, the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.

The GDPR's list of processor obligations regarding cloud computing does not include the following:

Any personal data related to data subjects must be securely maintained for a maximum of ten years. The GDPR does not specify a precise time limit for the storage of personal data, but leaves it to the controller to determine the appropriate retention period, taking into account the nature, scope, context and purposes of the processing, as well as the risks for the rights and freedoms of data subjects. The GDPR also allows for the further storage of personal data for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to appropriate safeguards. Therefore, the processor must follow the instructions of the controller regarding the storage duration of the personal data, and delete or return the personal data to the controller after the end of the provision of services relating to the processing, unless required to store the personal data by Union or Member State law.

GDPR, Articles 3, 4, 28, 29, 32, 51, 55, 56, 57, 58, 60, 61, 62, 63, 64, 65, 66, 67, and 68.

EDPB Guidelines 07/2020 on the concepts of controller and processor in the GDPR, pages 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28.

Cloud Computing and GDPR: what you need to know | Combell, paragraphs 1, 2, 3, 4, 5, 6, 7, and 8.

GDPR Processor Obligations - Taylor Wessing, paragraphs 1, 2, 3, 4, 5, 6, 7, and 8.

Answer : A

The General Data Protection Regulation (GDPR) introduces a duty for controllers to notify the competent supervisory authority of a personal data breach without undue delay and, where feasible, not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. The GDPR also requires controllers to communicate the personal data breach to the affected data subjects without undue delay, when the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons.

The GDPR applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not. The GDPR also applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU.

The GDPR provides that where a controller or a processor is not established in the EU, but is subject to the GDPR, the controller or the processor shall designate in writing a representative in the EU. The representative shall be established in one of the member states where the data subjects, whose personal data are processed in relation to the offering of goods or services to them, or whose behaviour is monitored, are. The representative shall act on behalf of the controller or the processor and may be addressed by any supervisory authority or data subject on any issues related to the processing of personal data under the GDPR.

The GDPR also establishes a one-stop shop mechanism, which aims to ensure the consistent and effective application of the GDPR across the EU. The one-stop shop mechanism allows a controller or a processor with establishments in several member states to have a single supervisory authority as its interlocutor, which is the supervisory authority of the main establishment or of the single establishment of the controller or processor. The one-stop shop mechanism also enables a controller or a processor that is not established in the EU, but is subject to the GDPR, to deal with a single lead supervisory authority, which is the supervisory authority of the member state where the representative of the controller or processor is established.

Based on the GDPR and the guidelines of the European Data Protection Board (EDPB), if a controller that is not established in the EU but still subject to the GDPR becomes aware of a personal data breach, the controller must notify the supervisory authority of the EU member state in which the controller's EU representative (pursuant to Article 27) is established. This is the only supervisory authority that the controller must notify, as the controller benefits from the one-stop shop mechanism and has a single lead supervisory authority. The controller does not need to notify every supervisory authority of the EU member states where the controller is offering goods or services or where the affected data subjects reside, as this would be contrary to the principle of consistency and the aim of simplification of the one-stop shop mechanism.

GDPR, Articles 3, 4, 27, 28, 29, 33, 34, 51, 55, 56, 57, 58, 60, 61, 62, 63, 64, 65, 66, 67, and 68.

EDPB Guidelines 9/2022 on personal data breach notification under GDPR, pages 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16.

EDPB Guidelines 07/2020 on the concepts of controller and processor in the GDPR, pages 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28.

EDPB Guidelines 3/2018 on the territorial scope of the GDPR, pages 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15.

Answer : D

The General Data Protection Regulation (GDPR) does not prohibit surveillance of employees in the workplace. Still, it requires employers to follow special rules to ensure that the rights and freedoms of employees are protected when processing their personal data. The GDPR applies to any processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not. The GDPR also applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU.

The GDPR requires that any processing of personal data must be lawful, fair and transparent, and based on one of the six legal grounds specified in the regulation. The most relevant legal grounds for employee surveillance are the legitimate interests of the employer, the performance of a contract with the employee, or the compliance with a legal obligation. The GDPR also requires that any processing of personal data must be limited to what is necessary for the purposes for which they are processed, and that the data subjects must be informed of the purposes and the legal basis of the processing, as well as their rights and the safeguards in place to protect their data.

The GDPR also imposes specific obligations and restrictions on the processing of special categories of personal data, such as biometric data, which reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or which are processed for the purpose of uniquely identifying a natural person. The processing of such data is prohibited, unless one of the ten exceptions listed in the regulation applies. The most relevant exceptions for employee surveillance are the explicit consent of the data subject, the necessity for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law, or the necessity for reasons of substantial public interest.

The GDPR also sets out the rules and requirements for the transfer of personal data to third countries or international organisations, which do not ensure an adequate level of data protection. The transfer of such data is only allowed if the controller or processor has provided appropriate safeguards, such as binding corporate rules, standard contractual clauses, codes of conduct or certification mechanisms, and if the data subjects have enforceable rights and effective legal remedies.

The GDPR also establishes the principle of storage limitation, which requires that personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed. The GDPR does not specify a precise time limit for the storage of personal data, but leaves it to the controller to determine the appropriate retention period, taking into account the nature, scope, context and purposes of the processing, as well as the risks for the rights and freedoms of data subjects. The GDPR also allows for the further storage of personal data for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to appropriate safeguards.

Based on the scenario, after fixing the privacy problems, Gentle Hedgehog may store the monitoring data as long as stated in the privacy policy that all employees must follow when processing personal data. This option is the most consistent with the GDPR's principles and requirements, as it:

Is based on a valid legal ground for the processing of personal data, namely the legitimate interests of the employer to ensure the productivity, quality and security of the work performed by the employees, as well as the performance of a contract with the employees and the compliance with a legal obligation to prevent fraud and protect confidential information.

Is limited to what is necessary for the purposes of the monitoring, as it only covers the work-related activities and communications of the employees, and excludes the private or personal ones.

Is transparent to the employees, as it informs them of the monitoring and its precise scope, and gives them the opportunity to object or opt out of the monitoring.

Does not involve the processing of special categories of personal data, such as biometric data or data revealing political opinions or trade union membership, which are not necessary or proportionate for the purposes of the monitoring, and which do not fall under any of the exceptions listed in the regulation.

Does not involve the transfer of personal data to a third country, such as China, which does not provide an adequate level of data protection, and which may pose additional risks for the rights and freedoms of the employees.

Respects the principle of storage limitation, as it specifies the retention period of the personal data, and deletes or anonymises the data when they are no longer needed for the purposes of the monitoring.

The other options listed in the question are not valid conditions for storing the monitoring data, as they:

Are not based on a valid legal ground for the processing of personal data, as they either rely on the consent of the employees, which is not freely given, informed and specific, or on the compliance with a legal obligation, which does not apply to the storage of personal data.

Are not limited to what is necessary for the purposes of the monitoring, as they involve the storage of personal data for longer than required by the legitimate interests of the employer, the performance of a contract with the employees, or the legal obligation to prevent fraud and protect confidential information.

Are not transparent to the employees, as they do not inform them of the retention period of the personal data, and do not give them the opportunity to request the erasure of the data.

Do not respect the principle of storage limitation, as they do not specify the retention period of the personal data, and do not delete or anonymise the data when they are no longer needed for the purposes of the monitoring.

GDPR, Articles 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 44, 45, 46, 47, 48, and 49.

EDPB Guidelines 3/2019 on processing of personal data through video devices, pages 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14.

EDPB Guidelines 07/2020 on the concepts of controller and processor in the GDPR, pages 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28.

EDPB Guidelines 4/2019 on Article 25 Data Protection by Design and by Default, pages 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28.

EDPB Guidelines 2/2018 on derogations of Article 49 under Regulation 2016/679, pages 4, 5, 6, 7, 8, 9, 10, 11, and 12.

Data protection: GDPR and employee surveilance | Feature | Law Gazette, paragraphs 1, 2, 3, 4, 5, 6, 7, and 8.

Answer : A

The General Data Protection Regulation (GDPR) introduces a mechanism for personal data transfers to third countries or international organisations that do not ensure an adequate level of data protection, based on approved certifications. According to Article 42 of the GDPR, the European Commission, the European Data Protection Board (EDPB) and the national data protection authorities (DPAs) shall encourage the establishment of data protection certification mechanisms and of data protection seals and marks, for the purpose of demonstrating compliance with the GDPR of processing operations by controllers and processors. The specific needs of micro, small and medium-sized enterprises shall be taken into account.

The GDPR also provides that the certification mechanisms shall be voluntary and available via a transparent process. The certification shall be issued by the competent supervisory authority or by the certification bodies accredited by the supervisory authority or by the national accreditation body. The certification shall be valid for a maximum period of three years and may be renewed, under the same conditions, if the relevant requirements continue to be met. The certification shall be withdrawn, as the case may be, by the competent supervisory authority or by the certification bodies, where the requirements for the certification are not or are no longer met.

The GDPR further stipulates that the certification shall be issued to a controller or processor who has demonstrated, in accordance with the approved certification criteria, that the processing of personal data is in compliance with the GDPR. The certification shall specify the scope and purpose of the processing, the criteria applied and the duration of the validity of the certification. The certification shall not reduce the responsibility of the controller or the processor for compliance with the GDPR and shall not be interpreted as an endorsement of the quality or reliability of the products or services of the controller or the processor by the supervisory authority or the certification body.

The GDPR also states that the certification mechanisms shall contribute to the proper application of the GDPR, taking account of the specific features of the various processing sectors and the different risks for the rights and freedoms of data subjects. The certification mechanisms shall allow for the verification of compliance with the GDPR of processing operations by controllers and processors not established in the EU, regardless of the location of the processing. The certification mechanisms shall also provide for the possibility to demonstrate compliance with the GDPR for personal data transfers to third countries or international organisations under Article 46, which sets out the rules and requirements for the transfer of personal data to third countries or international organisations based on appropriate safeguards, such as binding corporate rules, standard contractual clauses, codes of conduct or certification mechanisms.

GDPR, Articles 42, 43, 44, 45, 46, 47, 48 and 49.

EDPB Guidelines 1/2018 on certification and identifying certification criteria in accordance with Articles 42 and 43 of the Regulation 2016/679, pages 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15.

Free CIPP/E Study Guide, pages 9, 10, 11 and 12.

Answer : B

The General Data Protection Regulation (GDPR) does not prohibit surveillance of employees in the workplace. Still, it requires employers to follow special rules to ensure that the rights and freedoms of employees are protected when processing their personal data. The GDPR applies to any processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not. The GDPR also applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU.

The GDPR requires that any processing of personal data must be lawful, fair and transparent, and based on one of the six legal grounds specified in the regulation. The most relevant legal grounds for employee surveillance are the legitimate interests of the employer, the performance of a contract with the employee, or the compliance with a legal obligation. The GDPR also requires that any processing of personal data must be limited to what is necessary for the purposes for which they are processed, and that the data subjects must be informed of the purposes and the legal basis of the processing, as well as their rights and the safeguards in place to protect their data.

The GDPR also imposes specific obligations and restrictions on the processing of special categories of personal data, such as biometric data, which reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or which are processed for the purpose of uniquely identifying a natural person. The processing of such data is prohibited, unless one of the ten exceptions listed in the regulation applies. The most relevant exceptions for employee surveillance are the explicit consent of the data subject, the necessity for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law, or the necessity for reasons of substantial public interest.

The GDPR also sets out the rules and requirements for the transfer of personal data to third countries or international organisations, which do not ensure an adequate level of data protection. The transfer of such data is only allowed if the controller or processor has provided appropriate safeguards, such as binding corporate rules, standard contractual clauses, codes of conduct or certification mechanisms, and if the data subjects have enforceable rights and effective legal remedies.

Based on the scenario, the only condition under which the surveillance system could be used on the personal devices of employees is if the employees give valid consent and the monitoring is narrowly limited to their professional tasks. This option is the most consistent with the GDPR's principles and requirements, as it:

Is based on a valid legal ground for the processing of personal data, namely the consent of the data subject, which must be freely given, specific, informed and unambiguous, and which can be withdrawn at any time.

Is limited to what is necessary for the purposes of the monitoring, as it only covers the work-related activities and communications of the employees, and excludes the private or personal ones.

Is transparent to the employees, as it informs them of the monitoring and its precise scope, and gives them the opportunity to object or opt out of the monitoring.

Does not involve the processing of special categories of personal data, such as biometric data or data revealing political opinions or trade union membership, which are not necessary or proportionate for the purposes of the monitoring, and which do not fall under any of the exceptions listed in the regulation.

Does not involve the transfer of personal data to a third country, such as China, which does not provide an adequate level of data protection, and which may pose additional risks for the rights and freedoms of the employees.

The other options listed in the question are not valid conditions for using the surveillance system on the personal devices of employees, as they:

Are not based on a valid legal ground for the processing of personal data, as they either rely on the legitimate interests of the employer, which are not balanced with the rights and freedoms of the employees, or on the compliance with a legal obligation, which does not apply to the use of personal devices.

Are not limited to what is necessary for the purposes of the monitoring, as they involve the collection and processing of excessive and irrelevant personal data, such as camera and microphone monitoring, screen captures, keystrokes, and facial recognition data, which go beyond the scope of the work performed by the employees, and intrude into their private or personal sphere.

Are not transparent to the employees, as they do not inform them of the monitoring and its precise scope, and do not give them the opportunity to object or opt out of the monitoring.

Involve the processing of special categories of personal data, such as biometric data or data revealing political opinions or trade union membership, which are not necessary or proportionate for the purposes of the monitoring, and which do not fall under any of the exceptions listed in the regulation.

Involve the transfer of personal data to a third country, such as China, which does not provide an adequate level of data protection, and which may pose additional risks for the rights and freedoms of the employees.

GDPR, Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 44, 45, 46, 47, 48, and 49.

EDPB Guidelines 3/2019 on processing of personal data through video devices, pages 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14.

EDPB Guidelines 07/2020 on the concepts of controller and processor in the GDPR, pages 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28.

EDPB Guidelines 4/2019 on Article 25 Data Protection by Design and by Default, pages 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28.

EDPB Guidelines 2/2018 on derogations of Article 49 under Regulation 2016/679, pages 4, 5, 6, 7, 8, 9, 10, 11, and 12.

Data protection: GDPR and employee surveilance | Feature | Law Gazette, paragraphs 1, 2, 3, 4, 5, 6, 7, and 8.

Answer : D

The General Data Protection Regulation (GDPR) does not prohibit surveillance of employees in the workplace. Still, it requires employers to follow special rules to ensure that the rights and freedoms of employees are protected when processing their personal data. The GDPR applies to any processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not. The GDPR also applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU.

The GDPR requires that any processing of personal data must be lawful, fair and transparent, and based on one of the six legal grounds specified in the regulation. The most relevant legal grounds for employee surveillance are the legitimate interests of the employer, the performance of a contract with the employee, or the compliance with a legal obligation. The GDPR also requires that any processing of personal data must be limited to what is necessary for the purposes for which they are processed, and that the data subjects must be informed of the purposes and the legal basis of the processing, as well as their rights and the safeguards in place to protect their data.

The GDPR also imposes specific obligations and restrictions on the processing of special categories of personal data, such as biometric data, which reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or which are processed for the purpose of uniquely identifying a natural person. The processing of such data is prohibited, unless one of the ten exceptions listed in the regulation applies. The most relevant exceptions for employee surveillance are the explicit consent of the data subject, the necessity for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law, or the necessity for reasons of substantial public interest.

The GDPR also sets out the rules and requirements for the transfer of personal data to third countries or international organisations, which do not ensure an adequate level of data protection. The transfer of such data is only allowed if the controller or processor has provided appropriate safeguards, such as binding corporate rules, standard contractual clauses, codes of conduct or certification mechanisms, and if the data subjects have enforceable rights and effective legal remedies.

Based on the scenario, the only monitoring that may be lawfully performed within the scope of Gentle Hedgehog's business is the monitoring of emails, website browsing history and camera for internal video calls that are expressly marked as monitored. This option is the most consistent with the GDPR's principles and requirements, as it:

Is based on the legitimate interests of the employer to ensure the productivity, quality and security of the work performed by the employees, as well as the performance of a contract with the employees and the compliance with a legal obligation to prevent fraud and protect confidential information.

Is limited to what is necessary for the purposes of the monitoring, as it only covers the work-related activities and communications of the employees, and excludes the private or personal ones.

Is transparent to the employees, as it informs them of the monitoring and its precise scope, and gives them the opportunity to object or opt out of the monitoring.

Does not involve the processing of special categories of personal data, such as biometric data or data revealing political opinions or trade union membership, which are not necessary or proportionate for the purposes of the monitoring.

Does not involve the transfer of personal data to a third country, such as China, which does not provide an adequate level of data protection, and which may pose additional risks for the rights and freedoms of the employees.

The other options listed in the question are not lawful monitoring within the scope of Gentle Hedgehog's business, as they:

Are not based on a valid legal ground for the processing of personal data, as they either rely on the consent of the employees, which is not freely given, informed and specific, or on the legitimate interests of the employer, which are not balanced with the rights and freedoms of the employees.

Are not limited to what is necessary for the purposes of the monitoring, as they involve the collection and processing of excessive and irrelevant personal data, such as camera and microphone monitoring, screen captures, keystrokes, and facial recognition data, which go beyond the scope of the work performed by the employees, and intrude into their private or personal sphere.

Are not transparent to the employees, as they do not inform them of the monitoring and its precise scope, and do not give them the opportunity to object or opt out of the monitoring.

Involve the processing of special categories of personal data, such as biometric data or data revealing political opinions or trade union membership, which are not necessary or proportionate for the purposes of the monitoring, and which do not fall under any of the exceptions listed in the regulation.

Involve the transfer of personal data to a third country, such as China, which does not provide an adequate level of data protection, and which may pose additional risks for the rights and freedoms of the employees.

GDPR, Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 44, 45, 46, 47, 48, and 49.

EDPB Guidelines 3/2019 on processing of personal data through video devices, pages 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14.

EDPB Guidelines 07/2020 on the concepts of controller and processor in the GDPR, pages 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28.

EDPB Guidelines 4/2019 on Article 25 Data Protection by Design and by Default, pages 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28.

EDPB Guidelines 2/2018 on derogations of Article 49 under Regulation 2016/679, pages 4, 5, 6, 7, 8, 9, 10, 11, and 12.

Data protection: GDPR and employee surveilance | Feature | Law Gazette, paragraphs 1, 2, 3, 4, 5, 6, 7, and 8.

Answer : C

The General Data Protection Regulation (GDPR) does not prohibit surveillance of employees in the workplace. Still, it requires employers to follow special rules to ensure that the rights and freedoms of employees are protected when processing their personal data. The GDPR applies to any processing of personal data in the context of the activities of an establishment of a controller or a processor in the EU, regardless of whether the processing takes place in the EU or not. The GDPR also applies to the processing of personal data of data subjects who are in the EU by a controller or processor not established in the EU, where the processing activities are related to the offering of goods or services to data subjects in the EU or the monitoring of their behaviour as far as their behaviour takes place within the EU.

The GDPR requires that any processing of personal data must be lawful, fair and transparent, and based on one of the six legal grounds specified in the regulation. The most relevant legal grounds for employee surveillance are the legitimate interests of the employer, the performance of a contract with the employee, or the compliance with a legal obligation. The GDPR also requires that any processing of personal data must be limited to what is necessary for the purposes for which they are processed, and that the data subjects must be informed of the purposes and the legal basis of the processing, as well as their rights and the safeguards in place to protect their data.

The GDPR also imposes specific obligations and restrictions on the processing of special categories of personal data, such as biometric data, which reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or which are processed for the purpose of uniquely identifying a natural person. The processing of such data is prohibited, unless one of the ten exceptions listed in the regulation applies. The most relevant exceptions for employee surveillance are the explicit consent of the data subject, the necessity for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law, or the necessity for reasons of substantial public interest.

The GDPR also sets out the rules and requirements for the transfer of personal data to third countries or international organisations, which do not ensure an adequate level of data protection. The transfer of such data is only allowed if the controller or processor has provided appropriate safeguards, such as binding corporate rules, standard contractual clauses, codes of conduct or certification mechanisms, and if the data subjects have enforceable rights and effective legal remedies.

Based on the scenario, the primary privacy risks of the planned surveillance system are the excessive scope of monitoring and the lack of legitimate purpose for data collection. The surveillance system involves the collection and processing of a large amount of personal data, including special categories of personal data, such as biometric data and data revealing political opinions or trade union membership, from the employees' devices and communications. The surveillance system also involves the transfer of personal data to a third country, China, which does not provide an adequate level of data protection. The surveillance system does not seem to have a clear and specific purpose that is necessary and proportionate to the legitimate interests of the employer, such as preventing fraud, ensuring network security, or complying with legal obligations. The surveillance system also does not seem to respect the principles of data minimisation, purpose limitation, transparency, and accountability. The surveillance system may infringe the rights and freedoms of the employees, such as the right to privacy, the right to data protection, the right to non-discrimination, the right to dignity, and the right to freedom of expression and association.

GDPR, Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 44, 45, 46, 47, 48, and 49.

EDPB Guidelines 3/2019 on processing of personal data through video devices, pages 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14.

EDPB Guidelines 07/2020 on the concepts of controller and processor in the GDPR, pages 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28.

EDPB Guidelines 4/2019 on Article 25 Data Protection by Design and by Default, pages 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28.

EDPB Guidelines 2/2018 on derogations of Article 49 under Regulation 2016/679, pages 4, 5, 6, 7, 8, 9, 10, 11, and 12.

Data protection: GDPR and employee surveilance | Feature | Law Gazette, paragraphs 1, 2, 3, 4, 5, 6, 7, and 8.