EXAM PREP 2026 FULL EXAMINATION Q&A
100% CORRECT
◉ Art. 29 Data Protection Act 1998. Answer: Working Party
◉ Sec. 1 Data Protection Act 1998. Answer: "Processing" =
alteration, consultation, organisation
◉ Bodil Lindqvist. Answer: Personal blog with details of her friends
activities without permission from friend. ECJ: identifying
others/referring to them by name = "processing". DPD applies to
online as well as manual processing. DPD applies to anything put
online, even if it is for non-economic purposes, because it is
broadcast to an indeterminate number of people, ECJ left it to the
national court to balance DPD with Art. 10 ECHR. Loading
information into a webpage that can be viewed worldwide does not
amount to 'transferring' it overseas
= strict, seems to ignore the home use defence
◉ Johnson v MDU. Answer: Sought advice from union and this was
used against him when he tried to renew his membership to the
union. Held that processing data for risk assessment of members =
fair and reasonable usage because J gave his consent to the
processing by renewing his membership
, --> but this did have a major effect on J's career, is it really fair?
◉ R v Brown. Answer: Under old law, just looking at the data didn't
constitute liability because processing was defined as "use". Would
be decided differently now, looking at data = sufficient for liability
under Sec. 1 "processing"
◉ Durant. Answer: "processing" = can be automatic or manual
"personal data" "relating to" = merely being mentioned in a file is not
sufficient to being their own personal data, the Art. 29 WP definition
of "personal data" is too broad. "personal data" = relating to, and
"relating to" =
(a) Info must be *Biographical*
(b) have the individual as its *Focus*
--> does mean that this is a retroactive system of law, don't know
until you process the data if it is biographical/what the focus of the
data is = problem with the DPA 1998
◉ Sec. 1(1) Data Protection Act 1998. Answer: "personal data" = any
info relating to the identified or identifiable person