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GDPR practical examples part 2

Gregor Prajs
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GDPR practical examples part 2

This is the second part about GDPR. The first part of GDPR-practical examples is also available.

Can a statutory authority discharge its obligations in regard to data protection by outsourcing the collection, storage, and processing of personal data to another organization?

No. If data handling is outsourced then the company is acting as a data controller and the company which provides outsourcing as a processor, but both have obligations under GDPR.

An online retailer uses a payment company to process its customer transactions. Is the payment company acting as the data processor for the retailer?

No.

The payment company exercises the control over the type of information collected about customers from the retailer, decides how the information is processed and how long it is kept, and has its own terms and conditions that apply directly to the customers.

GDPR with examples

Can personal data be transferred out of one of the EU country except to another member state of the EEA?

It depends.

Subject data may be transferred to another country outside the EEA, if that country’s data protection laws have been approved by the European Commission, or if the level of protection has been assessed as adequate. For countries where the Commission has not made a ruling that there are adequate safeguards, personal data may still be transferred to those countries under certain specific circumstances. These include where the transfer is not made by a public authority in the exercise of its powers, involves data related to only a limited number of individuals, or is necessary for compelling legitimate interests of an organization.

Can personal data be transferred out of the one of the EU country provided that the destination country’s data protection laws have been approved by the European Commission?

Yes.

The European Commission publishes a list of countries whose data protection laws and rights have been reviewed and are deemed adequate (see https://gdpr-info.eu/issues/third-countries/).

Simply assessing the rights of data subjects in the destination country is insufficient: the level of rights must be shown to be ‘adequate’.

The controller must ensure in another way that the personal data will be sufficiently protected by the recipient. This can be assured using standard contractual clauses, for data transfers within a group through so-called “binding corporate rules,” through the commitment to comply with codes of conduct which have been declared by the European Commission as being generally applicable, or by certification of the data processing procedure.

Major challenges schools are currently facing

Gregor Prajs
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Major challenges schools are currently facing

Elementary school is an integral part of children’s lives. Primary education prepares and introduces children to a new part of their lives. They’ll get some general and vital pieces of information and knowledge – they’ll learn how to read, write, how to study, how to do the math and many other things. This level of education offers knowledge and preparation for a higher level of education and more complicated curriculum units. Besides new, general knowledge, the elementary school teaches children to socialize, to be tolerant, to work in teams, accept criticism and work on improvement, to be empathetic and kind. That is a part of their life that will not only teach them new knowledge but will also nurture them into good human beings. Unfortunately, things aren’t always as they should be. Here are five issues with today’s elementary schools.

Grading system

There are many things wrong with the grading system in elementary schools, and the most common is unfairness, difficulty in adequately measuring someone’s knowledge and the fact that grades will have a demotivating effect on students. The typical grading system undermines creativity and learning while encouraging students to learn just for the mark, valuing evaluation more than the knowledge itself. That can lead to students quickly forgetting what they have learned with every new unit that comes their way.

Stage on sage education philosophy

With a teacher as an actual instructor in most of the elementary school’s classrooms, learning is becoming more and more annoying. Rather than the way of thinking where teachers are the ones with all the knowledge to be shared with the students, schools should have a “guide on the side” philosophy. That means that teachers would be the ones to help students discover new knowledge and to guide them in the right direction. Elementary school education should be fun and creative and not as dull as if they are already in college.

Relevance

There are many not needed units in elementary schools that students have to learn and practice every day. Even at a young age, the curriculum forces students to learn different dull facts that don’t have a purpose in their lives. Instead of that kind of unnecessary knowledge, the elementary school should be a place where children can learn to think outside the box, to solve different problems and develop critical learning, to develop curiosity and courage to ask lots of questions.

Imagination and coloring inside the lines

Currently, teachers are teaching for tests, students learn for the grades by memorization, and all the imagination and creativity is lost in the middle of it. Students follow and perform instead of exploring and enjoying new things. Children in elementary school are full of imagination, and the curriculum should take advantage of that fact and provide more creative content where children can use their imagination to solve different problems and learn at the same time.

Boring factor

Most students don’t like going to school and think that school is boring. They don’t have any fun with learning and have to get through a few hours of calmly sitting in their chairs. Lessons are dull, uninspiring and repetitive. Teachers should replace dry lecture styles with those that can quickly transform uninteresting topics into fun new experiences. Include games, quizzes, puzzles, or use fun presentation, and students will show more interest and have fun while learning.

Elementary school is essential. It’s something we remember and values throughout our whole life. That’s why a primary school must offer high-quality education and positive experiences.

Laughing through GDPR: Practical Examples for Data Protection in Europe

Gregor Prajs
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Laughing through GDPR: Practical Examples for Data Protection in Europe

Does GDPR apply only to data that is processed, or intended to be processed, by automatic means?

The GDPR covers the processing of personal data in two ways:

  • personal data processed wholly or partly by automated means (that is, information in electronic form); and
  • personal data processed in a non-automated manner which forms part of, or is intended to form part of, a ‘filing system’ (that is, manual information in a filing system).

Does GDPR cover any data about any individual?

Personal data means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

If individuals cannot be identified then the GDPR does not apply.

Is data recorded about the number of times a user accesses a website personal data?

Yes, if user is identifiable. If they are then the GDPR would regard this as personal data as the person:

  • can be identified or who are identifiable, directly from the information in question; or
  • who can be indirectly identified from that information in combination with other information

Analytical data collected about the visitors to a website would also be classed as personal data if identifying information, such as the users’ IP addresses, were collected. This is because it is possible to trace an individual household through an IP address.

Is a data controller an individual, organization, or corporation, who decides the purposes and manner in which personal data is processed?

Yes. The GDPR says that a controller is indicated if:

  1. We decide to collect or process the personal data.
  2. We decide what the purpose or outcome of the processing will be.
  3. We decide what personal data should be collected.
  4. We decide which individuals to collect personal data about.
  5. We obtain a commercial gain or other benefit from the processing, except for any payment for services from another controller.
  6. We are processing the personal data as a result of a contract between us and the data subject.
  7. The data subjects are our employees.
  8. We make decisions about the individuals concerned as part of or as a result of the processing.
  9. We exercise professional judgement in the processing of the personal data.
  10. We have a direct relationship with the data subjects.
  11. We have complete autonomy as to how the personal data is processed.
  12. We have appointed the processors to process the personal data on our behalf.

Can data processor be held legally responsible for the processing of personal data undertaken for a data controller?

No, since GDPR says “Individuals and supervisory authorities can hold both controllers and processors to account if they fail to comply with their responsibilities under the GDPR.”

A call centre operator is engaged in providing customer services for another company. The call centre staff access the customer database following strict, written contractual arrangements. Is the call centre the data controller for the GDPR?

No, the call centre operator makes use of an existing customer database and therefore has no control over what data is collected or who the data is collected from. “If you exercise overall control of the purpose and means of the processing of personal data – i.e. you decide what data to process and why – you are a controller.”

Second part of GDPR – practical examples is also available.

What makes a great teacher – part 2

Gregor Prajs
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0
What makes a great teacher – part 2

A great teacher is empathetic

Great teachers will always show exceptional empathy and teach their students to be empathetic. Children learn by observing, and if a teacher sets an example and shows understanding, children will adopt this pattern of behaviour. Showing empathy in the classroom will build positive classroom culture; it will strengthen the classroom community and prepare children to be empathetic further on in life. Children will know they can count on a teacher at any time and will entrust any problem they may have. It’s more important than ever for teachers to be empathetic and to teach children to be the same.

Words good, better, best word on the stairs up

A great teacher is adaptable

Sometimes things don’t go the way we planned them, and despite all of our efforts to make it work, we have to adjust. That is happening daily in classrooms. It is crucial teachers know how to improvise and adapt quickly. If a teacher has planned to teach the new lesson in a certain way using specific methods, but it doesn’t work, he should be able to come up with new ideas to show on the spot and still achieve the intended goals.

A great teacher has clear objectives

Students need to know what the teacher expects from them at all times. A great teacher will have lesson plans with clear goals, giving students a clear idea about what they’re learning, what the teacher expects from them, and the lesson’s main goals. All the assignments should be announced and explained clearly, and teachers should inform students about the grading policy.

A great teacher will practice self-reflection

Everyone can make mistakes, even great teachers. Teachers don’t have to be perfect all the time but should be ready to work and grow. To become better at teaching and achieve the qualities of a great teacher, they should be prepared to reflect and examine their attitudes, methods, goals, effectiveness of their processes and overall attainments. Great teachers will always have time to consider their classroom role. They should consider what they’ve achieved and what they want to accomplish in the future. This can be done daily or weekly by using different methods such as writing in a lesson journal, observing other classes to see different teaching methods and even recording their lessons with the parent’s permission.

Coronavirus – what I need to know

Gregor Prajs
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0
Coronavirus – what I need to know

The best way to protect yourself is to follow the appropriate hygiene measures, as recommended by WHO to fight the viral infection:

Wash your hands frequently

Wash your hands frequently with soap and water or use an alcohol-based hand rub if your hands are not visibly dirty.
Why? Washing your hands with soap and water or using alcohol-based hand rub eliminates the virus if it is on your hands.

wash hands

Practice respiratory hygiene

When coughing and sneezing, cover mouth and nose with flexed elbow or tissue – discard tissue immediately into a closed bin and clean your hands with alcohol-based hand rub or soap and water.
Why? Covering your mouth and nose when coughing and sneezing prevent the spread of germs and viruses. If you sneeze or cough into your hands, you may contaminate objects or people that you touch.

Maintain social distancing

social distancing 1 m

Maintain at least 1 metre (3 feet) distance between yourself and other people, particularly those who are coughing, sneezing and have a fever.
Why? When someone who is infected with a respiratory disease, like 2019-nCoV, coughs or sneezes they project small droplets containing the virus. If you are too close, you can breathe in the virus.

Avoid touching eyes, nose and mouth

Why? Hands touch many surfaces which can be contaminated with the virus. If you touch your eyes, nose or mouth with your contaminated hands, you can transfer the virus from the surface to yourself.

avoid touching eyes

If you have fever, cough and difficulty breathing, seek medical care early

Tell your health care provider if you have travelled in an affected areas where 2019-nCoV has been reported, or if you have been in close contact with someone with who has travelled there.
Why? Whenever you have fever, cough and difficulty breathing it’s important to seek medical attention promptly as this may be due to a respiratory infection or other serious condition. Respiratory symptoms with fever can have a range of causes, and depending on your personal travel history and circumstances, 2019-nCoV could be one of them.

If you have mild respiratory symptoms

If you have mild respiratory symptoms carefully practice basic respiratory and hand hygiene and stay home until you are recovered, if possible.

As a general precaution, practice general hygiene measures when visiting live animal markets, wet markets or animal product markets

Ensure regular hand washing with soap and potable water after touching animals and animal products; avoid touching eyes, nose or mouth with hands; and avoid contact with sick animals or spoiled animal products. Strictly avoid any contact with other animals in the market (e.g., stray cats and dogs, rodents, birds, bats). Avoid contact with potentially contaminated animal waste or fluids on the soil or structures of shops and market facilities.

Avoid consumption of raw or undercooked animal products

Resource: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/advice-for-public

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