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All Jurisprudence based

0 tracked cards Political and Public International Law

EduNova, a Philippines-based online education platform, collects at sign-up: full name, email address, age, location, and course interests. The privacy notice states data will be used to provide and improve services and may be shared with affiliates. Six months later, EduNova signs a contract with IntelliData, a data analytics firm, to develop personalized learning-path profiles to tailor course recommendations, using only data already held by EduNova. Ana Santos, a user, objects, arguing that the new use is a different purpose not originally disclosed and requires separate consent. EduNova contends the new use is within the original purpose because it helps improve services and constitutes sharing with affiliates under the Terms. (a)Identify the General Data Privacy Principle at issue and state the controlling rule. (b)Classify EduNova’s roles as data controller or data processor with respect to IntelliData, and assess whether the processing complies with the principle identified in (a). (c)Assuming the processing is not within the original purpose, outline Ana's remedies under the Data Privacy Act of 2012 and potential penalties for EduNova.

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Identify the General Data Privacy Principle at issue as data security; the controlling rule is that appropriate security measures must be implemented; the scenario concerns purpose and roles rather than security; remedies include penalties for breach of security obligations. Identify the General Data Privacy Principle at issue as purpose limitation; the controlling rule is that personal data may be processed only for the declared legitimate purpose in the privacy notice, and any new purpose must be compatible with that original purpose or require separate consent; EduNova is the data controller for the data it collects and IntelliData acts as a data processor; if the new processing is outside the original purpose, the data subject may seek remedies including injunctive relief, damages, and penalties under the Data Privacy Act. Identify the General Data Privacy Principle at issue as cross-border transfer; the controlling rule is that transfers to foreign countries require safeguards; there is no cross-border transfer here; EduNova remains the controller; remedies relate to enforcement for transfer violations. Identify the General Data Privacy Principle at issue as retention; the controlling rule is that data should be retained only as long as necessary for the declared purpose; EduNova remains the data controller; IntelliData is the processor; remedies focus on data deletion if retention is improper.

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