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IAPP Exam CIPP-E Topic 3 Question 108 Discussion

Actual exam question for IAPP's CIPP-E exam
Question #: 108
Topic #: 3
[All CIPP-E Questions]

Start-up company MagicAI is developing an AI system that will be part of a medical device that detects skin cancer. To take measures against potential bias in its AI system, the IT Team decides to collect data about users' ethnic origin, nationality, and gender.

Which would be the most appropriate legal basis for this processing under the GDPR, Article 9 (Processing of special categories of personal data)?

Show Suggested Answer Hide Answer
Suggested Answer: A

Article 9 of the GDPR outlines strict conditions for processing special categories of personal data, which includes data revealing racial or ethnic origin. While options B, C, and D might seem relevant, they don't fully align with the core purpose of MagicAI's data collection.

Here's why option A is the most appropriate:

Scientific Research: MagicAI aims to improve the accuracy and fairness of its AI system by understanding how it performs across different ethnicities, nationalities, and genders. This directly ties into scientific research aimed at improving healthcare and reducing bias in medical technology.

It's important to note that even with 'scientific research' as the legal basis, MagicAI must still adhere to strict safeguards, such as:

Data Minimization: Collecting only the data absolutely necessary for the research.

Purpose Limitation: Using the data solely for the defined scientific purpose.

Appropriate Security Measures: Protecting the data against unauthorized access or disclosure.

Ethical Review: Ideally, obtaining ethical approval for the research project.


GDPR Article 9 - Processing of special categories of personal data

GDPR Recital 159 - Conditions for processing special categories of data for scientific research purposes

IAPP CIPP/E textbook, Chapter 2: Key Data Protection Principles (specifically, sections on special categories of data)

Contribute your Thoughts:

Dean
2 days ago
I agree, option A is the way to go. Collecting this data is essential for the proper development of the AI system and to ensure it doesn't discriminate.
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Matthew
3 days ago
Processing necessary for scientific or statistical purposes is the most appropriate legal basis here. The AI system is being developed for medical purposes, and collecting data on ethnicity, nationality, and gender is crucial to ensure the system is unbiased and accurate.
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Mi
5 days ago
But wouldn't A) Processing necessary for scientific or statistical purposes also be a valid option in this case?
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Karon
9 days ago
I agree with Alease, collecting data for medical purposes seems to align with that option.
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Alease
12 days ago
I think the most appropriate legal basis would be C) Processing necessary for purposes of preventive or occupational medicine.
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