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Exam AIGP topic 1 question 124 discussion

Actual exam question from IAPP's AIGP
Question #: 124
Topic #: 1
[All AIGP Questions]

According to the GDPR, an individual has the right to have a human confirm or replace an automated decision unless that automated decision:

  • A. Is authorized with the data subject’s explicit consent.
  • B. Is authorized by applicable EU law and includes suitable safeguards.
  • C. Is deemed to solely benefit the individual and includes documented legitimate interests.
  • D. Is necessary for entering into or performing under a contact between the data subject and data controller.
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Suggested Answer: B 🗳️

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243426b
1 week, 5 days ago
Selected Answer: A
The correct answers according to GDPR are: A. Is authorized with the data subject’s explicit consent. B. Is authorized by applicable EU law and includes suitable safeguards. D. Is necessary for entering into or performing under a contract between the data subject and data controller. These are the three lawful bases in GDPR Article 22 where fully automated decisions can be made without a required human override, so long as the appropriate safeguards are also in place. The "solely benefit" and legitimate interests basis (option C) is not a recognized exception for automated decisions under GDPR.
upvoted 1 times
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slayer78
2 months, 1 week ago
Selected Answer: A
Tricky question, contract, not contact. Going with A.
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HarishMahadevan
3 months, 3 weeks ago
Selected Answer: C
The answer is all 4. https://gdpr-info.eu/art-22-gdpr/ if the decision: is necessary for entering into, or performance of, a contract between the data subject and a data controller; is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or is based on the data subject’s explicit consent.
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Tagwa
3 months, 4 weeks ago
Selected Answer: C
This is not a valid exception under Article 22. Legitimate interest is not sufficient on its own to justify automated decisions that significantly affect individuals. GDPR requires stronger legal grounds such as explicit consent, contractual necessity, or legal authorization.
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