SCENARIO Please Use the Following to Answer the Next Question

question 33

Multiple Choice

SCENARIO Please use the following to answer the next question: Ben is a member of the fitness club STAYFIT. This company has branches in many EU member states, but for the purposes of the GDPR maintains its primary establishment in France. Ben lives in Newry, Northern Ireland (part of the U.K.) , and commutes across the border to work in Dundalk, Ireland. Two years ago while on a business trip, Ben was photographed while working out at a branch of STAYFIT in Frankfurt, Germany. At the time, Ben gave his consent to being included in the photograph, since he was told that it would be used for promotional purposes only. Since then, the photograph has been used in the club's U.K. brochures, and it features in the landing page of its U.K. website. However, the fitness club has recently fallen into disrepute due to widespread mistreatment of members at various branches of the club in several EU member states. As a result, Ben no longer feels comfortable with his photograph being publicly associated with the fitness club. After numerous failed attempts to book an appointment with the manager of the local branch to discuss this matter, Ben sends a letter to STAYFIT requesting that his image be removed from the website and all promotional materials. Months pass and Ben, having received no acknowledgment of his request, becomes very anxious about this matter. After repeatedly failing to contact STAYFIT through alternate channels, he decides to take action against the company. Ben contacts the U.K. Information Commissioner's Office ('ICO' - the U.K.'s supervisory authority) to lodge a complaint about this matter. Assuming that multiple STAYFIT branches across several EU countries are acting as separate data controllers, and that each of those branches were responsible for mishandling Ben's request, how may Ben proceed in order to seek compensation?

• A) He will have to sue the STAYFIT's head office in France, where STAYFIT has its main establishment.
• B) He will be able to sue any one of the relevant STAYFIT branches, as each one may be held liable for the entire damage.
• C) He will have to sue each STAYFIT branch so that each branch provides proportionate compensation commensurate with its contribution to the damage or distress suffered by Ben.
• D) He will be able to apply to the European Data Protection Board in order to determine which particular STAYFIT branch is liable for damages, based on the decision that was made by the board.

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Definitions:

Scientific Inquiry

The process of using empirical evidence, logical reasoning, and skeptical evaluation to investigate natural phenomena and acquire knowledge.

Falsified

Falsified refers to information or data that has been deliberately altered or fabricated to deceive.

Adversarial

Pertaining to or involving opposition or conflict, often used to describe a competitive or confrontational situation.

Peer Review

A scholarly assessment where researchers evaluate a colleague's work for quality and validity before it is published.