SCENARIO Please Use the Following to Answer the Next Question

question 121

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. Under the cooperation mechanism, what should the lead authority (the CNIL) do after it has formed its view on the matter?

• A) Submit a draft decision to other supervisory authorities for their opinion.
• B) Request that the other supervisory authorities provide the lead authority with a draft decision for its consideration.
• C) Submit a draft decision directly to the Commission to ensure the effectiveness of the consistency mechanism.
• D) Request that members of the seconding supervisory authority and the host supervisory authority co-draft a decision.

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Definitions:

Supervisors

Individuals who oversee the work of others, responsible for guiding, managing, and evaluating the performance of subordinates.

Sexual Harassment

Unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature in the workplace or learning environments.

Work

Any productive activity through which an individual, group, or organization aims to achieve a goal and earn compensation.

Sexual Harassment

Inappropriate sexual proposals, demands for sexual privileges, and various types of sexual harassment through words or actions.