ISC2 Certified Cloud Security Professional (CCSP) Practice Question
A U.S.-based healthcare organization uses a cloud-hosted electronic health-record (EHR) service that stores patient data in the provider's primary data center located in Germany. The provider has not (yet) self-certified under the EU-U.S. Data Privacy Framework. To improve performance for American clinicians, the organization asks the provider to keep a near-real-time replica of the EHR database in the provider's U.S. region. Which single action best satisfies the GDPR's legal requirement for lawfully transferring this sensitive personal data from the EU to the United States?
Encrypt the database during replication using TLS 1.2 and invoke the GDPR's security exception for international transfers.
Rely on the cloud provider's lapsed EU-U.S. Safe Harbor certification as evidence of adequate protection.
Execute the European Commission's Standard Contractual Clauses (SCCs) between the German data exporter and the U.S. data importer before any replication occurs.
Seek a one-time blanket consent from all patients authorizing future transfers of their data outside the European Economic Area.
Because the cloud provider has not self-certified under the EU-U.S. Data Privacy Framework, the European Commission's adequacy decision for participating U.S. organisations does not apply. The transfer therefore requires another Article 46 safeguard. Executing the European Commission's Standard Contractual Clauses (SCCs) between the German data exporter and the U.S. data importer is the most straightforward and widely used option. SCCs impose GDPR-equivalent obligations on the importer and preserve data-subject rights, making the replication lawful.
Relying on a one-time blanket consent fails because GDPR consent must be specific, informed, and revocable, and is rarely appropriate for large-scale, ongoing health-data transfers. The EU-U.S. Safe Harbor was invalidated in 2015 and no longer provides any legal basis. Encrypting data in transit is a security measure, not an independent legal mechanism for international transfers; a valid transfer safeguard such as SCCs or Binding Corporate Rules is still required.
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