1 - European Institutions and Legislative Framework

Question 1

When was Universal Declaration of Human Rights codified?

Answer 1

Proclaimed by the United Nations General Assembly on December 10, 1948.

Considered to have paved the way for human rights and data privacy laws.

Question 2

Article 12 - Right to Privacy; Article 19 - Right to Free Speech; and Article 19(2) - Balance; are part of what law?

Answer 2

Universal Declaration of Human Rights

Question 3

True or False: The Universal Declaration of Human Rights is binding law?

Answer 3

False - declaration by the UN is not legally binding.

Question 4

When was the European Convention on Human Rights codified and by what organization?

Answer 4

Council of Europe, drafted in 1950 and entered into force on September 3, 1953.

All Council of Europe members states are expected to ratify ECHR at earliest opportunity.

Question 5

True or False: The European Convention on Human Rights is binding law?

Answer 5

True for member states who ratified it.

Question 6

What are the key privacy articles for the European Convention on Human Rights?

Answer 6

Article 8 - Right to privacy (right to personal information remaining private)
Article 10(1) - Freedom of Speech
Article 10(2) - Balance

Question 7

What is convention 108?

Answer 7

Passed Council of Europe in 1980s, convention requires signatories to apply the principles of convention 108 in their domestic legislation.

First legally binding international instrument in the data protection field.

“Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data.”

Question 8

Who passed convention 108?

Answer 8

Council of Europe

Question 9

Define the E-Commerce directive of 2000. (Electronic Commerce)

Answer 9

Charter of Fundamental Rights of the EU
E-Commerce Directive of 2000 (Directive 2000/31/EC) - issues related to the processing of personal data are outside its scope.

Sets up an internal market framework for online services

Question 10

What is the European Court of Human Rights

Answer 10

Established in Strasbourg, key system of enforcement for the ECHR (European Convention on Human Rights)

Question 11

What are the OECD Guidelines?

Answer 11

In September 1980, OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data

Developed by… Organisation for Economic Co-operation and Development

These guidelines laid out basic rules that govern transborder data flows and the protection of personal information and privacy.

Question 12

Are the OECD Guidelines legally binding?

Answer 12

No, intended to be flexible and service either as basis for local legislation or a set of principles to be built into existing legislation.

Question 13

What are some of the key principles established by OECD Guidelines?

Answer 13

Data controllers should follow these key principles:

+ Collection limitation (collected fairly)
+ Data Quality (relevant, complete and accurate)
+ Purpose Specification (purpose must be specified before collection)
+ Use Limitation
+ Security Safeguards
+ Openness
+ Individual Participation
+ Accountability

Question 14

What is the title of Convention 108?

Answer 14

Convention for the Protection of Individuals with Regard to AUTOMATIC PROCESSING OF PERSONAL DATA.

Question 15

When was Convention 108 adopted?

Answer 15

Adopted by the Council of Europe and open for signature for member states of the Council of Europe 28 January 1981.

Question 16

True or False: Convention 108 was the first binding international instrument to set standard for the protection of individual personal data while balancing need to maintain flow of data for personal trade?

Answer 16

True.

Question 17

What are the three main parts of Convention 108?

Answer 17

1. Substantive law provisions in the form of basic principles.
2. Special rules on transborder data flows
3. Mechanisms for mutual assistance AND consultation between the parties.

Question 18

What was the first LEGALLY BINDING instrument in the area of data privacy?

Answer 18

Convention 108

Question 19

What organization adopted Convention 108?

Answer 19

Council of Europe, January 1981.

Question 20

When the European Commission adopts “Directives” are these binding on member states?

Answer 20

YES.

Directives are a form of legislation binding upon Member states, but implementation is up to the individual Members.

This approach was flawed due to the diversity of national approaches.

Question 21

What is Directive 92/46/EC?

Answer 21

The “Data Protection Directive”, the aim was to further reconcile protecting individual privacy rights with the free flow of data from one member state to another.

Question 22

What charter was signed in December 2000 and specifically refers to the protection of data?

Answer 22

Charter of Fundamental Rights of the EU

Question 23

What is the Treaty of Lisbon?

Answer 23

Signed by EU member states, its main aim is to strengthen and improve the cord structures of the EU.

Article 16(2) specific mentions personal data.

Question 24

What rights are established by Article 12(2) of the Treat of Lisbon?

Answer 24

Article 16(2) - ensures all institutions of the EU must protect individuals when processing personal data.

Question 25

When was GDPR enforceable?

Answer 25

Became fully enforceable by DPAs 25 May 2018.

Question 26

How is GDPR binding on member states?

Answer 26

GDPR regulations are binding in their entirety and apply directly to all member states upon entry into force without the need to be transposed into national law.

Question 27

What is Convention 108+ and when was it signed?

Answer 27

Modernizes Convention 108 and signed October 2018.

Question 28

What is the Law Enforcement Data Protection Directive and when was it codified?

Answer 28

May 2016 signed. Originally introduced by the European Commission and governs use of personal data by law enforcement authorities.

Question 29

What is the ePrivacy Directive and when was it finalized?

Answer 29

ePrivacy Directive sets our rules relating to processing personal data across public communication networks.

Question 30

What is the Treaty of Rome and when was it finalized?

Answer 30

1957 - establishing the European Economic Community

Question 31

What is the Merger Treaty and when was it finalized?

Answer 31

Merger Treaty (1965) “Single Counsel and Single Commission of the European Communities” - established the Common Market, created the European Commission, the Council of Ministers, the CJEU and the European Parliament.