CIPPE Flashcards
Who gives adequacy decision to transfer data outside the EU?
European Commission
Article 8 of the Convention– Right to respect for private and family life
“1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Which statement is correct about 8th article of European Convention on Human Rights?
The right to privacy has to be balanced with other rights in ECHR.
What is the difference between ECHR and CJEU?
CJEU can force national governments to implement and honour EU law, ECHR cannot.
Which institution can propose legislation about data protection on its own?
European Commission
What is one major goal that the OECD Guidelines, Convention 108 and the Data Protection Directive (Directive 95/46/EC) all had in common but largely failed to achieve in Europe?
The synchronization of approaches to data protection
A key component of the OECD Guidelines is the “Individual Participation Principle”.
What parts of the General Data Protection Regulation (GDPR) provide the closest equivalent to that principle?
The rights granted to data subjects under Articles 12 to 22
What is required for a company to market to EU consumer via Email?
Prior opt in consent
OR
Previous consumer purchase
How many EU member states are there?
28
What is special about the Universal Declaration of Human Rights?
- The Human Rights Declaration contains specific provisions in connection with the right to a private and family life and to freedom of expression. (Basis of EU laws and standards)
- Article12: Private life and associated freedoms.
- Article19: Freedom of expression
- Article29(2): individual rights are not absolute and that there will be instances where a balance must be struck. (morality, public order and the general welfare in a democratic society)
What is the application scope of the European Convention of Human Rights? (ECHR)
Member states of Council of Europe
Why ECHR is a powerful instrument?
Because of the scope of the fundamental rights and freedoms, it protects. These include the right to life; prohibition of
torture; prohibition of slavery and forced labor; right to liberty and security; right to a fair trial; no punishment without law; respect for private and family life; freedom of thought, conscience, and religion; freedom of expression; freedom of
assembly and association; right to marry; right to an effective remedy; and prohibition of discrimination.
What is the enforcement mechanism of the European Convention on Human Rights?
European Court of Human Rights (Strasbourg)
What can the European Court of Human Rights rule and are they binding?
Rulings of the European Court of Human Rights are binding on
the states concerned and can lead to an amendment of legislation or a change in practice by national governments. At the request of the Committee of Ministers of the Council of Europe, the European Court of Human Rights may also give
advisory opinions that concern the interpretation of the ECHR and the protocols.
Who and when adopted Universal Declaration of Human Rights?
-Adopted by the General Assembly of United Nations on 10 December 1948.
What is common for Human Rights Declaration and ECHR?
Both the Human Rights Declaration and the ECHR inherently recognize a need for balance between the rights of individuals and the justifiable interference with these rights, which is a recurring theme within data protection law.
Which European countries have data protection in their constitutions?
Spain, Portugal and Austria
What is the most important guideline of OECD in the data privacy field?
Protection of Privacy and Transborder Flows of Personal Data (1980)
What is the aim of OECD guidelines about transborder data transfer?
The aim of the Guidelines is to strike a balance between protecting the privacy and the rights and freedoms of individuals without creating any barriers to trade and allowing the uninterrupted flow of personal data across national borders.
What are the principles of OECD transborder data flow guidelines?
- Collection limitation
- Data Quality
- Purpose specification
- Security Safeguards
- Openness
- Individual Participation
- Accountability
Who and when adopted Convention 108?
28 January 1981 - Council of Europe
What is the first binding international instrument on data protection?
Convention 108
What is the only exception that parties can include to Convention 108?
Necessary measure in a democratic society’ (e.g., state
security or criminal investigation) reflecting the proportionality requirements embodied in Articles 6, 8, 10 and 11 of the ECHR.
When parties can derogate from international data transfer under Convention 108?
Derogation from the provisions is permitted only where the exporting country has in place specific rules in its national law for certain categories of personal data or of automated personal data files and the importing country does not provide
equivalent protection or where the transfer is to a country that is not a party to Convention 108.
What was the drawback of the 1995/46/EC Directive?
Directives are a form of legislation binding upon member states, but they ‘leave to the national authorities the choice of form and methods’ for implementation.
What went specifically wrong with the 1995/46/EC Directive?
One example of inconsistencies arising due to divergence in the national law concerned the requirement for businesses to notify the Data Protection Authorities (DPAs) of their processing details. The national laws of the member states differed considerably as to their requirements in this regard, which resulted in substantial bureaucracy and cost for businesses, particularly for those that also transfer personal information to countries outside the EU.
