Data Protection As A Human Right Flashcards
What international rights are relevant?
ECHR art. 8 = right to private life
ECHR art. 10 = right to expression and to recieve information
Charter art. 7 = right to private life
Charter art. 8 = protection of personal data
Charter art. 11 = right to expression and recieve information
What GDPR article is particularly relevant? (Human rights)
GDPR art. 85 = Member States shall reunite the right to the protection of personal data to the rigt to freedom of expression and information
Can you name a few of the criterias the court should consider when balancing the right to protection of personal data and freedom of expression?
i) contribution to a debate of general interest
ii) how well-known the person concerned is
iii) what the subject of the report
iv) method of obtaining the information
What other rights are relevant in regard of Human rights? (Besides the obvious)
i) the right to access to official documents (see GDPR art. 86)
ii) freedom of religion and belief (see GDPR art. 91)
iii) freedom of the arts and science (see GDPR art. 5(1)(e))
iv) protection of intellectual property
What is the Satamedia case about?
It’s about a finish newspaper who posted tax information about 1.2 million persons.
The court ruled that data activities related to publishing documents in a public domain must be considered as solely for journalistic purposes (freedom of expression)
