Data Protection Laws (1) Flashcards
What is the Council of Europe and how many members does it have?
International organization
46 member states
What are the 2 privacy laws under the Council of Europe?
- European Convention on Human Rights (ECHR)
- Convention 108 (first legally binding international instrument in data protection)
What is the European Union?
Economic and Political union
27 member states
(not Switzerland or UK)
What are the 6 privacy laws under the EU?
- Charter of Fundamental Rights of the EU
- Treaty on the Functioning of the EU
- Lisbon Treaty (improved the TFEU)
- General Data Protection Regulation (GDPR)
- ePrivacy Directive (communications)
- national data protection laws across Europe
What is the European Economic Area (EEA)?
EU countries (27)
+
3 (Iceland, Norway, Liechtenstein)
What is the European Free Trade Association (EFTA)?
trade agreement
all EU + EEA + Switzerland
Which countries does the GDPR apply to?
All EU countries (27)
not UK or Switzerland
What is the Court of Justice of the EU?
Judicial body of the EU
Decides and enforces EU law
Which court hears cases on data protection as brought by national courts and the EU Commission against member states?
Court of Justice of the EU (CJEU)
Does the European Court of Human Rights hear data protection cases?
Yes
if they related to Article 8 of the European Convention on Human Rights (ECHR)
What was the ruling in the Google Spain v. AEPD and Mario Costeja Gonzalez case?
Google Spain must remove links to the Vanguardia articles reporting the bankruptcy
- information was not up to date and
- the right to be forgotten
What was the intention of the OECD Guidelines?
Principles around the protection of data
Facilitate free transfer of data with common data protection guidelines
What are the 7 data protection principles under the OECD Guidelines?
- Openness
- Individual Participation
- Security
- Accountability
- Collection and Use Limitation
- Purpose Specification
- Data Quality
What is the Convention 108, and why was it created?
First legally binding international instrument in the field of data protection
Created to achieve greater unity and extend privacy protection across borders
What is the EU Data Protection Directive?
A directive to add data protection to national legislation for EU member states
What is the e-commerce directive?
Legal issues particularly in electronic commerce (digital marketing)
Why was the ePrivacy Directive created?
to protect personal data and privacy given advancements in digital technologies introduced in public communication networks
need for consistent and equal protections regardless of technology
What was the purpose of the Treaty of Lisbon?
2007
Strengthen the structures of the European Union
Made the Charter of Fundamental Rights binding
What is the GDPR?
A regulation that directly applies to all EU member states
What are the EU legislative institutions?
- European Commission - implements EU decisions and policies, propose legislation
- Council of the EU - legislative decision-making (represent their own countries)
- European Parliament - legislative development (directly elected)
What is the co-legislation procedure for EU governance?
- European Commission proposes legislation
- Council of the EU and European Parliament agree on legislation to turn into EU law
Which body implements EU decisions and policies?
European Commission
Which body defines EU priorities and sets political direction?
EU Council
Which bodies are engaged in legislative decision-making?
Council of the EU
European Parliament
