European Data Protection Flashcards
What are the two key international treaties that are the origin of the European Data Privacy Laws?
1) UN Universal Declaration of Human Rights (1948). A legally non-binding declaration (not a treaty!). Applicable to all UN members
2) European Convention on Human Rights (1950). Applicable to European member countries. Needs member state ratification to become binding on them. Then national laws have to be passed to enshrine the right to privacy. All member states have ratified it and enshrined it in national laws.
In the UN’s Universal Declaration on HR what are the three main articles?
Article 12 - Right to privacy
Article 19 - Right to free speech
Article 29(2) - Balance
In the European Convention on HR what are the three main articles?
Article 8 - Privacy
Article 10(1) - Freedom of speech
Article 10 (2) - Balance
What is the OECD and what are its guidelines?
OECD = Organization for Economic Co-operation and Development (38 Member countries, founded in 1961).
In 1980 OECD issued guidelines on the protection of privacy and trans-border flow of personal data.
Aims to protect the privacy and freedom of individuals without creating any barriers to trade and allowing cross-border flow of personal data.
Updated in 2013 to include basic data protection principles.
Not legally binding
What is Convention 108?
The Council of European Convention in 1981.
It is a data protection instrument
Requires Council of Europe member states who are signatories to apply the principles of 108 in their national legislation.
What is the EU Data Protection Directive (95/46/EC)?
Pre-cursor to the GDPR
Passed in October 1995
Sets out the general data protection principles and obligations
EU Member states must transpose and implement them.
Principle of CoE Convention 108 were used as a benchmark.
What are key GDPR Dates?
2016 - GDPR became law replacing the data protection directive
May 25, 2018 - enforcement began
What is the role of the ECHR?
ECHR=European Court of Human Rights
Upholds privacy and data protection laws
European Convention on Human Rights and Convention 108
Located in Strasbourg, France.
Not part of the EU
What’s the difference between CoE, EU, and EEA?
CoE = Council of Europe, 46 member states, International Organization
EU = European Union is a economic and political union (27 member states); all of which are part of the CoE
EEA = Agreement of the European Economic Area of 1994 ; participation of the EFTA members in the internal EU market. Composed of EU27 + 3 EFTA members Iceland + Liechtenstein + Norway.
What are the three branches of the EU?
Legislative
Policy Making
Judicial
What are the five key bodies of the EU?
European Parliament
European Council
Council of the EU
European Commission
CJEU
What is the European Parliament?
Only EU institution with directly elected members
Duties are a) Legislative Development b) Supervisory Oversight and c) Budget
705 Members; 5 year term
However, it does NOT have the “right of initiative” - i.e. it cannot propose any laws/legislations. Only the EC has that power.
What is the European Council?
Defines EU priorities
Sets the political direction
Heads of state or government of all EU countries
Distinct from the Council of EU
What is the Council of the EU?
Council of the EU - focuses on legislative decision making
Composed on one minister from each EU member state
Shares legislative power with the Parliament
Legislation is first proposed by the European Commission before examined by the Council of the EU and Parliament.
What is the European Commission?
Implement’s the EU’s decisions and policies
Exclusive competence to propose legislation
Composed of one commissioner per member state.
Can be thought of as the Executive Branch with considerable influence over legislation
Responsible for implementing international treaties.
Responsible for application of Union Law.
