INTRODUCTION TO EUROPEAN DP Flashcards
Which articles in the Universal Declaration of Human Rights relate to privacy?
Article 12: right to privacy
Article 19: right to free speech
Article 29(2): balance between the right to privacy and free speech
Which articles in the European Convention of Human rights relate to privacy?
Article 8: privacy
Article 10: freedom of speech
Article 10(2): balance
What is the first data protection instrument?
Convention 108
For which legislative text were the principles of Convention 108 used?
The Data Protection Directive
What is the scope of the ePrivacy Directive?
Processing of personal data through public electronic communications services and networks in the EU.
What is the purpose of convention 108+ according to the commission?
It serves as means for third countries (outside the EU) to adopt the basic tenets of the GDPR.
What is the role of the European Parliament?
Its the only EU instituttion whose members are directly elected. It has 3 responsibilities: legislative development, supervisory oversight of the other institutions and development of budget. It also has the greatest impact on dp and privacy issues through its role in the legisaltive process of the EU.
What is the role of the European Council?
It define the EU’s priorities and sets the political direction for the EU. It is composed of the heads of state or givernment of all EU countries, the European Council President, the European Commission president.
What is the role of the Council of the EU?
It focuses on legislative decision making. Its meetings are attended by ministers from MS that change based on the discussed policy. The council shares its legislative power with the Parliament. Legislation is proposed to the Commission before examinded by the Council and the Parliament.
What’s the role of the Commission?
It implements the EU’s decisions and policies. It also has other broad functions, including exclusive competence to propose legislation. The Commission has been the most active EU institution in the area of data protection. It is composed of one commissioner per MS who pledges to respect the EU treaties.It also responsible for ensuring MS implementation as it is the guarding of the treaties.
What was the trilogue procedure?
The decision making process between the Parliament and Council, to jointly agree on the legislation of the GDPR, that was adjudicated by the Commission.
