Lecture 1: Data protection in context Flashcards
An example of primary law is
The Charter of Fundamental Rights
Legislation and legal basis, regulations and directives are … law
Secondary
What is case law?
Case law is the collection of past legal decisions written by courts and similar tribunals in the course of deciding cases, in which the law was analyzed using these cases to resolve ambiguities for deciding current cases.
In which category do the requests for preliminary rulings fall? (primary, secondary, case law)
Case Law
Define “preliminary ruling”
A preliminary ruling is a decision of the European Court of Justice (ECJ) on the interpretation of European Union law, given in response to a request from a court or tribunal of a European Union Member State. A preliminary ruling is a final determination of EU law, with no scope for appeal.
What is the application of a regulation? What about the one of a directive?
A regulation shall have general application. It shall be binding in all its entirety and directly applicable in all member states.
A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.
Name two Articles of The Charter of Fundamental Rights, that the GDPR relies upon.
Article 7: Respect for private and family life
Article 8: Protection of personal data
What does Article 8: Protection of personal data of The Charter of Fundamental Rights entail? (3 points)
- Everyone has the right to the protection of personal data belonging to him or her.
- Such data must be processed fairly for specified purposes and on the basis of consent or another legitimate basis. One has the right to access their data that was collected and the right to rectify it.
- Compliance with these rules shall be subject to control under an independent authority.
Data Protection Law is a fundamental law in the EU. True or False?
True
