Origins & Development of European Data Protection Law

Question 1

What does EEC stand for?

Answer 1

European Economic Community

Question 2

Transborder trade was facilitated by…

Answer 2

EEC

Question 3

T/F: The right to a private life and associated freedoms is a fundamental right in the EU

Answer 3

True

Question 4

December 10, 1948, the General Assembly of the U.N. adopted…

Answer 4

The Universal Declaration of Human Rights (Human Rights Declaration)

Question 5

What is the Human Rights Declaration?

Answer 5

Born following WWII. It is the universal values and traditions of “inherent dignity and the equal and inalienable rights of all members of the human race in the foundation of freedom, justice and peace in world.”

Question 6

T/F: The Human Rights Declaration contains a specific provision to a private life and to freedom of expression.

Answer 6

True

Question 7

The freedom of expression provision is set out in which Article under the Human Rights Declaration?

Answer 7

Article 19

Question 8

The right to a private life and associated freedoms is contained in which Article under the Human Rights Declaration?

Answer 8

Article 12

Question 9

Article 12 and Article 19 may seem at odds with each other. How is Article 12 and Article 19 under the Human Rights Declaration reconciled?

Answer 9

Article 29(2) – states that individual rights are not absolute and there will be instances in which the right to privacy will be weighed against other rights (i.e. morality, general welfare of the public, law enforcement…)

Question 10

What does ECHR stand for?

Answer 10

European Convention on Human Rights

Question 11

What is the ECHR?

Answer 11

An international treaty to protect human rights and fundamental freedoms. This convention took place in 1950, in Rome. ECHR only applies to member states.

Question 12

Under the ECHR, what do the fundamental rights include?

Answer 12

right to life, prohibition of torture, right to a fair trial, right to liberty and security, prohibition on slavery and forced labor, freedom of thought, right to marry, right to assemble, freedom of expression, prohibition on discrimination

Question 13

Is there a system to enforce ECHR?

Answer 13

Yes, in Strasbourg in the form of the European Court of Human Rights

Question 14

What does European Court of Human Rights do?

Answer 14

Examines alleged breaches of the ECHR and ensures that the states comply with the obligations under ECHR. Rulings of the European Court of Human Rights is binding on states

Question 15

Does the European Court of Human Rights give out advisory opinions that concern ECHR interpretation and protocols?

Answer 15

Yes, upon request of the Committee of Ministers of the Council

Question 16

T/F: Article 8 of the ECHR echoes Article 12 with regard to right to respect for his private and family life

Answer 16

True

Question 17

Article 10 under the ECHR covers…

Answer 17

the freedom of expression

Question 18

Both the Declaration of Human Rights and the ECHR recognize…

Answer 18

the balance between rights of individuals and justifiable interference with these rights.

Question 19

Which 3 countries incorporate data protection as a fundamental right in their constitutions?

Answer 19

Spain, Portugal, Austria

Question 20

The 1968 publication of Recommendation 509 discussed…

Answer 20

human rights and modern scientific and technological developments

Question 21

Resolutions 73/22 and 75/29 established what principles?

Answer 21

Protection for personal data in automated databanks in the private and public sectors

Question 22

What were the Resolutions 73/22 and 75/29 objective(s)?

Answer 22

To develop a national legislation – a more comprehensive model for data protection

Question 23

What does OECD stand for?

Answer 23

Organization for Economic Co-operation and Development

Question 24

OECD Guidelines promote…

Answer 24

policies designed to achieve the highest sustainable economic growth and employment, including raising the standard of living in both OECD members and non-members, while maintaining stability in the financial economy.

Question 25

T/F: OECD extends beyond Europe

Answer 25

True–U.S. is also included