Origins & Development of European Data Protection Law Flashcards
What does EEC stand for?
European Economic Community
Transborder trade was facilitated by…
EEC
T/F: The right to a private life and associated freedoms is a fundamental right in the EU
True
December 10, 1948, the General Assembly of the U.N. adopted…
The Universal Declaration of Human Rights (Human Rights Declaration)
What is the Human Rights Declaration?
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.”
T/F: The Human Rights Declaration contains a specific provision to a private life and to freedom of expression.
True
The freedom of expression provision is set out in which Article under the Human Rights Declaration?
Article 19
The right to a private life and associated freedoms is contained in which Article under the Human Rights Declaration?
Article 12
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?
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…)
What does ECHR stand for?
European Convention on Human Rights
What is the ECHR?
An international treaty to protect human rights and fundamental freedoms. This convention took place in 1950, in Rome. ECHR only applies to member states.
Under the ECHR, what do the fundamental rights include?
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
Is there a system to enforce ECHR?
Yes, in Strasbourg in the form of the European Court of Human Rights
What does European Court of Human Rights do?
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
Does the European Court of Human Rights give out advisory opinions that concern ECHR interpretation and protocols?
Yes, upon request of the Committee of Ministers of the Council
T/F: Article 8 of the ECHR echoes Article 12 with regard to right to respect for his private and family life
True
Article 10 under the ECHR covers…
the freedom of expression
Both the Declaration of Human Rights and the ECHR recognize…
the balance between rights of individuals and justifiable interference with these rights.
Which 3 countries incorporate data protection as a fundamental right in their constitutions?
Spain, Portugal, Austria
The 1968 publication of Recommendation 509 discussed…
human rights and modern scientific and technological developments
Resolutions 73/22 and 75/29 established what principles?
Protection for personal data in automated databanks in the private and public sectors
What were the Resolutions 73/22 and 75/29 objective(s)?
To develop a national legislation – a more comprehensive model for data protection
What does OECD stand for?
Organization for Economic Co-operation and Development
OECD Guidelines promote…
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.
T/F: OECD extends beyond Europe
True–U.S. is also included
