Seminar 1 - Intro til EDPL Flashcards
Name the 3 exceptions to Interference with the right to privacy and family by a public authority? (ECHR)
- where the interference is in accordance with the law,
- pursues important and legitimate public interests and
- is necessary in a democratic society.
When was the GDPR adopted and fully applicable?
It became fully applicable on 25 May 2018, when the Data Protection Directive was repealed.
What is the definition of “personal data”?
Any information relating to an identified or identifiable individual (‘data subject’)
Is there stricter conditions as to ‘special categories of data’?
Yes
What is the double objective of Directive 95/46/EC? (Data Protection Directive)
1) It requires all Member States to protect the fundamental rights and freedoms of natural persons.
2) It requires them neither to restrict, nor to prohibit the free flow of personal data between Member States for reasons connected with such protection.
What is The Origins of data protection?
Article 8 of (ECHR), according to which everyone has the right to respect for his private and family life, his home and his correspondence, and no interference by a public authority with the exercise of this right is allowed except in accordance with the law and where necessary in a democratic society for certain important and legitimate interests.
What does it mean that it is “neccessary”?
To meet the necessity test, the interference will also have to be proportionate.
What implies “proportionality”?
Proportionality means that the advantages resulting from the limitation should outweigh the disadvantages the latter causes on the exercise of the fundamental rights at stake.
What does Hustinx point out?
That data protection is broader than privacy protection because it also concerns other fundamental rights and freedoms and all kinds of data regardless of their relationship with privacy, and at the same time more limited because it merely concerns the processing of personal information.
