Zusammenfassung der Ressource
CIPP/E
- Council of
Europe (CoE),
legislative
- European
Convention on
Human Rights
(ECHR)
- Art. 8: Right to respect
private and family life
and correspondence
- Art. 10: Freedom of
expression
- 47 member states,
mostly in Europe,
open to non
European states
- Convention 108
(1981) - Not just for
European countries
- Other term for Council of
Europe Convention for the
Protection of Individuals with
Regard to Automatic
Processing of Personal Data
- Binding.
- 1. Law provisions (basic
principles) 2. Rules on
trans-border data flows
3. Mutual assistance /
DPA
- Art. 12: Free flow of data
between member states
- Additional protocol (signed 2001):
Concept of "Adequacy" of some
non-member states concerning
trans-border data flows
- OECD
- Organisation for Economic
Cooperation and
Development
- Guidelines established 1980
- Not binding.
- 34 member states, Worldwide
- General Assembly
of United Nations
- Universal
Declaration of
Human Rights,
1948
- Art. 12: Privacy of family,
home & correspondence
Protection of law against
inferences to privacy
- Art. 19: Freedom of opinion
& expression Any media,
regardless of frontiers
- Art. 29(2) - Individual rights are NOT
absolute, such as to protect freedom of
others, morality, public order, etc.
- The
European
Economic
Community
(EEC)
- Established by
Treaty of Rome
1957
- Ammended by
Treaty of Lisbon
- European Union
- Large scope of fundamental
rights and freedom it
protects
- 2000, Charter of
Fundamental Rights,
- Mentions specifically
data privacy
- 2009, EU Charter becomes
binding after Treaty of
Lisbon ratification
- The Charter mentions
specifically Data Privacy
- e-privacy directive:
2002/58/EC
- 2002/58/EC
- Art. 10 Right to freedom of
expression (= Art. 10 of
ECHR)
- Art. 7 Right to respect
private family and life (=
Art. 8 of ECHR)
- Art. 8 is all about notice,
purpose, consent, access,
etc.
- Established by
Treaty of
Maastricht
- Ratified 1992
- Treaty of Lisbon
- Amends Treaty of Rome
(EEC) and Treaty of
Maastricht (EU)
- Establishes the Data
Protection
Supervisor Authority
- Renames Treaty of Rome
(EEC) as the Treaty of
Functioning of European
Union (TFEU)
- 1. European Parliament (> 700 members) - Legislative 2.
European Council (28 heads of member states in 2014)
3. Council of the EU / "The Council" (groups of 28
ministers by theme) - Legislative 4. European
Commission / "The Commission" (28 commissioners and
+23000 useless and overpaid civil servants) 5. The Court
of Justice of the EU 6. European Central Bank 7. Court of
Auditors
- Legislative body in
EU: 1. The European
Parliament 2. The
Council of the EU
- 95/46/EC: EU
Directive
- 2006/24/EC: ISP data
retention directive
- 2006/24/EC
- 2009/136/EC (or the @#!
Cookie Law, designed by
incompetent octogenarians
that can't find a button on a
mouse)
- European Council
- composed of the heads of
each member states
- 28 heads of member
states in 2014
- European
Commission
- Can propose a law because it has
executive and judicial power.
- has the power to declare a
non-EU country as "adequate"
in terms of data protection
- 28 commissioners and
+23000 useless and
overpaid civil servants
- Court of Justice
of the EU
- European Court
of Human Rights
(ECtHR)
- The European Court of
Human Rights is the
judicial body enforcing
ECHR.
- Signed in Rome in
1950, In force in 1953
- European Parliament
- >700 members, legislative
- Council of
the EU
- Groups of 28
ministers by
theme, legislative
- European Central Bank
- Court of Auditors