Teresa Millan
Mind Map by Teresa Millan, updated more than 1 year ago
Teresa Millan
Created by Teresa Millan over 6 years ago


CIPP/E CIPPT Foundations

Resource summary

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