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.