CIPP/E

CIPP/E

1. 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

2. OECD

   • Organisation for Economic Cooperation and Development
     • Guidelines established 1980
       • Not binding.
   • 34 member states, Worldwide

3. 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.

4. The European Economic Community (EEC)

   • Established by Treaty of Rome 1957
     • Ammended by Treaty of Lisbon

5. 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)

6. European Council

   • composed of the heads of each member states
   • 28 heads of member states in 2014

7. 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

8. Court of Justice of the EU

9. 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

10. European Parliament

    • >700 members, legislative

11. Council of the EU

    • Groups of 28 ministers by theme, legislative

12. European Central Bank

13. Court of Auditors