CIPPE Questions and Answers with Certified Solutions

CIPPE Questions and Answers with Certified Solutions Universal Declaration of Human Rights (UDHR) (1948) first international legal instrument announcing the right to privacy (Article 12), catalyst for other human rights instruments in Europe European Convention on Human Rights (ECHR) (1950) international treaty to protect human rights and fundamental freedoms, right to privacy (Article 8) and many more protections of a wide scope Treaty of Rome (1957) established the European Economic Area (EEA, member states plus Iceland, Lichtenstein, and Norway), all member states have now incorporated or given effect to ECHR in their national law Organization for Economic Cooperation and Development (OECD) Guidelines of Protection of Privacy and Trans-border Flows of Personal Data (1980) include basic data protection principles and aim to facilitate data flows and protect personal data in a global economy Convention 108 (1981) convention for the protection of individuals with regard to automatic processing of personal data a. applies to all processing carried out in the public/private sector b. protects individual from abuse c. regulates trans-border data flows d. outlaws processing of sensitive data without proper legal safeguards e. data subject rights only legally binding instrument in the data protection field, ratified by ALL EU member states Treaty of Maastricht (1992) established the EU The EU Data Protection Directive (95/46/EC) (1995) aimed to further reconcile individual data protection rights with free flow of data between member states, used Convention 108 as a benchmark, set out general data protection principles and obligations requiring EU member states to transpose and implement them Charter of Fundamental Rights of the European Union (2000) incorporated human rights protections (unlike the original treaties of the European communities), became legally binding as EU primary law when the Treaty of Lisbon (2009) came into place respect for private and family life (Article 7) and right to data protection (Article 8) Treaty on European Union (TEU) (2007) forms the basis of EU law Treaty of Lisbon (2009) made the Charter of Fundamental Rights binding (elevated the right of personal data protection to a fundamental right), established 7 EU institutions: European Parliament, European Council, Council of the EU, European Commission, Court of Justice of the EU, European Central Bank, Court of Auditors Council of Europe (1949) formed after WWII to unite Europe and promote a rule of law; international organization (separate from the EU) focused on protecting human rights, democracy, and rule of law in Europe and promoting European culture; 47 member states, no country has ever joined the EU without joining this first European Court of Human Rights (ECHR) a body of the Council of Europe, enforces the European Convention of Human Rights European Parliament the directly elected institution of the EU, together with Council of the EU and the European Commission- makes up the legislative branch of the EU; has 751 members responsibilities: legislative development, supervisory authority of other institutions, development of the budget European Commission (the Commission) proposes legislation, implements decisions, upholds EU treaties, enforces EU law with CJEU, represents the EU internationally, manages day-to-day EU business; has 28 members, historically the most active in data protection European Council defines EU's overall political direction and priorities, comprises the heads of state/government of member states, includes president of this body and president of the Commission European Court of Justice (ECJ) part of the CJEU, highest court in the EU, one judge per member state (hears cases in panels of 3, 5, or 15 judges), interprets EU law and ensures equal application across all EU member states Council of the European Union (the Council) can adopt EU laws together with parliament on proposal of the Commission, made up of a government of ministers from each EU MS Court of Justice of the EU (CJEU) based in Luxembourg, judicial body of the EU comprising of the ECJ and the General Court, makes and enforces decisions on issues of EU law The EU Directive on Privacy and Electronic Communications (e-Privacy Directive) (2002/58/EC) complements the DPD, addresses requirements of new digital technologies and eases advance of electronic communications services, security obligations, duty to inform subscribers of risk, regulates cookies