ANSWERS
Prohibition of cross border data transfers under Data Privacy Directive 95/46/EC apply when -
ANS data transferred from a jurisdiction in the EU to a third country.
What treaty or convention allowed the Data Protection Directive 95/46/EC to be used as a
harmonising measure for European Member states. - ANS The Treaty of Rome
Direct marketing would include: - ANS Email promoting new book on sale.
What two opposing forces needed to be considered in formulating a privacy framework in the
European Economic Community? - ANS Concerns for personal freedom and privacy and
ability to support free trade.
What principle is contained in art 12 of the Human Rights Declaration? - ANS The right to a
private life and associated freedoms.
What right is protected by art 19 of the Human Rights Declaration? - ANS The right to
freedom of opinion and expression.
Which article of the Human Rights Declaration reconciles articles 12 and 19 and how is it
stated? - ANS Article 29(2) states that individual rights are not absolute and there are
instances where a balance must be struck to limit their exercise.
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, What was the purpose of the European Convention on Human Rights? - ANS It was an
international treaty to protect human rights and fundamental freedoms.
Name special categories of data. - ANS Racial or ethnic origin, political affiliations/opinions,
health information, sex life, religious beliefs, trade union membership.p 58
What are the specific rights enumerated in the ECHR? - ANS right to life, prohibition of
torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial,
no punishment w/o law, respect for private and family life, freedom of thought, conscience and
religion, freedom of expression, freedom of assembly and association, right to marry, right to
an effective remedy and prohibition of discrimination.
What are the two rights provided under article 8 of the ECHR? - ANS 1. right to respect for
private and family life and his correspondence.
2. No interference by public authority of this right except in accordance to law and is necessary
in a democratic society in the interest of national security public safety...
What does article 10 of the ECHR deal with? - ANS Right to freedom of expression and to
share information and ideas across borders but qualified so as to protect the privacy of
individuals
What are the obligations imposed on EU member states as seen under the Data Protection
Directive 95/45/EC or the Data Protection Director or 'the Directive'? - ANS The Directive
sets out general principles and leaves the member states to implement these principles as they
see fit. p 38
What are the exceptions to the consent required for cookies under the e-Privacy directive
2002/58/EC? - ANS where 1) storage or access is for the sole purpose of carrying out
transmission of communication over an electronic network and 2) strictly necessary for
information service explicitly requested by user p 43
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