ANSWERS
What is the CLOUD Act? - ANS Clarifying Lawful Overseas Use of Data
What are main points of CLOUD Act? - ANS 1. Applies to information anywhere in the world
if data is in the "possession, custody or control" of the recipient of the warrant.
2. A recipient can seek to quash the subpoena if it can show that the affected individual is not a
United States person and that the required disclosure of that individual's data would violate the
laws of a "qualifying foreign government".
3. Third, requires courts considering a motion to quash to conduct a comity analysis.
What is a "qualifying foreign government" under the CLOUD Act? - ANS Those who have
signed an executive agreement with the United States to cooperate in cross-border data access.
To qualify, a foreign government would need the approval of the State Department and the
U.S. Department of Justice. They would also have to agree to adhere to significant substantive
and procedural privacy and civil liberties protections.
What factors are considered in a comity analysis under the CLOUD Act? - ANS 1. Location of
the target
2. Nationalities involved
3. Alternative avenues to the data
4. Interests of the United States
5. Interests of the foreign sovereign
What are the 6 European Institutions - ANS 1. Council of Europe
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,2. European Court of Human Rights
3. European Parliament
4. European Commission
5. European Council
6. European Court of Justice
What is the legislative Framework for EU Privacy? - ANS 1. The Council of Europe Convention
for the Protection of Individuals with Regard to the Automatic Processing of Personal Data of
1981 (CoE Convention)
2. EU Data Protection Directive (95/46/EC)
3. EU Directive on Privacy and Electronic Communications (2002/58/EC), as amended
4. EU Directive on Electronic Commerce (2000/31/EC)
5. European data retention regimes
6. GDPR
What are the 6 data protection principles - ANS 1. Fairness and lawfulness
2. Purpose limitation
3. Proportionality
4. Accuracy
5. Storage limitation
6. Integrity and confidentiality
What are the 5 Legitimate Processing Criteria? - ANS 1. Consent
2. Contractual necessity
3. Legal obligation, vital interests, public interests
4. Legitimate interests
5. Special categories of processing
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,What are 7 Data Subject Rights? - ANS 1. Access
2. Rectification
3. Erasure and Right to be Forgotten
4. Restriction and objection
5. Automated decision making, including profiling
6. Data portability
7. Restrictions
What is the Treaty of Lisbon? - ANS "On 13 December 2007, the Treaty of Lisbon ('Lisbon
Treaty') was signed by the EU member states; it became effective 1 December 2009. Its main
aim is to strengthen and improve the core structures of the European Union to enable it to
function more efficiently."
Article 1 - ANS Subject matter and objectives
Article 2 - ANS Material scope
Article 3 - ANS Territorial scope
Article 4 - ANS Definitions
Article 5 - ANS Principles relating to processing of personal data
Article 6 - ANS Lawfulness of processing
Article 7 - ANS Conditions for consent
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, Article 8 - ANS Conditions applicable to child's consent in relation to information society
services
Article 9 - ANS Processing of special categories of personal data
Article 10 - ANS Processing of personal data relating to criminal convictions and offenses
Article 11 - ANS Processing which does not require identification
GDPR, Chapter 2 - ANS Principles
GDPR, Chapter 3 - ANS Rights of the Data Subject
GDPR, Chapter 1 - ANS General Provisions
Article 12 - ANS Transparent information, communication and modalities for the exercise of
the rights of the data subject
Article 13 - ANS Information to be provided where personal data are collected from the data
subject
Article 14 - ANS Information to be provided where personal data have not been obtained
from the data subject
Article 15 - ANS Right of access by the data subject
Article 16 - ANS Right to rectification
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