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,Chapter 1
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, Both the OECD Guidelines and Convention
Describe the relationship between the OECD 108 share similar principles and were
Guidelines and the Council of Europe’s developed in close cooperation, aiming to
Convention 108. ensure consistent data protection standards
across different jurisdictions.
Data protection standards needed to balance
national concerns for personal freedom and
Explain the balance that needed to be
privacy with the necessity of supporting free
achieved in data protection standards.
international trade, particularly in the context
of the European Economic Community.
The Lisbon Treaty explicitly mentions
How does the Lisbon Treaty address fundamental rights, promoting core values
fundamental rights compared to the previous such as human dignity, freedom, democracy,
treaty establishing the European Union? and equality, which were not addressed in the
previous treaty.
The European Commission expressed
concerns about a fragmented approach to
data protection, which could hinder the
Explain the concerns raised by the European
completion of the internal market and impede
Commission regarding data protection.
the cross-border flow of data if fundamental
rights, particularly privacy, are not
safeguarded.
Article 12 of Convention 108 states that
signatory countries shall not impose
Describe the significance of Article 12 of
prohibitions or require special authorizations
Convention 108 regarding transborder data
for the transfer of personal information
flows.
between them, as they have agreed to a
minimum level of data protection.
, Directive 95/46/EC aims to protect individuals'
fundamental privacy rights while ensuring the
free movement of personal data between
Define the purpose of Directive 95/46/EC.
member states, aligning with Articles 8 and
10 of the European Convention on Human
Rights (ECHR).
Member states should avoid creating laws,
policies, and practices that unnecessarily
Do member states have the right to create
obstruct transborder data flows under the
laws that hinder transborder data flows?
guise of protecting privacy and individual
liberties.
The ePrivacy Regulation is undergoing review
Describe the current status of the ePrivacy and establishes a narrower framework than
Regulation in relation to GDPR. the GDPR, reflecting the complexity of privacy
public policy in electronic communications.
Accountability refers to the obligation of
Define the term 'accountability' in the context organizations to demonstrate compliance
of the GDPR. with the GDPR, ensuring they can show how
they protect personal data.
Yes, any European country wishing to become
Do the member states need to respect any a member of the European Union must
specific values to join the European Union respect core values including human dignity,
according to the Lisbon Treaty? freedom, democracy, equality, the rule of law,
and respect for human rights.