CIPP/E Origins and historical context of data protection law - Chapter One Already Passed

CIPP/E Origins and historical context of data protection law - Chapter One Already Passed Rationale for data protection In the 1970s there was an increase in the use of computers to process information about individuals; following development of the European Economic Community rise in trans-border trade, and therefore more sharing of personal information, facilitated by the development of computer technology; rapid progress in the field of electronic data processing and the first appearance of mainframe computers allowed public administrations and large enterprises to set up extensive data banks; computers, in combination with the development of telecommunications, were opening up new opportunities for data processing on an international scale. 1970s Individual state legal systems in Europe had some rules aimed at protecting the personal information of individuals. Rules such as laws on privacy, tort, secrecy and confidentiality existed. In the 1970s why were there new standards. Recognised that automated storage of information and rise in trans-border trade called for new standards that allowed individuals to exercise control over their personal information, while allowing the free international flow of information necessary to support international trade. 1970s standards challenge To frame standards in a way that maintains a balance between concerns at a national level for personal freedom and privacy and the ability to support free trade at the European Economic Community level. EEC European Economic Community. Human Rights law International human rights law is built on agreements between countries to promote and protect human rights at the international, regional and domestic level. Universal Declaration of Human Rights - date Universal Declaration on Human Rights adopted on 10 December 1948 by the General Assembly of the United Nations. Universal Declaration of Human Rights' universal values and traditions Universal Declaration of Human Rights acknowledges 'the inherent dignity and the equal and inalienable rights of all members of the human race in the foundation of freedom, justice and peace in the world'. Universal Declaration of Human Rights is also known as what? The Universal Declaration of Human Rights is also known as the Human Rights Declaration. What law provides the basis for European data protection laws and standards? The principles enshrined in the Human Rights Declaration a.k.a. Universal Declaration on Human Rights 1948 provide the basis for all subsequent European data protection laws and standards. What Article of the Universal Declaration on Human Rights sets out the right to a private life and associated freedoms? Article 12 of the Universal Declaration on Human Rights sets out the right to a private life and associated freedoms. 'No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.' What Article of the Universal Declaration on Human Rights sets out the right to freedom of expression? Article 19 of the Universal Declaration on Human Rights sets out the right to freedom of expression. 'Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.' What Article of the Universal Declaration on Human Rights reconciles the provisions of Article 19 which might appear to be at odds with the provisions of Article 12, particularly where the exercise of Article 19 might result in the invasion of privacy contrary to Article 12? Article 29(2) of the Universal Declaration on Human Rights reconciles the provisions of Article 19 and Article 12. It states that individual rights are not absolute and that there will be instances where a balance must be struck to limit their exercise: 'In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.' ECHR European Convention on Human Rights European Convention on Human Rights signed, when in force and application. European Convention on Human Rights (ECHR) signed in Rome in 1950 and came into force on 3 September 1953. The ECHR applies only to member states and therefore is referred to as a 'closed instrument'. All Council of Europe member states are a party to the ECHR and new members are expected to ratify the ECHR at the earliest opportunity. European Convention on Human Rights expectations of parties. Parties to the European Convention on Human Rights undertake to provide these rights and freedoms to everyone within their jurisdiction. European Convention on Human Rights fundamental rights and freedoms it protects (12). The ECHR protects: the right to life; prohibition of torture; prohibition of slavery and forced labour; right to liberty and security; right to a fair trial; no punishment without 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. System of enforcement established in Strasbourg which examines alleged breaches of the ECHR The European Court of Human Rights examines alleged breaches of the ECHR. Rulings of the European Court of Human Rights are binding on the states concerned and can lead to an amendment of legislation or a change in practice by national governments. What else can the European Court of Human Rights do other than investigate alleged breaches of the ECHR? As well as investigating alleged breaches of the ECHR the European Court of Human Rights can, at the request of the Committee of Ministers of the Council of Europe, give advisory opinions concerning the interpretation of the ECHR and the protocols. What happened to the European Court of Human Rights on 1 November 1998? On 1 November 1998 the European Court of Human Rights system was restructured into a single full-time Court of Human Rights. What Article of the ECHR echoes Article 12 of the Human Rights Declaration? Article 8 of the ECHR echoes Article 12 of the Human Rights Declaration and provides that: (1) Everyone has the right to respect for his private life, his home and his correspondence. (2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interest of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. It is not an absolute right and necessity and proportionality may justify the breaching of an individual's privacy rights in the public interest.