CIPP/E Part III questions with answers rated A+ 2023/2024

CIPP/E Part IIII. Introduction to European Data Protection - A. Origins and Historical Context - correct answers Proceed to next 1. Rationale for data protection - correct answers??? 2. Human rights laws - correct answers Universal Declaration of Human Rights 1948, Article 12 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. (source: European Convention on Human Rights 1950 Article 8 - Right to respect for private and family life 1. Everyone has the right to respect for his private and family 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 interests 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. Source: 3. Early laws and regulations - correct answers A right to protection of an individual's private sphere against intrusion from others, especially from the state, was laid down in an international legal instrument for the first time in Article 12 of the United Nations (UN) Universal Declaration of Human Rights (UDHR) of 1948 on respect for private and family life.1 The UDHR influenced the development of other human rights instruments in Europe. (source: handbook data protection law 2nd ed) The Council of Europe was formed in the aftermath of the Second World War to bring together the states of Europe to promote the rule of law, democracy, human rights and social development. For this purpose, it adopted the European Convention on Human Rights (ECHR) in 1950, which entered into force in 1953. States have an international obligation to comply with the ECHR. All CoE member states have now incorporated or given effect to the ECHR in their national law, which requires them to act in accordance with the provisions of the Convention. To ensure that the Contracting Parties observe their obligations under the ECHR, the European Court of Human Rights (ECtHR), was set up in Strasbourg, France, in 1959. The ECtHR ensures that states observe their obligations under the Convention by considering complaints from individuals, groups of individuals, NGOs or legal persons alleging violations of the Convention.(source: handbook data protection law 2nd ed) 1957: Treaty of Rome, established European Economic Area (EEA), renamed in 2009 to Treaty of Functioning of European Union (TFEU) 1980: OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data 1981: Convention 108 With of the emergence of information technology in the 1960s, a growing need developed for more detailed rules to safeguard individuals by protecting their (personal) data. By the mid-1970 4. The need for a harmonised European approach - correct answers Every day within the EU, businesses, public authorities and individuals transfer vast amounts of personal data across borders. Conflicting data protection rules in different countries would disrupt international exchanges. Individuals might also be unwilling to transfer personal data abroad if they were uncertain about the level of protection in other countries. Therefore, common EU rules have been established to ensure that your personal data enjoys a high standard of protection everywhere in the EU. You have the right to complain and obtain redress if your data is misused anywhere within the EU. (source: 5. The Treaty of Lisbon - correct answers With the entry into force of the Treaty of Lisbon in December 2009, the Charter of Fundamental Rights of the EU became legally binding, and with this the right to the protection of personal data was elevated to the status of a separate fundamental right. (source: handbook data protection law 2nd ed) Most important articles with regard to privacy:: Article 7 Respect for private and family life Everyone has the right to respect for his or her private and family life, home and communications.