CIPP/E
Study online at https://quizlet.com/_gebfcs
1. Rationales for Data 1) Increase in internet use
Protection 2) databanks more prevalent
3) Telecommunications allow internet across borders
4) Cross border sharing made sharing more prevalent which makes misuse
more likely
5) Sharing data is generally a good thing for society
6) Balance free trade and personal privacy
2. E.U. v U.S. difference In E.U. it is a fundamental right. It is also a fundamental right under the
in Fundamental Right Universal Declaration of Human Rights (adopted by U.N.)
to Privacy
3. Universal Declaration Adopted in 1948 by the U.N. states that people have an undeniable right
of Human Rights to privacy.
[Generally what did it Via Article 12 - Right to Privacy and Family Life
provide] Article 19 Freedom of Expression
Must be balanced with legitimate interests of democratic society, morality,
and public order
4. Universal Declaration No person shall have their home, family, privacy, correspondence, honor,
of Human Rights [Ar- or reputation arbitrarily interfered with
ticle 12 - Right to Pri-
vacy and Family Life
5. Universal Declaration Person shall have the right to express or impart opinion/ideas in any media
of Human Rights [Ar- without interference
ticle 19 - Right to Ex-
pression]
6. Universal Declaration Rights under 12 and 19 are not obsolete and instead must be balanced
of Human Rights [Ar- with morality, democratic society, and public order
ticle 29 - Limit on Fun-
damental Rights]
, CIPP/E
Study online at https://quizlet.com/_gebfcs
7. European Declaration Adopted in 1958 by the European Commission; applied only to European
of Human Rights member states;
[Generally] similar to Constitution of the U.S. fundamental rights + data privacy rights
of the Universal Declaration of Human Rights
8. European Declaration Life
of Human Rights liberty
[Rights] opinion
no torture
no slavery
marriage
privacy in home and family (similar to article 12 of UDHR)
speech
association
religion
expression
fair trial
9. European Declaration Originally it was the European Court of Human Rights, which was then
of Human Rights [En- changed to a single court dedicated to human rights that can issue opin-
forcement] ions on the EDHR
Court findings are binding on member states
10. Organization of Eco- 1) Non-binding on the EU states
nomic Co-operation 2) intended to provide guidance in order to create a common set of
and Development principles to facilitate cross border data exchange while protecting privacy
[Generally] 3) EU states are free to interpret and implement how they want
4) Does not discriminate based on technology or sector (private or public)
5) 1980
11. Organization of Eco- Accountability (will take accountability for compliance with OECD)
nomic Co-operation Collection (fair and lawful and consent where necessary)
, CIPP/E
Study online at https://quizlet.com/_gebfcs
and Development [8 Openness (general transparency to data practices)
Principles] Individual Participation (data rights)
Purpose (limited purpose and data collection based on that purpose and
use based on that purpose, state the purpose)
Quality (relevant, accurate, up to date)
Use (use in accordance with purpose)
Security
12. Convention 108 [Gen- 1) the first worldwide, binding data privacy law where any country could
erally] participate
2) Based off of earlier Council of Europe resolutions 73, 74 and 507
13. Convention 108 1) PI is processed lawfully and fairly
[Chapter II Substan- 2) Limited collection to what is necessary (relevant and non-excessive)
tive Law - Principles of 3) Not retained longer than necessary
108] 4) Reasonable security as to prevent unauthorized access, use, disclosure
5) Processing in line with purpose
6) Sensitive data is not automatically processed
7) Accurate and kept up to date
8) Right to communicate, rectify, and erase data (end user data right)
14. Convention 108 Where a measure is necessary for state security or criminal investigation
[Chapter II Substan-
tive Law - Exceptions
to Principles]
15. Convention 108 1) If a country is part of 108, then no other requirements can be placed on
[Chapter III that country by another country in order to conduct a trans-border data
Trans-border Flows] flow (limited exception); rationale is that they've met the requirements of
108
2) Exceptions: (i) if not a 108 entity then can place additional safeguards;
(ii) can place additional safeguards if for a particular kind of data and the
other country doesn't have similar safeguards
, CIPP/E
Study online at https://quizlet.com/_gebfcs
16. Convention 108 [Sen- Sexual life, religion, gender, politics, health
sitive Data]
17. Convention 108 [Mu- Section 108 members must appoint a data supervisory authority of which
tual Assistance] helps assist end users exercise their data rights
18. European Data Pro- A replacement to 108 because 108 was too open-ended and allowed
tection Directive [Rea- member states too much authority to interpret and implement; made it
son for Implementa- difficult for compliance in each state.
tion]
19. European Data Pro- 1) Binding on all member states
tection Directive 2) Allowed the to adopt implementation schemes
[Generally] 3) Was intended to replace 108
4) Still provided too much discretion on how to implement
20. Charter of Funda- Consolidates the fundamental rights within the EU.
mental Rights of Similar to EDHR in privacy
the European Union Charter became binding after the Treaty of Lisbon made it so.
[Generally]
21. Charter of Funda- 1) Everyone has right to protection of their personal information
mental Rights of the 2) Right to access
European Union [Arti- 3) Right to rectify
cle 8 - Privacy] 4) Supervisory authority oversee compliance
5) Processed fairly based on consent or some other legitimate purpose
22. Treaty of Lisbon A European Union-sanctioned treaty that will allow the European Parlia-
ment to become the co-equal legislator for almost all European laws
Incorporates the Charter of Fundamental Human Rights and makes it
binding on EU.
Study online at https://quizlet.com/_gebfcs
1. Rationales for Data 1) Increase in internet use
Protection 2) databanks more prevalent
3) Telecommunications allow internet across borders
4) Cross border sharing made sharing more prevalent which makes misuse
more likely
5) Sharing data is generally a good thing for society
6) Balance free trade and personal privacy
2. E.U. v U.S. difference In E.U. it is a fundamental right. It is also a fundamental right under the
in Fundamental Right Universal Declaration of Human Rights (adopted by U.N.)
to Privacy
3. Universal Declaration Adopted in 1948 by the U.N. states that people have an undeniable right
of Human Rights to privacy.
[Generally what did it Via Article 12 - Right to Privacy and Family Life
provide] Article 19 Freedom of Expression
Must be balanced with legitimate interests of democratic society, morality,
and public order
4. Universal Declaration No person shall have their home, family, privacy, correspondence, honor,
of Human Rights [Ar- or reputation arbitrarily interfered with
ticle 12 - Right to Pri-
vacy and Family Life
5. Universal Declaration Person shall have the right to express or impart opinion/ideas in any media
of Human Rights [Ar- without interference
ticle 19 - Right to Ex-
pression]
6. Universal Declaration Rights under 12 and 19 are not obsolete and instead must be balanced
of Human Rights [Ar- with morality, democratic society, and public order
ticle 29 - Limit on Fun-
damental Rights]
, CIPP/E
Study online at https://quizlet.com/_gebfcs
7. European Declaration Adopted in 1958 by the European Commission; applied only to European
of Human Rights member states;
[Generally] similar to Constitution of the U.S. fundamental rights + data privacy rights
of the Universal Declaration of Human Rights
8. European Declaration Life
of Human Rights liberty
[Rights] opinion
no torture
no slavery
marriage
privacy in home and family (similar to article 12 of UDHR)
speech
association
religion
expression
fair trial
9. European Declaration Originally it was the European Court of Human Rights, which was then
of Human Rights [En- changed to a single court dedicated to human rights that can issue opin-
forcement] ions on the EDHR
Court findings are binding on member states
10. Organization of Eco- 1) Non-binding on the EU states
nomic Co-operation 2) intended to provide guidance in order to create a common set of
and Development principles to facilitate cross border data exchange while protecting privacy
[Generally] 3) EU states are free to interpret and implement how they want
4) Does not discriminate based on technology or sector (private or public)
5) 1980
11. Organization of Eco- Accountability (will take accountability for compliance with OECD)
nomic Co-operation Collection (fair and lawful and consent where necessary)
, CIPP/E
Study online at https://quizlet.com/_gebfcs
and Development [8 Openness (general transparency to data practices)
Principles] Individual Participation (data rights)
Purpose (limited purpose and data collection based on that purpose and
use based on that purpose, state the purpose)
Quality (relevant, accurate, up to date)
Use (use in accordance with purpose)
Security
12. Convention 108 [Gen- 1) the first worldwide, binding data privacy law where any country could
erally] participate
2) Based off of earlier Council of Europe resolutions 73, 74 and 507
13. Convention 108 1) PI is processed lawfully and fairly
[Chapter II Substan- 2) Limited collection to what is necessary (relevant and non-excessive)
tive Law - Principles of 3) Not retained longer than necessary
108] 4) Reasonable security as to prevent unauthorized access, use, disclosure
5) Processing in line with purpose
6) Sensitive data is not automatically processed
7) Accurate and kept up to date
8) Right to communicate, rectify, and erase data (end user data right)
14. Convention 108 Where a measure is necessary for state security or criminal investigation
[Chapter II Substan-
tive Law - Exceptions
to Principles]
15. Convention 108 1) If a country is part of 108, then no other requirements can be placed on
[Chapter III that country by another country in order to conduct a trans-border data
Trans-border Flows] flow (limited exception); rationale is that they've met the requirements of
108
2) Exceptions: (i) if not a 108 entity then can place additional safeguards;
(ii) can place additional safeguards if for a particular kind of data and the
other country doesn't have similar safeguards
, CIPP/E
Study online at https://quizlet.com/_gebfcs
16. Convention 108 [Sen- Sexual life, religion, gender, politics, health
sitive Data]
17. Convention 108 [Mu- Section 108 members must appoint a data supervisory authority of which
tual Assistance] helps assist end users exercise their data rights
18. European Data Pro- A replacement to 108 because 108 was too open-ended and allowed
tection Directive [Rea- member states too much authority to interpret and implement; made it
son for Implementa- difficult for compliance in each state.
tion]
19. European Data Pro- 1) Binding on all member states
tection Directive 2) Allowed the to adopt implementation schemes
[Generally] 3) Was intended to replace 108
4) Still provided too much discretion on how to implement
20. Charter of Funda- Consolidates the fundamental rights within the EU.
mental Rights of Similar to EDHR in privacy
the European Union Charter became binding after the Treaty of Lisbon made it so.
[Generally]
21. Charter of Funda- 1) Everyone has right to protection of their personal information
mental Rights of the 2) Right to access
European Union [Arti- 3) Right to rectify
cle 8 - Privacy] 4) Supervisory authority oversee compliance
5) Processed fairly based on consent or some other legitimate purpose
22. Treaty of Lisbon A European Union-sanctioned treaty that will allow the European Parlia-
ment to become the co-equal legislator for almost all European laws
Incorporates the Charter of Fundamental Human Rights and makes it
binding on EU.
