Module 1 - Data Protection Laws Flashcards
1
Q
What was one of the underlying reason for the establishment of the European Union?
A
Preservation of peace and prevention of war through the creation of a free-trade area - stymies and hinders inter-Member State conflict.
[Note - For GDPR purposes, EEA Member States are treated in the same way as a EU Member States.]
2
Q
What were the key reasons for the development and promulgation of data protection laws from the 1970s?
A
- TECHNOLOGICAL DEVELOPMENT, with the growing scope for private sector actors to readily and rapidly process personal data, spur the creation of a homogenous and harmonised European data protection framework.
- A prescriptive data protection regime also enabled better RECONCILIATION of the rights to PRIVACY and FREE EXPRESSION.
3
Q
What are the key legislative milestones relevant to the promulgation of European data protection laws?
A
- 1980: Non-binding OECD Guidelines concerning data protection.
- 1981: Convention 108 / Council of Europe Convention (Article 8 - right to private life => includes data protection).
- 1995: EU Data Protection Directive.
- 2002: Charter of Fundamental Rights of the EU (Article 7 - right to private life; Article 8 - right to protection of personal data).
- 2002: EU Electronic Privacy Directive.
- 2006: EU Data Retention Directive (nullified pursuant to CJEU judgment).
- 2007: EU Lisbon Treaty (=> legislative effect to CFREU).
- 2016: EU General Data Protection Directive => GREATER HARMONISATION and DIRECT EFFECT (re. EU DPD).
4
Q
What are the four key legislative and executive instrumentalities of the European Union?
A
- European Parliament: Votes upon proposed legislation. Directly elected by EU citzenry.
- European Commission: Executive body that ensures implementation and enforcement of EU law; tables legislative proposals to the European Parliament and the Council of the EU. Each MS is represented by a commissioner, named and approved by the European Parliament.
- Council of the EU: Also votes on legislation, as a co-decision-maker (alongside European Parliament). Represents MSs.
- European Council: Represented by MS heads of state. Determines EU’s political direction and priorities.