Module 1 - Data Protection Laws

Question 1

What was one of the underlying reason for the establishment of the European Union?

Answer 1

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.]

Question 2

What were the key reasons for the development and promulgation of data protection laws from the 1970s?

Answer 2

• 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.

Question 3

What are the key legislative milestones relevant to the promulgation of European data protection laws?

Answer 3

• 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).

Question 4

What are the four key legislative and executive instrumentalities of the European Union?

Answer 4

• 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.