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PRIVACY AND DATA PROTECTIONLAW AND TECHNOLOGY 2017/2018
,TABLE OF CONTENTS
PAUL DE HERT
GENERAL DATA PROTECTION REGULATION (GDPR)
CHAPTER 1 HANDBOOK
CHAPTER 2 HANDBOOK
CHAPTER 3 HANDBOOK
CHAPTER 4 HANDBOOK
CHAPTER 5 HANDBOOK
CHAPTER 6 HANDBOOK
CHAPTER 7 HANDBOOK
BART VAN DER SLOOT
LECTURE 1
IS THE HUMAN RIGHTS FRAMEWORK STILL FIT FOR THE BIG DATA ERA?
LECTURE 2
PRIVACY AS PERSONAL RIGHT
LECTURE 3
WHERE IS THE HARM IN A PRIVACY VIOLATION?
HOW TO ASSESS PRIVACY VIOLATIONS IN THE AGE OF BIG DATA
LECTURE 4
THE PRACTICAL AND THEORETICAL PROBLEMS WITH BALANCING
TEN QUESTIONS ABOUT BALANCING
, PAUL VAN DER HERT
GENERAL DATA PROTECTION REGULATION
This regulation updates and modernizes the principles from the Data Protection Directive (1995). It sets out the
rights of individuals and establishes the obligations of those processing and those responsible for the processing
of the data. It also establishes the methods for ensuring compliance as well as the scope of sanctions for those in
breach of the rules. The regulation entered into force on 24 may 2016 and will apply from 25 may 2018.
The regulation addresses several fundamental issues:
- It lists the rights of the data subject rights. These strengthened rights give individuals more control over
their personal data:
o Individuals need to give their clear consent for processing of personal data
o Subject can access his/her data easier
o Rights to rectification, erasure and the right to be forgotten
o The right to object
o The right to data portability from one service provider to another
It also lays down the obligation for controllers to provide transparent and easily accessible
information for data subjects on the processing of their data
- It details the general obligations of the controllers (and of those processing the personal data on their
behalf). Such as obligations to implement appropriate security measures. All public authorities and
companies that perform risky data processing, need to appoint a data protection officer.
- Obligation for member states to establish an independent supervisory authority at national level. It also
aims to establish mechanisms to create consistency in the application of data protection law across the
EU (one stop shop). This includes setting up a European Data Protection Board (consists of 28
representatives). Furthermore, it recognized the right of data subjects to lodge a complaint with a
supervisory authority and the right to judicial remedy. It also provides for severe sanctions against
controllers or processor who violate data protection rules.
- The transfer of personal data to third countries and international organizations.
, HANDBOOK ON EUROPEAN DATA PROTECTION LAW
C1 CONTEXT AND BACKGROUND OF EUROPEAN DATA PROTECTION LAW
Europe (EU) Council of Europe (CoE)
Members 28 countries -1 (Brexit) 47 countries (Turkey, Russia) à
Overburden (10 years wait)
Settled in Brussels Strasbourg
Philosophy To help countries integrate After WWII for peace and
Harmony
Law Detailed General – for more countries
Postpones its drafts until they
have seen what Europe does
Court Luxembourg (CJEU) Strasbourg
Data Protection Data Protection Directive (DPD) Article 8 ECHR (right to respect
for private and family life, home
and correspondence)
Charter of Fundamental Rights of Convention 108 (Convention for
the EU the Protection of Individuals with
regard to Automatic Processing of
Personal Data)
1.1 The right to data protection
The European Convention on Human Rights
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. States have an international obligation to comply
with the ECHR and all CoE members have incorporated the ECHR into their national law.
The convention was seen as groundbreaking. Because it could sanction. Human Rights Court. States can bring
states to the court. And it allows individuals to bring states to the court (no need to be a national of one of the
MS). This was a novelty.
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.
The right to protection of personal data forms part of the rights protected under Art. 8 ECHR, which guarantees
the right to respect for private and family life, home and correspondence and lays down the conditions under
which restrictions of this right are permitted.
Article 8 ECHR
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.
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