Summary: Cipp/e Notes

Read the summary and the most important questions on CIPP/E Notes

• 1 Introduction to European Data Protection Law

• 1.1.1 Rationale for data protection

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• What two trends in the 1970s gave rise to concerns that they would have an adverse impact on the privacy of individual?

  1. An increase in the use of computers to process information about individuals.
  2. An increase in cross-border trade facilitated by the European Economic Community.

• What were the principal challenges to creating new standards to allow individuals to exercise control over their personal information?

  Maintaining a balance between concerns at a national level for personal freedom and privacy, and supporting free trade at the European Economic Community level.

• 1.1.2 Human rights laws

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• Which fundamental human right underlies EU data protection laws?

  The right to a private life and the associated freedoms.

• 1.1.2.1 Universal Declaration of Human Rights

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• Which body adopted the Universal Declaration of Human Rights?

  The General Assembly of the United Nations.

• The Human Rights Declaration was born following the atrocities of which event?

  World War II

• Which right does Article 12 of the Human Rights Declaration enshrine?

  The right to a private life and associated freedoms.
  
  No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference.

• Which right does Article 19 of the Human Rights Declaration enshrine?

  The right to freedom of expression.
  
  Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

• Which article of the Human Rights Declaration balances the right to privacy and the right to freedom of expression?

  Article 29(2)
  
  In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

• 1.1.2.2 European Convention on Human Rights

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• To who is the ECHR applicable?

  EU member states

• What do new member states need to do with the ECHR?

  Ratify at earliest opportunity