| Detailed Rationales and Full
Explanations | Grade A+
Universal Declaration of Human Rights - Passage . Answer: 1948
Universal Declaration of Human Rights - Article 12 . Answer: The right to a
private life and associated freedoms.
Universal Declaration of Human Rights - Article 19 . Answer: Freedom of
expression.
Universal Declaration of Human Rights - Article 29(2) . Answer: Rights are not
absolute and there are instances where a balance must be struck.
European Convention on Human Rights . Answer: Treaty drawn up by the Council
of Europe that protects fundamental rights. Adopted in 1953 and based on the
Universal Declaration of Human Rights.
European Convention on Human Rights - Enforcement . Answer: Enforced by the
European Court of Human Rights
European Convention on Human Rights - Article 8 . Answer: Protects rights of
individuals
European Convention on Human Rights - Article 10 . Answer: Protects the right of
freedom of expression and the right to share information and ideas across national
boundaries.
OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal
Data (1980) . Answer: Guidelines comprised basic non-legally binding rules
governing transferred flows and the protection of personal information and privacy
in order to facilitate the harmonization of data protection law between countries.
Council of Europe Convention for the Protection of Individuals with regard to
Automatic Processing of Personal Data . Answer: Also known as Convention 108.
Was the first legally binding international instrument in the area of data protection.
Convention 108 sets the standard for the protection of the personal data of
, individuals while also seeking to find a balance for the need to maintain the free
flow of personal data for the purposes of international trade.
Convention 108 v. OECD Guidelines . Answer: Convention 108 differs from the
Guidelines in that it required signatories to take the necessary steps in their
domestic legislation to apply the principles it lays down.
Treaty of Lisbon . Answer: In force in 2009. Aims to strengthen and improve the
core structures of the EU to enable it to function more efficiently and ensures that
all institutions of the EU must have regard to the protection of individuals when
processing personal data.
European Parliament . Answer: The only European institution whose members are
directly elected. It has four responsibilities:
1. Legislative development;
2. Supervisory oversight of the other institutions;
3. democratic representation; and
4. Development of the budget.
European Council . Answer: The heads of the Member States, together with the
president of the European Commission, meet four times a year to define EU's
priorities and set political direction for the EU.
Council of the EU . Answer: The main decision-making body of the EU, having a
central role in both political and legislative decisions. The Council's meetings are
attend by one minister from each member state, where ministers have the power to
commit their government.
European Commission . Answer: Described as the executive body of the EU. It
implements the EU's decisions and politics, but it also has other broad functions,
including the power to initiate legislation.
European Court of Human Rights . Answer: Not an institution of the EU and it has
no powers of enforcement. But, as the case law of the ECHR shows, it has been
active in data protection. The ECHR has also considered the question of the
protection of personal data form the viewpoint of the right of access to such data.
Court of Justice of the European Union . Answer: The judicial body of the EU that
makes decisions on issues of EU law and enforces European decisions either in