CIPP/E Review Questions with 100% correct answers already graded A+

What did the principles of the Human Rights Declaration provide the basis for? The principles enshrined in the Human Rights Declaration have provided the basis for all subsequent European data protection laws and standards. (Ch. 1) What right is contained in Article 12 of the Human Rights Declaration? The right to a private life and associated freedoms is contained in Article 12 of the Human Rights Declaration. (Ch. 1) What right is contained in Article 19 of the Human Rights Declaration? The right of freedom of expression is contained in Article 19 of the Human Rights Declaration. (Ch. 1) What article reconciles conflicts between Article 12 and Article 19 of the Human Rights Declaration? Article 29(2) reconciles the apparent conflict between Article 12 and Article 19, stating that individual rights are not absolute and that there will be instances where a balance must be struck to limit their exercise. (Ch. 1) Why is the ECHR such a powerful instrument? he ECHR is a powerful instrument because of the scope of the fundamental rights and freedoms it protects. (Ch. 1) List the thirteen rights that the ECHR protects. The thirteen rights that the ECHR protects are: - Right to life - Prohibition of torture - Prohibition of slavery and forced labour - Right to liberty and security - Right to a fair trial - No punishment without law - Respect for private and family life - Freedom of thought, conscience and religion - Freedom of expression - Freedom of assembly and expression - Right to marry - Right to an effective remedy - Prohibition of discrimination Who oversees what is prescribed in the ECHR and how is the ECHR enforced? The ECHR is overseen by the European Court of Human Rights. The European Court of Human Rights examines alleged breaches of the ECHR and ensure that states comply with their obligations under the ECHR. (Ch. 1) What rights are protected under Article 10 of the ECHR? Article 10 of the ECHR protects the right of freedom of expression and the right to share information and ideas across national boundaries. (Ch. 1) What do the Human Right s Declaration and the ECHR have in common? Both the Human Rights Declaration and the ECHR recognize a need for balance between the rights of individuals and the justifiable interference with these rights, which is a common theme within data protection law. (Ch. 1) Describe the Guidelines on the Protection of Privacy and Transborder Flows of Personal Data that were developed by OECD in 1980. What do they strive to accomplish? The "Guidelines" lay out basic rules governing trans-border data flows and the protection of personal information and privacy in order to facilitate the harmonization of data protection law between countries. The Guidelines aim to strike a balance between protecting the privacy and the rights and freedoms of individuals without creating any barriers to trade while allowing the uninterrupted flow of personal data across national borders. (Ch. 1) List the principles introduced by the Guidelines that should be followed by data controllers processing personal information. The principles introduced by the Guidelines that should be followed by data controllers processing personal information are: - Collection Limitation - Data Quality - Purpose Specification - Use Limitation - Security Safeguards - Openness - Individual Participation - Accountability What was the first legally-binding international instrument in the area of data protection? Convention 108 (Ch. 1) How does Convention 108 differ from the Guidelines? It requires signatories to take the necessary steps in their domestic legislation to apply the principles it lays down in order to ensure respect for the fundamental human rights of all individuals with regard to processing of personal information. (Ch. 1) What are the three main parts of Convention 108? The three main parts of Convention 108 are: (1) substantive law provisions in the form of basic principles, (2) special rules on trans-border data flows, and (3) mechanisms for mutual assistance and consultation between the parties. (Ch. 1) Describe the main thrust of Article 12 of Convention 108. Article 12 of Convention 108 provides that countries shall not impose any prohibitions or require any special authorisations for the purpose of the protection of privacy before such transfers can take place when transfers of personal information are made between signatories of Convention 108. (Ch. 1) When is it permitted to deviate from the provisions of Convention 108? It is permissible to deviate from the provisions of Convention 108 when the exporting country has specific national rules in place for certain categories of personal data and the importing country does not provide equivalent protection or when the transfer is to a country that is not a party to Convention 108. (Ch. 1) True or False: There are many binding international legal instruments with a worldwide scope of application in force today False. Convention 108 remains the only binding international legal instrument with a worldwide scope of application in the field of data protection that is open to any country, including countries that are not members of the Council of Europe. (Ch. 1) What is the goal of the European Commission's Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data? The aim of the Directive is to further reconcile the protection of the fundamental rights of individuals with the free flow of data from one member state to another. This helps maintain consistency with Articles 8 and 10 of the ECHR. (Ch. 1) When was the Charter of Fundamental Rights given binding legal effect? The Charter was given binding legal effect when the Treaty of Lisbon came into force in December, 2009. (Ch. 1) What provision of the TFEU ensures that all institutions of the European Union must protect individuals when processing personal data? Article 16(2) of the TFEU. (Ch. 1) What is the significance of the Lisbon Treaty? The Lisbon Treaty is significant because it addresses fundamental rights and core values, which are not mentioned in the treaty establishing the European Union. (Ch. 1) List the seven institutions that make up the European Union. The seven institutions that make up the EU are: - European Parliament - European Council - Council - European Commission - Court of Justice of the European Union - European Central Bank - Court of Auditors How did the European Council and the European Central Bank gain institutional status? They were granted institutional status under the Treaty of Lisbon. (Ch. 2) What principles does the Charter (of Fundemental Rights) uphold? The Charter enshrines the following principles: - Everyone has the right to respect for his or her private and family life, home and communications. - Everyone has the right to the protection of personal data concerning him or her. - Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified. - Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union. What countries are not bound by the Charter? Poland and the United Kingdom are not bound by the Charter. (Ch. 2) What responsibilities does the European Parliament have as a result of Article 9A of the EU Treaty? The responsibilities of: - legislative development, - supervisory oversight of the other institutions, - democratic representation, and - the development of the budget. (Ch. 2) What is the maximum number of MEPs allowed as a result of the Treaty of Lisbon? No member state is allowed more than 96 MEPs. (Ch. 2) (Member of European Parliament)