Difference between revisions of "Legal background"
| Line 11: | Line 11: | ||
Article 8 of the | Article 8 of the | ||
| − | + | [http://en.wikipedia.org/wiki/European_Convention_on_Human_Rights European Convention on Human Rights (ECHR)], drafted by the [http://conventions.coe.int/Treaty/en/Treaties/Html/005.htm Council of Europe]. | |
in 1950. | in 1950. | ||
| − | Council of Europe’s | + | Council of Europe’s [http://conventions.coe.int/Treaty/en/Treaties/Html/108.htm |
| − | Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data | + | Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data] (Convention 108, ratified in 1981). |
| − | Directive | + | Directive [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1995:281:0031:0050:EN:PDF 95/46/EC] on the protection of individuals with regard to the processing of personal data and on the free movement of such data (24-10-1995). |
| − | + | * This directive is in the process of being [http://ec.europa.eu/justice/data-protection/document/review2012/com_2012_11_en.pdf replaced by a Regulation]. | |
| − | * This directive is in the process of being | ||
| − | Directive | + | Directive [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1998:024:0001:0008:EN:PDF 97/66/EC] concerning the processing of personal data and the protection of privacy in the telecommunications sector (15-12-1997). |
| − | + | * Replaced by the 'eprivacy' directive [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32002L0058:EN:NOT 2002/58/EC] concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). | |
| − | * Replaced by the 'eprivacy' directive | + | ** Replaced by directive [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32009L0136:EN:NOT 2009/136/EC]. |
| − | ** Replaced by directive | ||
==Related or opposing laws== | ==Related or opposing laws== | ||
Revision as of 12:19, 17 February 2013
Privacy laws
The following are the main legal documents or treaties that express a certain right to privacy.
Worldwide
Organisation for Economic Co-operation and Development (OECD) Guidelines on the Protection of Privacy and Transborder Flows of Personal Data (1980).
In Europe
Article 8 of the European Convention on Human Rights (ECHR), drafted by the Council of Europe. in 1950.
Council of Europe’s [http://conventions.coe.int/Treaty/en/Treaties/Html/108.htm Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data] (Convention 108, ratified in 1981).
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 (24-10-1995).
- This directive is in the process of being replaced by a Regulation.
Directive 97/66/EC concerning the processing of personal data and the protection of privacy in the telecommunications sector (15-12-1997).
- Replaced by the 'eprivacy' directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications).
- Replaced by directive 2009/136/EC.
Related or opposing laws
The following agreements and regulations are related to, or sometimes even opposed to, the above rights to privacy
- Data retention directive 2006/24/EC
- Safe Harbour Agreement (26-7-2000)
- Regulation (EU) 45/2001
- Charter Fundamental Rights 7-12-2000
- Article 3 (c) Directive 99/5/EC