Legal background

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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 (1980).

[Organisation for Economic Co-operation and Development (OECD)].

  • Convention 108 (1981).

In Europe

Article 8 of the [European Convention on Human Rights (ECHR)], drafted by the [Council of Europe]. in 1950.

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).

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).

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