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

[The European Convention on Human Rights (ECHR)] (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).

    • Replaced by directive 'Burgerrechten' 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