Legal background
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