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).

Regulation 2016/679 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation / GDPR). This replaces 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 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