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Data Protection Flowchart

This flowchart summarizes the key international instruments, domestic legislation, and notes related to data protection in the European Union and United Kingdom. It shows that data protection is governed by international agreements like the OECD Guidelines and the Council of Europe Convention. Key EU directives establish standards implemented in domestic law, such as the UK Data Protection Act. The European Convention on Human Rights and EU Charter of Fundamental Rights also bear on data protection law.

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Mícheál O'Dowd
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1K views

Data Protection Flowchart

This flowchart summarizes the key international instruments, domestic legislation, and notes related to data protection in the European Union and United Kingdom. It shows that data protection is governed by international agreements like the OECD Guidelines and the Council of Europe Convention. Key EU directives establish standards implemented in domestic law, such as the UK Data Protection Act. The European Convention on Human Rights and EU Charter of Fundamental Rights also bear on data protection law.

Uploaded by

Mícheál O'Dowd
Copyright
© Attribution Non-Commercial (BY-NC)
Available Formats
Download as PDF, TXT or read online on Scribd
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Data Protection Flowchart

International Instrument Domestic Legislation Notes


OECD Guidelines Governing the Protection of Privacy of N/A
Transborder Flows of Personal Data 1980

Council of Europe Convention for the Protection of Data Protection Act 1988
Individuals with regard to Automatic Processing of
Personal Data, 28 January 1981

Should be read as one act, see


Directive 95/46 on the Protection of Individuals with Data Protection Act 2003
unofficial compendium
regard to the processing of personal data and on the free
movement of such data. (Data Protection Directive)

Privacy and Electronic Communications Directive European Communities (Electronic Sector specific amendments to DPA

(2002/58) (ePrivacy Directive) Communications Networks And Services)


(Data Protection And Privacy) Regulations
2003 (SI 535 / 2003)

Directive 2006/24/EC on the retention of data generated [Criminal Justice (Terrorist Offences) Act Amends 2002/58/EC.
DRI v. Minister for Communications
or processed in connection with the provision of publicly 2005]
available electronic communications services or of public Communications (Retention of Data) Bill
communications networks 2009

Directive 2009/136/EC To be implemented by 25 May 2011 “Cookie Directive”


Data Protection Flowchart
Article 8 ECHR: Right to respect for private life, family, European Convention on Human Rights Bearing on the law of confidence. Possible relief for victims of data
theft.
home and correspondence Act 2003
1. Everyone has the right to respect for his private and
family life, his home and his correspondence.

2. There shall be no interference by a public authority with


the exercise of this right except such as is in accordance
with the law and is necessary in a democratic society in
the interests of national security, public safety or the
economic well-being of the country, for the prevention of
disorder or crime, for the protection of health or morals,
or for the protection of the rights and freedoms of others.

EU Charter of Rights: Articles II - 7 & 8 Article 7: Respect for private and family life:
Everyone has the right to respect for his or her private and family
life, home and communications.

Article 8: Protection of personal data


Everyone has the right to the protection of personal data concerning
him or her.
Such data must be processed fairly for specified purposes and on the
basis of the consent of the person concerned or some other
legitimate basis laid down by law. Everyone has the right of access to
data which has been collected concerning him or her, and the right
to have it rectified.
Compliance with these rules shall be subject to control by an
independent authority.

Lisbon Treaty, Art.16 Art.16 Lisbon Treaty:


1. Everyone has the right to the protection of personal
data concerning them.
2. The European Parliament and the Council, acting in
accordance with the ordinary legislative procedure, shall lay down
the rules relating to the protection of individuals with regard to the
processing of personal data by Union institutions, bodies, offices and
agencies, and by the Member States when carrying out activities
which fall within the scope of Union law, and the rules relating to the
free movement of such data.

Compliance with these rules shall be subject to the


control of independent authorities. …..

Mícheál O’Dowd (January 2011)

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