Privacy and data security

~ Privacy

~ Data Protection

~ European Data Protection Board

~ GDPR

“personvern”

data protection

~ Westin’s privacy typology

Solitude, intimacy, anonymity, reserve

~ Orla Lynskey’s three models

Complementary to "human dignity"?

Data protection as privacy?

Data protection as a separate right?

~ CIA-model

Confidentiality, integritety, accountability/availability (including transperency)

Joined cases C-465/00, C-138/01 and C-139/01 - protecting fundamental rights

“so far as they govern the processing of personal data liable to infringe fundamental freedoms, in particular the right to privacy, must necessarily be interpreted in the light of fundamental rights”
“If the national courts conclude that the national legislation at issue is incompatible with Article 8 of the Convention, that legislation is also incapable of satisfying the requirement of proportionality in Articles 6(1)(c) and 7(c) or (e) of Directive 95/46”

Regulation 2018/1725

GDPR for EU institutions

~ EDPS/European Data Protection Supervisor

2002/58: article 13

unsolicted communcations by automated calling, including e-mail, are only permitted based on prior consent

2002/58: article 5 (3)

The cookie rule. Information capsules are only permitted based on clear and comprehensive information and the right to refuse.

~ Processor

~ Controller

~ Schengen

~ OECD Principles

• collection limitation

• data quality

• purpose specification

• use limitation

• security safeguard

• openness

• individual participation

• accountability

~ infringement

~ positive obligation

~ principle of proportionality

ICCPR Article 17

No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondance, nor to unlawful attacks upon his honour and reputation.

Everyone has the right to the protection of the law against such interference or attacks.

UDHR Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, now to attacks upon his hour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Amann v. switzerland. Right to privacy, article 8

The term prixcite life must not be interpreted too restrictively. Does not exclude activities of a professional or business nature