THE EUROPEAN UNION DATA PROTECTION LEGAL FRAMEWORK – PART 1

1.0              Privacy is a constitutional right in all the EU countries, which seek to safeguard personal information about their citizens.

2.0              Each of the EU Member States has its own data protection commissioner, a privacy watchdog. Europe’s enthusiasm for privacy is part of the response to the region’s experiences in World War II.

3.0               In 1950 the EU Convention on Human Rights and Fundamental Freedoms was ratified.

4.0              Among other rights it guaranteed European citizens an explicit right to have their private and family life, home and correspondence protected from state interference without a lawful justification.

5.0               In 1980 the Organization for Economic Cooperation and development (OECD) adopted guidelines governing the protection of privacy and transborder flows of personal data.[1]

6.0              The EU approach to data privacy protection stems from the basic principles of Guidelines and the Conventions.

7.0              The EU Directive 95/46/EC on the Protection of Individuals with Regard to the Processing of Personal Data and the Free Movement of Such Data (‘EU Directive) was passed in October 1995.

8.0              It set forth a general framework for European data protection law with the intent to create uniformity in the processing of personal information across member states.[2]

9.0              The Data Protection Principles provided by Article 6(1) of the EU Directive, form the backbone of the EU Directive.

10.0          In the case of  Rechnungshof v Osterreichischer Rundfunk and others (2003)[3] , the European Court of Justice recognized that the EU Directive is adopted on the basis of Article 100a of the Treaty.

11.0          It intended to ensure the free movement of personal data between Member States through the harmonization of national provisions on the protection of individuals with regard to the processing of such data. Article 1, which defines the objectives of the EU Directive, provides in paragraph 2 that Member States may neither restrict nor prohibit the free flow of personal data between Member States for reasons connected with the protection of the fundamental rights and freedoms of natural persons, in particular their private life, with respect to the processing of that data.

12.0          Since any personal data can move between Member States especially in E-Commerce, the EU Directive requires in principle compliance with the rules for protection of such data with respect to any processing of data defined by Article 3.

13.0           Simultaneously any processing of personal data in the E-Commerce environment, in the community must be carried out in accordance with the law of one of the member states.[4]

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[1]               Rosemary Jay,"International Developments in Privacy Law" (2004),Volume Practising Law Institute,online,accessed on January 3rd 2006,available at http://www.web2.westlaw.com.

[2]               Michael L.Rustad & Thomas H.Koenig, "Harmonizing Cybertort For Europe and America" (2005) 5 ournal of High Technology 13,online,accessed on June 7th 2005,available at http://web.lexis-nexis.com/universe/document.

[3]               Rechnungshof v Osterreichischer Rundfunk and others [2003] ECJ CELEX NEXIS 209,online,accessed on June 5th 2006,available at http://web.lexis-nexis.com/universe/document.

[4]              Preamble (18) of the EU Directive 95/46/EC.