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EU Directive 95/46/EC (Paragraph 2) “Whereas data-processing systems are designed to serve man; whereas they must . . . Respect their fundamental rights.

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Presentation on theme: "EU Directive 95/46/EC (Paragraph 2) “Whereas data-processing systems are designed to serve man; whereas they must . . . Respect their fundamental rights."— Presentation transcript:

1 EU Directive 95/46/EC (Paragraph 2) “Whereas data-processing systems are designed to serve man; whereas they must Respect their fundamental rights and freedoms, notably the right to privacy, and contribute to economic and social progress, trade expansion and the well-being of individuals.” (Paragraph15) Whereas the processing of such data is covered by this Directive only if it is automated or if the data processed are contained or are intended to be contained in a filing system structure according to specific criteria relating to individuals, so as to permit easy access to the personal data in question . . “

2 (Paragraph 27) “Whereas the protection of individuals must apply as much to automatic processing of data as to manual processing This Directive covers only filing systems, not unstructured files; whereas, in particular, the content of a filing system must be structured according to specific criteria relating to individuals allowing easy access to the personal data different criteria for determining the constituents of a structured set of personal data, and the different criteria governing access to such a set may be laid down by each Member State . . .”

3 EU Directive 95/46/EC Three Sections
Regulation regarding the collection and handling of personal data Regulations concerning the legitimate processing of personal data Regulations regarding the exportation of personal data from the EU Requires member states to ensure that they give individuals a direct right of action for mishandling of personal data (“any information relating to an indentified or identifiable natural person”)

4 Collection of personal data
Collected for specified and legitimate purposes and not processed further Relevant and not excessive for the purpose collected Accurate and updated as necessary Kept in a form that permits identification of data subjects no longer than necessary Kept confidential and secure Also data subjects must be informed of identity of individual in charge of data and their right of access and correction of errors

5 Processing of personal data
“lawful and fair to the individuals concerned” Adequate, relevant and not excessive in relation to the purposes for which they are processed Only if data subject has unambiguously given consent, or Processing is necessary for the performance of a contract to which the data subject is a party, or Necessary for compliance with data subject’s legal obligations, or Necessary to protect the vital interests of the data subject or the official authority of data controller, or

6 More on processing Necessary to legitimate interest pursued by the data controller, except where data subject’s privacy interests outweigh Controller must tell Member State’s data protection authority of carrying out any wholly or partly automated processing operation

7 Exported from EU Country provides an “adequate level of protection”
Data subject has given unambiguous consent Necessary to the performance of a contract between data subject and controller Necessary for the conclusion or performance of a contract between the controller and third party in the data subject’s interest

8 More on exported from EU
Necessary or legally required in the public interest or for legal claims Necessary to protect the vital interests of the data subject Transfer is made from a register which according to laws and regulations is intended to provide information to the public. Safe Harbor


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