The ECtHR’s case law on data protection Bart van

Transcript:The ECtHR’s case law on data protection Bart van:
The ECtHR’s case law on data protection Bart van der Sloot Researcher at the Institute for Information Law, University of Amsterdam Researcher at the Netherlands Scientific Council for Government policy (Wetenschappelijke Raad voor Regeringsbeleid) Coordinator of the Amsterdam Platform for Privacy Research Amsterdam Privacy Conference 2015: www.apc2015.net Minor Privacy Studies: www.iis.uva.nl/minor-privacy Overview (1) Overview of the ECtHR’s case law on Article 8 ECHR Break (2) Interactive discussion Break (3) The ECtHR’s case law on data protection, especially in the age of Big Data (1) Overview of the ECtHR’s case law on Article 8 ECHR ECHR European Convention on Human Rights of the Council of Europe (1950) ARTICLE 8 - Right to respect for private and family life 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 wellbeing 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. 4 Charter Charter of Fundamental Rights of the European Union (2000) 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 1. Everyone has the right to the protection of personal data concerning him or her. 2. 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. 3. Compliance with these rules shall be subject to control by an independent authority. 5 Privacy and data protection 6 Cases under the ECtHR (1) Interference (2) Prescribed by law (3) Aimed at a legitimate interests (4) Necessary in a democratic society Interference Formalities Ratione Temporis Ratione Loci Ratione Personae Ratione Materiae 8 Formalities ARTICLE 35 - Admissibility criteria 1. The Court may only deal with the matter after all domestic remedies have been exhausted, according to the generally recognised rules of international