International Law The ECHR affirms – privacy rights are key in international law Koutras 14 Nikolaos Koutras, MSc, PhD Candidate Macquarie Law School, Australia “TRENDS TOWARDS STRONGER DATA PROTECTION: THE RIGHT BE FORGOTTEN IN THE EUROPEAN UNION” European Scientific Journal April 2014 edition vol.10, No.10 [PDI] Under the Article 8 of the European Convention of Human Rights (ECHR), a right to protection against the collection and use of personal data forms part of the right to respect for private and family life, home and correspondence. A right to protection of an individual‘s private sphere against intrusion from others, in particular from the state, was laid down in an international legal instrument for the first time in Article 12 on the United Nations Universal Declaration of Human Rights (UDHR) of 1948 on respect for private and family life. The UDHR influenced the development of other The right to protection of personal data forms part of the human rights tools in Europe (United Nations, 1948). rights protected under Article 8 of the ECHR, which guarantees the right to respect for private and family life, home and correspondence and lays down the conditions under which restrictions of this are permitted (Council of Europe, 1950). With the ‗revolution‘ of information technology in the 1960s, a burgeoning need developed for more detailed By the mid-1970s, the Committee of Ministers regulations to safeguard individuals by protection their (personal data). of the Council of Europe adopted assorted resolutions on the protection of personal data, In 1981, a Convention for the protection of individuals referring to the abovementioned Article 8 of the ECHR. concerning the automatic processing of personal data was opened for signature. (Convention 108) convention 108 was, and still continues to be the only legally binding Taking everything into consideration, international instrument in the data protection field (Council of Europe, 1981).
International Law The ECHR affirms – privacy rights are key in international law Koutras 14 Nikolaos Koutras, MSc, PhD Candidate Macquarie Law School, Australia “TRENDS TOWARDS STRONGER DATA PROTECTION: THE RIGHT BE FORGOTTEN IN THE EUROPEAN UNION” European Scientific Journal April 2014 edition vol.10, No.10 [PDI] Under the Article 8 of the European Convention of Human Rights (ECHR), a right to protection against the collection and use of personal data forms part of the right to respect for private and family life, home and correspondence. A right to protection of an individual‘s private sphere against intrusion from others, in particular from the state, was laid down in an international legal instrument for the first time in Article 12 on the United Nations Universal Declaration of Human Rights (UDHR) of 1948 on respect for private and family life. The UDHR influenced the development of other human rights tools in Europe (United Nations, 1948). The right to protection of personal data forms part of the rights protected under Article 8 of the ECHR, which guarantees the right to respect for private and family life, home and correspondence and lays down the conditions under which restrictions of this are permitted (Council of Europe, 1950). With the ‗revolution‘ of information technology in the 1960s, a burgeoning need developed for more detailed regulations to safeguard individuals by protection their (personal data). By the mid-1970s, the Committee of Ministers of the Council of Europe adopted assorted resolutions on the protection of personal data, referring to the abovementioned Article 8 of the ECHR. In 1981, a Convention for the protection of individuals concerning the automatic processing of personal data (Convention 108) was opened for signature. Taking everything into consideration, convention 108 was, and still continues to be the only legally binding international instrument in the data protection field (Council of Europe, 1981).
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