DATA PROTECTION LAW
In this post we are going to present the Data Protection Law. We think that it's very important that everyone knows their own rights and know how to protect their private data on the internet.
KNOW YOUR RIGHTS!
Everyone has the right to
the protection of personal data concerning him or her
access to data which has been collected concerning him or her, and the right to have it rectified
This right is enshrined in article 8 of the Charter of Fundamental Rights.
What to do if your rights have been breached
The authorities of EU countries are bound to comply with the Charter of fundamental rights only when implementing EU law. Fundamental rights are protected by your country's constitution.
How to report a breach of your rights
National equality bodies
All EU countries must designate a national equality body responsible for promoting equal treatment.
These bodies must
- provide independent assistance to the victims of discrimination
- conduct surveys and studies
- publish independent reports and recommendations
If you feel your rights have been breached you should contact the national equality body in your country.
Types of breach
Violation by a national authority
If a national authority violates the cCharter when implementing EU law, national judges (under the guidance of the European Court of Justice) have the power to ensure that the cCharter is respected.
Violation by an EU institution
The cCharter protects individuals and legal entities against actions by the EU institutions that infringe fundamental rights. If this happens, the European Court of Justice has the power to review the legality of the act.
The European Commission takes action against a national authority
The European Commission, can take an EU country to court for violating fundamental rights when implementing EU law. But it cannot do so when only national law is concerned.
European Court of Human Rights
Independently of their obligations under EU law, all EU countries have also made commitments under the European Convention of Human Rights. This means that you can - as a last resort, after exhausting all remedies available to you in your own country - bring an action before the European Court of Human Rights in Strasbourg if an EU country has violated a fundamental right guaranteed by the European Convention on Human Rights.
To see whether or not your complaint is admissible, you can consult the admissibility checklist of the European Court of Human Rights.
What the Commission is doing to protect your rights
Law
The European Commission put forward its EU Data Protection Reform in January 2012 to make Europe fit for the digital age. More than 90% of Europeans say they want the same data protection rights across the EU – and regardless of where their data is processed.
The regulation is an essential step to strengthen citizens' fundamental rights in the digital age and facilitate business by simplifying rules for companies in the digital single market. A single law will also do away with the current fragmentation and costly administrative burdens, leading to savings for businesses of around €2.3 billion a year.
The directive for the police and criminal justice sector protects citizens' fundamental right to data protection whenever personal data is used by criminal law enforcement authorities. It will in particular ensure that the personal data of victims, witnesses, and suspects of crime are duly protected and will facilitate cross-border cooperation in the fight against crime and terrorism.
On 15 December 2015, the European Parliament, the Council and the Commission reached agreement on the new data protection rules, establishing a modern and harmonised data protection framework across the EU. The European Parliament's Civil Liberties committee and the Permanent Representatives Committee (Coreper) of the Council then approved the agreements with very large majorities. The agreements were also welcomed by the European Council of 17-18 December as a major step forward in the implementation of the Digital single market strategy.
On 8 April 2016 the Council adopted the regulation and the directive. On 14 April 2016 they were adopted by the European Parliament. On 4 May 2016, the official texts were published in the EU Official Journal in all the official languages. The regulation came into force on 24 May 2016 and will apply from 25 May 2018. The directive entered into force on 5 May 2016 and EU countries have to transpose it into their national law by 6 May 2018.
Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Directive (EU) 2016/680 on the protection of natural persons regarding processing of personal data connected with criminal offences or the execution of criminal penalties, and on the free movement of such data.
We used the website:https://ec.europa.eu/info/law/law-topic/data-protection/data-protection-eu_en to help us.