European data Protection Directive 94/46/ec // IT Management Solutions

European data Protection Directive 94/46/ec

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EU Data Protection Directive (also known as Directive 95/46/EC) is a directive adopted by the European Union designed to protect the privacy and protection of all personal data collected for or about citizens of the EU, especially as it relates to processing, using, or exchanging such data. Directive 95/46/EC encompasses all key elements from article 8 of the European Convention on Human Rights, which states its intention to respect the rights of privacy in personal and family life, as well as in the home and in personal correspondence. The Directive is based on the 1980 OECD "Recommendations of the Council Concerning guidelines Governing the Protection of Privacy and Trans-Border Flows of Personal Data."

These recommendations are founded on seven principles, since enshrined in EU Directive 94/46/EC:

  • Notice: subjects whose data is being collected should be given notice of such collection.
  • Purpose: data collected should be used only for stated purpose(s) and for no other purposes.
  • Consent: personal data should not be disclosed or shared with third parties without consent from its subject(s).
  • Security: once collected, personal data should be kept safe and secure from potential abuse, theft, or loss.
  • Disclosure: subjects whose personal data is being collected should be informed as to the party or parties collecting such data.
  • Access: subjects should granted access to their personal data and allowed to correct any inaccuracies.
  • Accountability: subjects should be able to hold personal data collectors accountable for adhering to all seven of these principles.

In the context of the Directive, personal data means "any information relating to an identified or identifiable natural person ('data subject'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity" (Article 2a). Data is considered personal when it enables anyone to link information to a specific person, even if the person or entity holding that data cannot make that link. Examples of such data include address, bank statements, credit card numbers, and so forth. Processing is also broadly defined and involves any manual or automatic operation on personal data, including its collection, recording, organization, storage, modification, retrieval, use, transmission, dissemination or publication, and even blocking, erasure or destruction (paraphrased from Article 2b).

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Us
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