PDP PPT 1
PDP PPT 1
PDP PPT 1
Protection and
Management
Clare Keonha Shin
Assessment
Promoting law-abiding
behaviour, preventing
illegal behavior and
managing legal risks
Proactive approach to ↑ legal ↓ legal
law certainty costs
Understanding and
using law as a source
of competitive
advantage
m.marzetti@ieseg.fr
• Privacy is a broader concept than data protection. E.g.
Evolution of Privacy concerns imposes limitations to the interference
with family life, drone flying zones, etc.
the legal idea • Physical: Every man's home is his castle.” (Sir Edward
Cooke, 1604)
of privacy • "The Right to be left alone" by Samuel Warren and Louis
(US) Brandeis, 1890 Harvard Law Review
• Implicit right to privacy in US Constitution (14th
Amendment, fundamental right to privacy). The US
Supreme Court first recognized the right to privacy
in Griswold v. Connecticut (1965). (Privacy for
contraception for married couples).
• Roe v. Wade (1973). (Abortion, overturned by Dobbs).
• Lawrence v. Texas (2003). (Same sex).
• Data protection is anchored in the European
Evolution of history (Nazi Germany and the Holocaust)
• Data protection as a reflection of the human right
the legal idea to one’s privacy
of privacy • The EU has created a legal framework to regulate
(EU) privacy, not a market one
• Early national privacy laws (France 1978),
Germany (1983)
• OECD Guidelines as the basis for EU Law
• Data Protection Directive (1995)
• General Data Protection Regulation (2018)
• More than a 100 countries have already enacted privacy laws
Privacy Laws
Around the World • Recent important examples are the Brazilian LGPD and the Californian
CCPA
• There are different approaches to privacy, based on different
philosophical conceptions (US-EU)
• There are also economic and geopolitical dimensions to data protection
• On 24 August 2017, the Supreme Court of India in a
historic judgement declared the right to privacy as a
Indian Supreme fundamental right protected under the Indian
Court Declares Constitution. In Puttuswamy v. Union of India.
Right To Privacy • The right to privacy is a fundamental right protected
A Fundamental under Part III of the Constitution of India.
Right • While primarily focused on the individual's right
against the State for violations of their privacy, this
landmark judgement will have repercussions across
both State and non-State actors and will likely result
in the enactment of a comprehensive law on privacy.
• Full article: https://www.mondaq.com/india/privacy-
protection/625192/supreme-court-declares-right-to-
privacy-a-fundamental-right
Only California, Nevada
US State Privacy Laws and Maine have enacted
state privacy laws
• The Fair Credit Reporting Act [FCRA] (1970)
• US Privacy Act (1974)
• Health Insurance Portability and Accountability
US Federal Act [HIPAA] (1996)
Privacy Laws • Children’s Online Privacy Protection Act
[COPPA] (2000)
• Gramm-Leach-Bliley Act [GLBA] (1999) –
financial institutions
Sources of EU
Rights of Privacy
Universal
Declaration of
Human Rights Article 12.
(UN, 1948) No one shall be subjected to arbitrary
interference with his privacy, family, home or
correspondence, nor to attacks upon his
honour and reputation. Everyone has the
right to the protection of the law against such
interference or attacks.
The European ARTICLE 8
Convention of Right to respect for private and family life.
Human Rights Everyone has the right to respect for his
private and family life, his home and his
take on Privacy correspondence.
(1953) 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 well-being 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.
EU Charter of
Fundamental
Rights (2009) 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
EU Charter of Protection of personal data
Fundamental 1. Everyone has the right to the protection of
personal data concerning him or her.
Rights (2009)
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.