Law & Data Course Overview 2024/2025
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What is the principle of proportionality in the context of limitations on rights?

  • Limitations can be imposed without any justification.
  • Limitations may only be made if they genuinely meet objectives of general interest. (correct)
  • Limitations should only protect the interests of the state.
  • Limitations must be reasonable and necessary to achieve explicit objectives.

    • Which of the following is NOT a general principle of EU law?

  • Legal certainty
  • Primacy of EU Law
  • Protection of fundamental rights
  • Direct applicability of international agreements (correct)

    • What does Article 6(3) TEU emphasize regarding fundamental rights?

  • They are exclusively determined by national laws.
  • They are solely based on EU legislation.
  • They can be overridden for state security purposes.
  • They are guaranteed by the European Convention and constitutional traditions. (correct)

    • In what context can the European Union conclude international agreements?

    <p>When provided for in Treaties or legally binding acts.</p> Signup and view all the answers

    Which principle emphasizes the expectation that actions by the EU will be consistent?

    <p>Legitimate expectation</p> Signup and view all the answers

    What is meant by 'primacy of EU Law'?

    <p>EU law takes precedence over conflicting national laws.</p> Signup and view all the answers

    Which of the following best describes the development of legal principles in EU law?

    <p>They are subject to constant development from constitutional traditions.</p> Signup and view all the answers

    Which statement about limitations on rights is accurate?

    <p>Limitations must be proportionate to the legitimate aim pursued.</p> Signup and view all the answers

    What article outlines the process for a European state to apply for EU membership?

    <p>Article 49 TEU</p> Signup and view all the answers

    Which of the following is NOT mentioned as a common value that applicant states must respect?

    <p>Economic stability</p> Signup and view all the answers

    What must happen after an application for EU membership is submitted?

    <p>The Council must act unanimously after consulting the Commission.</p> Signup and view all the answers

    Which body is responsible for notifying the European Parliament of a new membership application?

    <p>The Council</p> Signup and view all the answers

    What condition must an applicant state fulfill to be considered for EU membership?

    <p>Undertake to promote the common values of the Union.</p> Signup and view all the answers

    Which statement about ratification of the agreement is TRUE?

    <p>It must be ratified by all contracting states according to their constitutional requirements.</p> Signup and view all the answers

    Which aspect is LEAST important in the assessment of an applicant state’s eligibility for EU membership?

    <p>Commitment to military cooperation</p> Signup and view all the answers

    What role does the European Parliament play in the membership application process?

    <p>It must be consulted and must give consent by a majority.</p> Signup and view all the answers

    What is considered the most comprehensive of rights valued by civilized men?

    <p>Right to be let alone</p> Signup and view all the answers

    Which of the following is NOT explicitly mentioned as part of the right to privacy?

    <p>Right to public speech</p> Signup and view all the answers

    According to the provided content, what is a primary distinction in the legal traditions concerning privacy?

    <p>Common law focuses on individual liberty while civil law emphasizes dignity.</p> Signup and view all the answers

    What does personal data refer to in the context provided?

    <p>Information that can identify a natural person directly or indirectly</p> Signup and view all the answers

    Which article of the UN Universal Declaration of Human Rights addresses privacy?

    <p>Article 12</p> Signup and view all the answers

    Which statement best describes the relationship between the right to privacy and personal data?

    <p>They are intertwined and sometimes overlap.</p> Signup and view all the answers

    In the common law tradition, which right primarily relates to freedom from interference?

    <p>Right to liberty</p> Signup and view all the answers

    Which of the following best defines 'personhood' in the context of privacy rights?

    <p>Protection of identity and dignity</p> Signup and view all the answers

    What does the term 'non-interference' imply in terms of privacy rights?

    <p>Freedom from unwarranted intrusion</p> Signup and view all the answers

    What does Article 8(1) of the CFR emphasize regarding personal data?

    <p>The right to protect personal data</p> Signup and view all the answers

    Which principle from the OECD Privacy Guidelines focuses on ensuring the quality of collected data?

    <p>Data Quality Principle</p> Signup and view all the answers

    What is CoE Convention 108 significant for?

    <p>It is the first legally binding instrument on data protection.</p> Signup and view all the answers

    Which of the following principles is NOT included in CoE Convention 108?

    <p>Right to deletion without reason</p> Signup and view all the answers

    The Openness Principle under the OECD guidelines primarily relates to which aspect?

    <p>Transparency of data processing practices</p> Signup and view all the answers

    What does the Purpose Specification Principle require?

    <p>Data must be collected for specific, legitimate purposes.</p> Signup and view all the answers

    Which article of the Treaty on European Union (TEU) relates specifically to data protection?

    <p>Article 39</p> Signup and view all the answers

    In CoE Convention 108, which of the following is a fundamental right for individuals concerning their personal data?

    <p>Right to know what information is stored</p> Signup and view all the answers

    The Accountability Principle in the OECD guidelines emphasizes which of the following?

    <p>Organizations must be accountable for their data practices.</p> Signup and view all the answers

    Which principle from CoE Convention 108 emphasizes the necessity for legitimate and fair data processing?

    <p>Legitimate purposes</p> Signup and view all the answers

    What does the Security Safeguards Principle require organizations to implement?

    <p>Strong security measures for data protection</p> Signup and view all the answers

    What is the main responsibility of the data controller?

    <p>To determine the purposes and means of processing personal data</p> Signup and view all the answers

    Which of the following is NOT a right of the data subject under GDPR?

    <p>Right to privacy without request</p> Signup and view all the answers

    Which directive emphasizes the need for consent when processing personal data?

    <p>General Data Protection Regulation (GDPR)</p> Signup and view all the answers

    What is the purpose of the Data Protection Management System (DPMS)?

    <p>To ensure compliance with legal regulations</p> Signup and view all the answers

    What must processors do according to their obligations under GDPR?

    <p>Act upon instructions of the controller</p> Signup and view all the answers

    Which of the following is a component of the Data Protection by Design principle?

    <p>Implementing pseudonymization techniques</p> Signup and view all the answers

    What does the right to be forgotten entail?

    <p>The data subject can request erasure of personal data</p> Signup and view all the answers

    Under the GDPR, who is required to appoint a Data Protection Officer?

    <p>Organizations involved in large-scale data processing</p> Signup and view all the answers

    What is the significance of the principle of data minimization?

    <p>To process only data necessary for the specified purpose</p> Signup and view all the answers

    Which of the following best describes the role of a Data Protection Officer?

    <p>To monitor compliance with data protection laws</p> Signup and view all the answers

    According to GDPR, what is one of the obligations of the data processor?

    <p>Design and implement secure data systems</p> Signup and view all the answers

    What should a data controller maintain as part of their obligations under GDPR?

    <p>Record of processing activities</p> Signup and view all the answers

    What is the primary goal of the European Electronic Communications Code?

    <p>To promote connectivity across the EU</p> Signup and view all the answers

    What does 'processing' of personal data encompass?

    <p>Any operation performed on personal data</p> Signup and view all the answers

    What is the primary purpose of the General Data Protection Regulation (GDPR)?

    <p>To ensure the protection of personal data and the rights of data subjects</p> Signup and view all the answers

    Which of the following is classified as sensitive data under GDPR?

    <p>Racial or ethnic origin</p> Signup and view all the answers

    Which condition must be met for processing sensitive data according to GDPR?

    <p>Explicit consent must be obtained</p> Signup and view all the answers

    What is a Data Protection Impact Assessment (DPIA)?

    <p>An assessment of the impact of processing operations on data protection</p> Signup and view all the answers

    Under GDPR, what does the term 'data minimization' refer to?

    <p>Ensuring data is relevant and limited to what is necessary</p> Signup and view all the answers

    Which of the following is NOT a principle outlined by GDPR?

    <p>Data retention</p> Signup and view all the answers

    What is required for personal data to be considered accurate under GDPR?

    <p>It must reflect the truth of the situation</p> Signup and view all the answers

    What does GDPR state regarding the accessibility of personal data?

    <p>It should only be accessed with the individual's intervention</p> Signup and view all the answers

    Which entity is primarily responsible for ensuring compliance with data protection rules?

    <p>The Data Protection Officer (DPO)</p> Signup and view all the answers

    What is NOT an exception for processing sensitive data under GDPR?

    <p>Data for marketing purposes</p> Signup and view all the answers

    Which of the following best defines personal data?

    <p>Information relating to an identified or identifiable natural person</p> Signup and view all the answers

    Which of the following conditions is NOT a legal basis for data processing under GDPR?

    <p>Spontaneous consent by third parties</p> Signup and view all the answers

    What does transparency in data processing imply according to GDPR?

    <p>Data controllers must inform data subjects about data processing activities</p> Signup and view all the answers

    Which of the following is NOT included in the content of a Data Protection Impact Assessment (DPIA)?

    <p>Assessment of data subject complaints</p> Signup and view all the answers

    Study Notes

    Course Information

    • Course title: Law & Data
    • Academic year: 2024/2025
    • University: University of Padova
    • Instructor: Fiorella Dal Monte, PhD
    • Date of presentation: October 2, 2024 (and October 4, 9, 11, 16, 18, 23, 27, 6, 8, 13, 15, 18, 20)

    Course Outline

    • Target audience
    • Syllabus and Contents
    • Reference materials
    • Exams
    • Students' meetings

    Main Contents

    • Legal Systems (EU Legal System, Basics of EU Law, Sources of EU Law)
    • EU Privacy and Personal Data Protection (General Principles, Enforcement, Protection of Other Data, Case studies/workshops)
    • EU Digital Strategy
    • AI Act
    • References to different legal systems and comparisons
    • Notion of Law
    • Basic legal notions
    • Legal systems to be considered
    • International Law
    • European Union Law

    What is Law?

    • Definition as a binding custom or practice of a community
    • Enforced by a controlling authority
    • Courts uphold, interpret, and apply law

    What is Law? (cont.)

    • Control brought about by existence or enforcement of law
    • Action of laws as means of redressing wrongs
    • Rule or order that's advisable or obligatory to observe (e.g., self-preservation)
    • Something compatible with and enforceable by established law
    • The act of the law as upheld authority

    Additional Topics

    • a rule of construction or procedure
    • whole body of laws relating to one subject (e.g., criminal, probate)
    • rule made by government to order society's behavior
    • modern separation of powers (legislative, executive, judicial)
    • legal certainty, impartiality, equality before law
    • branches of law (public, private)
    • types of state legal systems (civil, common law)
    • sources of law (hard, soft law), examples (treaties/conventions, legislation, case law, public/private policy, doctrine, fundamental principles, customary law)
    • hierarchy of sources of law
    • the European Union (what is it?, differences between the Council of Europe, European Free Trade Association, and European Economic Area, EU member states, application for EU membership, Copenhagen criteria)
    • checks and balances
    • EU secondary law (regulations, directives, decisions, opinions, recommendations, atypical acts—communications, resolutions, white papers, green papers)
    • differences between regulations, directives and decisions
    • examples of EU secondary legislation on data (e.g., Data Protection Directive, GDPR, Data Protection Law Enforcement Directive, E-communications Directive)
    • institutions of the EU (European Parliament, European Council, Council of the European Union, European Commission, Court of Justice of the EU, European Central Bank, Court of Auditors)
    • European Parliament (functions, structure, etc.)
    • European Council (functions, structure, etc.)
    • European Commission (functions, structure, etc.)
    • European Court of Justice (functions, structure, etc.)
    • Bodies of EU (European Data Protection Supervisor, European Data Protection Board, Agencies of the European Commission)
    • What is privacy? (negative, positive, common law, civil law origins, right to be let alone)
    • history of right to privacy (UN universal declaration, international covenant, EU charter)
    • OECD Privacy Guidelines
    • CoE Convention 108
    • Applicable EU legislation
    • GDPR (main subjects, data subject rights, controller obligations, processor obligations, processing of personal data, data protection impact assessment, main principles of PD processing, cases of legal permission, transparency, purpose limitation, data minimization, accuracy, storage limitation, integrity & confidentiality, accountability, privacy policy templates)

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    Related Documents

    Law & Data 2024/2025 University of Padova PDF

    Description

    Explore the foundational aspects of Law & Data in this comprehensive overview for the academic year 2024/2025 at the University of Padova. Topics include EU legal systems, privacy laws, AI regulations, and general legal principles. Perfect for students keen on understanding the interplay between law and digital innovations.

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