December 08, 2020

Taking Data Protection out of the Ivory Silo: Sophie Kwasny (Council of Europe) and Michael Donohue (OECD) on Fundamental Rights Protection

48 minutes

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Since the Schrems-II judgment came down on July 16th, the message has slowly sunk in that Europe is serious about looking at privacy and data protection through the glasses of fundamental rights protection. That was even reinforced by the Privacy International and Quadrature du Net cases, published at the start of October. Any interference with the fundamental rights to privacy and data protection, needs to be limited in time, scope and content, according to the courts, as well as necessary and proportionate. But what does it actually mean that privacy and data protection ARE fundamental rights. And is the “universal fundamental rights approach” compatible with a more economic rights approach taken in other jurisdictions?

In this episode of Serious Privacy, Paul Breitbarth and K Royal speak to two guests from international organisations working on fundamental rights. Sophie Kwasny is the Head of the Data Protection Unit of the Council of Europe, and as such, one of the key players when it comes to the so-called Convention 108. Michael Donohue is the Data Protection Officer for the Organisation for Economic Cooperation and Development. Join Paul, K, Sophie and Michael as they discuss ongoing international developments in the privacy community.

Resources

Council of Europe data protection website
Convention 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data
Convention 108+ on the protection of individuals with regard to the processing of personal data
OECD Privacy Guidelines
Article by Colin Bennett on why Canada should accede to Convention 108+

Social Media
Twitter: @privacypodcast, @EuroPaulB, @heartofprivacy, @trustarc, @sophiekwasny, @micdonohue @COE_HRightsRLaw @OECD

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From Season 6, our episodes are edited by Fey O'Brien. Our intro and exit music is Channel Intro 24 by Sascha Ende, licensed under CC BY 4.0. with the voiceover by Tim Foley.

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By Dr. K Royal, Paul Breitbarth & Ralph O'Brien

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