DIRECTIVE 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data

From Wiki IoT
Jump to: navigation, search

European Parliament and Council, DIRECTIVE 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data, 95/46/EC, 25.10.1995

Type EU Directive
Legal context EU
Abstract
Link http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:31995L0046&from=IT
Topics Data Protection, Security, Information Security

Notes

See HELBERGER N., Digital Consumers and The Law. Towards a Cohesive European Framework, The Netherlands, Kluwer Law International, 2013.

See Opinion 8/2014 on the Recent Developments on the Internet of Things.

See Opinion 02 /2013 on apps on smart devices.


Interpretation Speculations

Art. 12 is about right to access.

  • Can we use it against the IoT product provider who doesn't make the consumer able access the data collected by the device he possesses?
  • Also, according to WP29, Opinion 8/2014 on the Recent Developments on the Internet of Things, the consumer should be able to access the raw data for the right to access to be complied with.
  • The General Data Protection Regulation Draft is even suggesting to explicitly include a right to portability.