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Title:Guideline 95/46/EG of the European parliament and the advice vom24. October 1995 to protection-natural persons on that processing personal Datenund to the free data traffic
Shortened title:European data security guideline
Right nature:EEC guideline
Area of application:European union
Right subject:Data protection law
Publication:23. November 1995 (ABl. EEC No. L 281 P. 31-50)
The entry into force to:13. December 1995
Into national to right-convert to:24. October 1998
Converted through:Law for the change of the Federal Law for Data Protection and other laws of 23. May 2001 (BGBl. I P. 901)

The European data security guideline is 1995 an issued guideline of the European community for the protection of the of natural persons with the processing of personal data.

It describes minimum standard for the data security, which must be guaranteed in all member states of the European union by national laws. Excluded from application only concerning expressly are the ranges mentioned in kind 3 exp. 2 of the guideline the second and third column of the European union, thus the common outside and security politics (GASP) and police and justiziellen co-operation in criminal actions (PJZS).

In the telecommunications the data security guideline is supplemented by in the year 2002 the issued data security guideline for electronic communication.

In Germany the European data security guideline is by the law for the change of the Federal Law for Data Protection and other laws of 23. May 2001 converted. Had preceded a violation of contract procedure introduced by the European Union commission, because the guideline had not been transformed within the agreed upon three-period of one year into German right.

In July 2005 the European Union commission reprimanded an insufficient contentwise conversion of the data security guideline to Germany. She criticizes that the places, which are entrusted with the supervision of data security, which is missing necessary independence from national influencing control. The commission introduced therefore a further violation of contract procedure.

See also: Artikel-29-Datenschutzgruppe, European commisioner for data protection.

Literature

  • Ulrich Dammann, Spiros Simitis: EEC data security guideline. Comment. Baden-Baden 1997.

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