欧盟金融业数据保护法律

Financial Privacy and Data Protection in the enlarged European Union

Prof. Dr. Alfred Büllesbach, Chief Corporate Data Protection

Officer

Prof. Dr. Alfred Büllesbach

customer data

PIN TAN credit line account balance debit balance

name address telephone number account number spreading of risks Income financial obligations Places of whereabout s

Risks and Dangers •Creation of User profiles

•Manipulation of transferred or stored data •Unauthorised knowledge of data

•Misuse of data for purposes they were not collected for

•Unauthorised use of data

•Deletion of data by unauthorised persons

Objective of Data Protection:

Protection of the personal rights of those whose data is being processed

Prof. Dr. Alfred Büllesbach

Basic Principles of Data Protection in Europe I ➔Data Avoidance and Economy

➔Legal authorisation or customer consent

➔Data integrity and accuracy

➔Compliance with the purpose

➔Restrictions on data transfer to foreign countries

➔Binding employees to data secrecy and limitation/control of access to personal customer data

➔Assuring technical data security

Prof. Dr. Alfred Büllesbach

Basic Principles of Data Protection in Europe II ➔Rights to individuals:

•notice

•access

•correction an deletion

•objection against data use for marketing purposes

•right not to be subject to an automated

individual decision

➔Only in Germany:

•According to Section 6c of the BDSG, mobile storage media (chip cards) must be

submitted to prior data-protection checks by

the corporate data-protection officer.

•Section 6b of the BDSG restricts the optical supervision of rooms open to the public. The

concerned individual must be informed about

Prof. Dr. Alfred Büllesbach

International data-protection regulations in Europe: Conventions and Charters •Article 8 of the Convention of the Council of Europe for the Protection of Human Rights and Fundamental Freedoms:

“Everyone has the right to respect for his private and family life,

his home and his correspondence.”•Convention of the Council of Europe for the Protection of Individuals with regard to Automatic

Processing of personal Data

•Article 8 Section 1 of the Charter of Fundamental Rights of the European Union:

“Everyone has the right to the protection of personal data

concerning him or her.”

➨The right to data protection is a human right in

Prof. Dr. Alfred Büllesbach