Data Protection

Abstract

This chapter scrutinizes the IOR between the EU and the COE concerning data protection. Within this issue area, one can observe — over the time frame of 30 years — a powerful EU interested in data protection, pressuring the COE, the previous undisputed standard-setter, and heavily impacting decisions made in Strasbourg. The originally envisaged EU accession to the COE Convention 108 on data protection has never materialized. In the wake of a competitive EU directive on data protection, the COE — fearing marginalization — took a critical stance toward the EU’s newfound interest. However, the EU, to an ever-increasing degree, has been pushing back the leadership role of the COE. Before tackling these issues in depth, this chapter starts out by highlighting the beginnings of data protection law at the member state level and by tackling both the COE’s and the EU’s roles concerning data protection.