Human rights law foundations
European data protection rests on . The Universal Declaration of Human Rights (1948) set the values: Article 12 protects privacy, Article 19 protects freedom of expression, and Article 29(2) confirms rights are not absolute. The ECHR (signed Rome 1950, in force 1953) made these binding on Council of Europe members, with Article 8 ECHR protecting private and family life and the ECtHR in Strasbourg enforcing it.
The Universal Declaration of Human Rights, adopted 10 December 1948 by the UN General Assembly after World War II, provided the basis for later European data protection. Article 12 protects privacy, family, home and correspondence; Article 19 protects freedom of opinion and expression. These appear to clash but are reconciled by Article 29(2), which confirms rights are subject to limitations determined by law for the rights of others, morality, public order and general welfare.
In Rome in 1950 the Council of Europe invited states to sign the ECHR, which entered into force 3 September 1953. It applies only to member states and new members are expected to ratify it. Article 8 ECHR echoes UDHR Article 12 and protects private and family life, home and correspondence. Article 8(2) allows interference only where in accordance with the law and necessary in a democratic society (e.g. national security, public safety, prevention of crime). Article 10 protects freedom of expression and is similarly qualified.
The ECHR and the ECtHR belong to the Council of Europe, not the EU. The EU's own data protection instruments (Directive, GDPR) and the Charter are separate. Mixing these up is a classic mistake.
| Feature | UDHR | ECHR |
|---|---|---|
| Year | 1948 | Signed 1950, in force 1953 |
| Body | UN General Assembly | Council of Europe |
| Privacy article | Article 12 | Article 8 |
| Free expression article | Article 19 | Article 10 |
| Binding? | A declaration of values | Binding treaty on member states, enforced by the ECtHR |
On 1 November 1998 the court system was restructured into a single full-time ECtHR. Its rulings are binding on the states concerned and can lead to changed legislation or practice; it may also give advisory opinions at the request of the Committee of Ministers.