Module 1 · Foundations: UDHR and ECHR
European data protection grows from two human-rights instruments. The Universal Declaration of Human Rights (UDHR) was adopted on 10 December 1948 and is nonbinding; the European Convention on Human Rights (ECHR) came into force in 1953, is a binding treaty drawn up by the Council of Europe, and is enforced by the European Court of Human Rights (ECtHR) in Strasbourg. Both protect a private life AND freedom of expression, and both require a balance between the two.
The Universal Declaration of Human Rights (UDHR) was adopted by the UN General Assembly on 10 December 1948. It is nonbinding but set milestone standards that influenced European data protection. Key provisions: Article 12 (right to a private life), Article 19 (freedom of opinion and expression, regardless of frontiers) and Article 29(2) (rights are not absolute and must be balanced).
The European Convention on Human Rights (ECHR) was drawn up by the Council of Europe (based on the UDHR) and came into force in 1953. It is an international treaty enforced by the European Court of Human Rights (ECtHR) in Strasbourg. All Council of Europe members have ratified it. Key provisions: Article 8 (right to private life / protection of personal data) and Article 10 (freedom of expression), with Articles 8(2) and 10(2) confirming the rights are not absolute and must be balanced.
The UDHR is nonbinding; the ECHR is a binding international treaty. Both enshrine privacy AND freedom of expression, with a balancing exercise between the two.