Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS N 108) (Strasbourg, 28.I.1981)

Функция недоступна

CONVENTION

for the Protection of Individuals with regard

to Automatic Processing of Personal Data

(ETS N 108)

Strasbourg, 28.I.1981

Preamble

Chapter I. General provisions (Articles 1-3)

Chapter II. Basic principles for data protection (Articles 4-11)

Chapter III. Transborder data flows (Article 12)

Chapter IV. Mutual assistance (Articles 13-17)

Chapter V. Consultative committee (Articles 18-20)

Chapter VI. Amendments (Article 21)

Chapter VII. Final clauses (Article 22-27)

PREAMBLE

The member States of the Council of Europe, signatory hereto,

Considering that the aim of the Council of Europe is to achieve greater unity between its members, based in particular on respect for the rule of law, as well as human rights and fundamental freedoms;

Considering that it is desirable to extend the safeguards for everyone's rights and fundamental freedoms, and in particular the right to the respect for privacy, taking account of the increasing flow across frontiers of personal data undergoing automatic processing;

Reaffirming at the same time their commitment to freedom of information regardless of frontiers;

Recognising that it is necessary to reconcile the fundamental values of the respect for privacy and the free flow of information between peoples,

Have agreed as follows:

CHAPTER I. GENERAL PROVISIONS

Article 1. Object and purpose

Article 2. Definitions

Article 3. Scope

Article 1. Object and purpose

The purpose of this convention is to secure in the territory of each Party for every individual, whatever his nationality or residence, respect for his rights and fundamental freedoms, and in particular his right to privacy, with regard to automatic processing of personal data relating to him ("data protection").

Article 2. Definitions

For the purposes of this convention:

a) "personal data" means any information relating to an identified or identifiable individual ("data subject");

b) "automated data file" means any set of data undergoing automatic processing;

c) "automatic processing" includes the following operations if carried out in whole or in part by automated means: storage of data, carrying out of logical and / or arithmetical operations on those data, their alteration, erasure, retrieval or dissemination;

d) "controller of the file" means the natural or legal person, public authority, agency or any other body who is competent according to the national law to decide what should be the purpose of the automated data file, which categories of personal data should be stored and which operations should be applied to them.

Article 3. Scope

1. The Parties undertake to apply this convention to automated personal data files and automatic processing of personal data in the public and private sectors.

2. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any later time, give notice by a declaration addressed to the Secretary General of the Council of Europe:

a) that it will not apply this convention to certain categories of automated personal data files, a list of which will be deposited. In this list it shall not include, however, categories of automated data files subject under its domestic law to data protection provisions. Consequently, it shall amend this list by a new declaration whenever additional categories of automated personal data files are subjected to data protection provisions under its domestic law;

b) that