Convention for the protection of individual with regard to automatic processing of personal data “The purpose of this convention is to secure in the territory.

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Presentation transcript:

Convention for the protection of individual with regard to automatic processing of personal data “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 an fundamental freedoms, and in particular his right to privacy, with respect to automatic processing of personal data relating to him (data protection).”

Applies to automated personal data files and automatic processing of personal data in the public and private sectors. Article 5: quality of data: obtained legally and fairly; stored for specified and legitimate purpose; not be excessive in relation to the purpose for which they are stored; be accurate and kept up to date; preserved in a form which permits identification of the data subject for no longer than is required for the purpose.

Article 6: special categories of data: personal data revealing racial origin, political opinions or religious or other beliefs, data concerning health of sexual life, may not be processed automatically unless domestic law provides appropriate safeguards. May also apply to data relating to criminal convictions. Article 7: data security: appropriate security measures Article 8: additional safeguards for data subject—be able to know of existence of data file, its purpose, identity of controller, be able to get rectification or erasure of such data if processed contrary to Articles 5 and 6; have a remedy if request for rectification not complied with.

Article 12: transborder data flows – A Party shall not for the sole purpose of the protection of privacy, prohibit or subject to special authorization transborder flows of personal data going to the territory of another Party. Unless the Party has legislation regarding certain categories of personal data and the other Party does not offer equivalent protection or unless the information is being transferred in a manner to circumvent the legislation

Article 13 co-operation between parties Article 14 assistance to data subjects resident abroad seeking to exercise their rights under Article 8 Article: 18 consultative committee—each party to have a representative and a deputy representative Article 19 functions of the committee—make proposals to amend or apply the convention