1. Data Protection and Freedom of expression Sophie Kwasny
International Symposium
“Protection and Promotion of Freedom of Expression
and Media Freedom”
Sophie Kwasny
Ankara, 27 March 2017

2. Data protection : an enabling right
ECHR
Article 8 – Right to private life
Article 6 – Right to a fair trial
Article 9 – Freedom of thought, conscience and religion
Article 10 – Freedom of expression
Article 11 – Freedom of assembly and association

3. Convention 108 today
50 Parties (including Uruguay, Mauritius, Senegal)
Pending: Morocco,Tunisia, Cape Verde
Burkina-Faso
+ observers (USA, Canada, Australia, South Korea, Mexico, Indonesia –
requests by Japan and Philippines)
= TOTAL OF OVER 60 COUNTRIES

4. Convention 108 in the world

5. Convention 108 and freedom of expression
Article 1: secure rights and fundamental freedoms, and in particular the right to privacy, with regard to automatic processing
Article 9: exception when prescribed by law, necessary in a democratic society for “protecting the rights and freedoms of others”
Article 12: transborder data flows

6. Modernisation of Convention 108
Modernisation trends :
promote as a universal standard
preserve general, simple, flexible and pragmatic character
ensure coherence with other relevant frameworks (EU, OECD, APEC)

7. Convention 108 modernised
What’s new ?
Language
Scope
Principles for the protection of personal data
Sensitive data
Rights of the data subjects
Data controllers’ obligations
Exceptions
Transborder flows of personal data
Supervisory authorities
Committee of the Parties

8. Convention 108 modernised
Preamble
“Recalling that the right to protection of personal data is to be considered in respect of its role in society and that it has to be reconciled with other human rights and fundamental freedoms, including freedom of expression”
Article 9
Necessary for the protection of the rights and fundamental freedoms of others, notably freedom of expression
Article 12
Transborder flows of data may take place when necessary for freedom of expression

9. Convention 108 and Turkey Convention 108 signed on 28/01/1981
Law 6698 entered into force on 7 April 2016
Ratified on 02/05/2016
Entry into force 01/09/2016
Additional Protocol of 2001
Ratified on 11/07/2016
Entry into force on 01/11/2016
Independent Supervisory authority (article 19 et seq)

10. Data protection and Media actors
Balancing test: general public interest/public figure/prior conduct of the person/ content, form and consequences of the publication/how the information was obtained/ type of information/use of investigative techniques etc.
Media company acting as a data controller
Security obligations / protection of sources

11. “Mutually reinforcing rights”
Other relevant work
“Mutually reinforcing rights”

12. Thank you for your attention