Area Of Application Of The Additional Protocol To The Convention On The Protection Of Individuals With Regard To Automatic Processing Of Personal Data Regarding Supervisory Authorities And Cross-Border Datenve...

Original Language Title: Geltungsbereich des Zusatzprotokolls zum Übereinkommen zum Schutz des Menschen bei der automatischen Verarbeitung personenbezogener Daten betreffend Kontrollstellen und grenzüberschreitenden Datenve...

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24 announcement of the Federal Chancellor concerning the field of application of the additional protocol to the Convention on the protection of individuals with regard to automatic processing of personal data regarding supervisory authorities and cross-border traffic

After notifications the Secretary of General of the Council of Europe, following further States have their instruments of ratification to the additional protocol to the Convention on the protection of individuals with regard to automatic processing of personal data regarding supervisory authorities and cross-border traffic (BGBl. III No. 91/2008) deposited:



Date of deposit of the instrument of ratification:


July 8, 2010


July 28, 2009


May 5, 2009


January 28, 2010

Former Yugoslav Republic of Macedonia

September 26, 2008

Republic of Moldova

September 28, 2011


December 24, 2008


March 3, 2010


December 8, 2008


June 3, 2010


September 30, 2010 on the occasion of the deposit of its instrument of ratification have following States expressed the following reservations and declarations:


In accordance with article 1, paragraph 1 of the Protocol, Bulgaria declares that: a. in accordance with article 1 para 1 of the additional protocol, the supervisory authority is the Commission for the protection of personal data;

The Commission for the protection of personal data is an independent public authority that protects natural persons in the processing of their personal data and assists in the provision of access to these data;

c. the Commission for the protection of personal data communicated decisions on complaints by individuals regarding the violation of their rights with regard to the processing of personal data;

(d) the decisions of the Commission for the protection of personal data can be challenged before the Supreme Administrative Court;

e. the transmission of personal data to another country is allowed only if a sufficient level of protection of personal data on its territory is guaranteed.


In the case of the extension of the additional protocol by the United Kingdom on Gibraltar, Spain would like to make following statement: 1. Gibraltar is a non-autonomous territory for whose international relations the United Kingdom is responsible and which is subject to a decolonization process in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations.

2. the authorities of Gibraltar are of a local nature and exercise based on the distribution and Division of responsibilities exclusively internal responsibilities with origin, which takes in the United Kingdom in accordance with the provisions of its national legislation and in its capacity as a sovereign State, which is subject to the non-autonomous area.

3. thus is the possible involvement of the authorities of Gibraltar in the application of the Convention be understood as that takes place exclusively within the internal jurisdiction of Gibraltar and should not be considered as a change of what was set out in the two preceding paragraphs.


In addition, the Niederlande1 have made following release on September 28th, 2010:

Currently, the Kingdom of the Netherlands consists of three parts: the Netherlands, the Netherlands Antilles and Aruba. Netherlands Antilles consists of the islands of Curaçao, St. Maarten, Bonaire, Sint Eustatius and Saba.

With effect from October 10, 2010, the Netherlands Antilles cease as are part of the Kingdom of the Netherlands. As of this day the Kingdom consists of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten enjoy internal self-government within the Kingdom, as well as Aruba and until October 10, 2010 the Netherlands Antilles.

It's a change in the internal constitutional structure of the Kingdom of the Netherlands. The Kingdom of the Netherlands remains according to unchanged the subjects of international law, international agreements are completed. Changing the structure of the Kingdom has therefore no consequences for the validity of international conventions ratified by the Kingdom of the Netherlands Antilles. This agreement, including any made reservations, will continue to apply for Curaçao and Sint Maarten.

The remaining islands which were part of the Netherlands Antilles - Bonaire, Sint Eustatius and Saba - become part of the Netherlands and make "the Caribbean part of the Netherlands" as such. The previously applicable in the Netherlands Antilles Convention also continues to apply for these islands; However, the Government of the Netherlands will now assume responsibility for the implementation of this Convention.

In addition, a number of agreements which currently apply in the Netherlands, is hereby starting from October 10, 2010 applicable declared on the Caribbean part of the Netherlands.