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...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

24th Chancellor's presentation concerning the scope of the Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data concerning Control Points and Cross-Border Traffic

According to the Communications of the Secretary-General of the Council of Europe, the following other States have their instruments of ratification of the Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data concerning Control points and cross-border data traffic (BGBl. III n ° 91/2008):

States:

Date of deposit of the instrument of ratification:

Bulgaria

8 July 2010

Estonia

28 July 2009

Ireland

5 May 2009

Liechtenstein

28 January 2010

Former Yugoslav Republic of Macedonia

26 September 2008

Moldova

28 September 2011

Monaco

24 December 2008

Montenegro

3 March 2010

Serbia

8 December 2008

Spain

3 June 2010

Ukraine

30 September 2010

On the occasion of the deposit of their instrument of ratification, the following states have declared the following reservations, or Statements made:

Bulgaria:

In accordance with Article 1 (1) of the Additional Protocol, Bulgaria declares the following:

a.

In accordance with Article 1 (1) of the Additional Protocol, the supervisory authority shall be the Commission for the protection of personal data;

b.

The Commission for the Protection of Personal Data is an independent state authority which protects natural persons in the processing of their personal data and assists in the provision of access to such data;

c.

The Commission for the protection of personal data shall transmit decisions on complaints by individuals concerning the infringement of their rights with regard to the processing of personal data;

d.

The decisions of the Commission for the protection of personal data may be challenged before the Supreme Administrative Court;

e.

The transfer of personal data to another State is only permitted if a sufficient degree of protection of the personal data is guaranteed in its territory.

Spain:

In the case of the extension of the Additional Protocol from the United Kingdom to Gibraltar, Spain would like to make the following statement:

1.

Gibraltar is a non-autonomous territory for whose international relations the United Kingdom is responsible and which, in accordance with the relevant decisions and resolutions of the General Assembly of the United Nations, is responsible for: Decolonization process is subject to

2.

The authorities of Gibraltar are of a local nature and shall exercise exclusively internal competences originating in and based on the distribution and allocation of powers which the United Kingdom shall be responsible for in accordance with its national law. legislation and in its capacity as a sovereign state to which the above-mentioned non-autonomous territory is subject.

3.

Consequently, the eventual participation of the authorities of Gibraltar in the application of the Convention must be understood to take place exclusively within the limits of the internal competences of Gibraltar and must not be regarded as a modification of the provisions of the Convention, as set out in the both previous paragraphs have been established.

In addition, the Netherlands 1 On 28 September 2010 the following communication was issued:

The Kingdom of the Netherlands currently consists of three parts: the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles are made up of the islands of Curaçao, Sint Maarten, Bonaire, Sint Eustatius and Saba.

With effect from 10. In October 2010, the Netherlands Antilles are to be held as part of the Kingdom of the Netherlands. From that day on, 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 up to 10. October 2010 the Netherlands Antilles.

It is a change in the internal constitutional structure of the Kingdom of the Netherlands. According to the Kingdom of the Netherlands, the international legal entity remains unchanged, with the international agreement. The change in the structure of the Kingdom therefore has no consequences for the validity of the international conventions ratified by the Kingdom of the Kingdom of the Kingdom of the Kingdom of the Netherlands. These Conventions, including any reservations made, continue to apply to Curaçao and Sint Maarten.

The other islands which were part of the Netherlands Antilles-Bonaire, Sint Eustatius and Saba-will form part of the Netherlands and form as such "the Caribbean part of the Netherlands". The Conventions currently in force for the Netherlands Antilles continue to apply to these islands; however, the Government of the Netherlands will now assume responsibility for the implementation of these Conventions.

In addition, a number of agreements currently in force in the Netherlands are hereby set out, starting at 10. It was declared applicable to the Caribbean part of the Netherlands in October 2010.

Faymann