Scope Of The Convention For The Protection Of Individuals With Regard To Automatic Processing Of Personal Data

Original Language Title: Geltungsbereich des Übereinkommens zum Schutz des Menschen bei der automatischen Verarbeitung personenbezogener Daten

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54. Revelation of the Federal Chancellor concerning the scope of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

According to communications from the Secretary-General of the Council of Europe, the following other countries have their instruments of ratification of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (BGBl. No 317/1988, last proclamation of the BGBl area. III (No 123/2006)):

States:

Date of deposit of the instrument of ratification:

Andorra

6 May 2008

Azerbaijan

3 May 2010

Moldova

28 February 2008

Monaco

24 December 2008

Serbia

06. September 2005

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:

Andorra:

According to Art. 3 (2) lit. a of the Convention, Andorra declares that it does not apply the Convention to the following personal data:

a)

Personal data in relation to state security and the investigation or Prevention of criminal offences.

b)

Data relating to individuals and to their business, professional and commercial activities.

c)

Public directories, for which there are specific legislative provisions in Andorra, rules on banking secrecy and rules on professional secrecy.

According to Art. 3 (2) lit. b of the Convention, Andorra declares that it will apply the Convention to files containing personal data which are not processed in the form of automation and which are subject to andorranic legislation.

In accordance with Article 13 (2) of the Convention, Andorra designated the following authority as the competent authority to provide mutual assistance between the parties to the Convention:

Agència Andorrana de Protecció de Dades

(Agence andorrane pour la protection des données)

C/Prat de la Creu, 59-65

AD500 Andorra la Vella

Principat d' Andorra

Azerbaijan:

According to Art. 3 (2) lit. a of the Convention, the Republic of Azerbaijan declares that the provisions of the Convention shall not be applied to categories of files containing personal data which are the subject of state secrets and of natural persons are processed exclusively for personal and family requirements in accordance with the provisions laid down by law.

According to Art. 3 (2) lit. c of the Convention, the Republic of Azerbaijan declares that the provisions of the Convention shall be applied to files containing personal data which are not automatically processed.

According to Art. 13 (2) lit. a of the Convention, the Ministry of Justice of the Republic of Azerbaijan shall be designated as the authority responsible for the transmission of information on the law and administrative practice in the area of data protection and the provision of factual information. The contact details are as follows:

Ministry of Justice of the Republic of Azerbaijan

1, Inshaatchilar Avenue,

Baky city, AZ 1073

Republic of Azerbaijan

The Republic of Azerbaijan declares that it shall implement the provisions of the Convention in its territories occupied by the Republic of Armenia pending the liberation of these territories from the occupation and the total elimination of the consequences of the Crew cannot guarantee.

The Republic of Azerbaijan declares that the rights and obligations under the provisions of the Convention of the Republic of Azerbaijan shall not be applied in relation to the Republic of Armenia.

Moldova:

According to Art. 3 (2) lit. The Republic of Moldova does not apply the provisions of the Convention to the Convention:

a.

the data processing carried out by individuals solely for their personal and family needs, on condition that the rights of persons whose personal data are concerned are not infringed.

b.

the processing of personal data subject to the provisions laid down by law relating to information which is the subject of state secrets.

According to Art. 3 (2) lit. The Republic of Moldova also applies the Convention to files containing personal data which are not automatically processed.

According to Art. 13 (1) (lit). (a) the Republic of Moldova designates the National Centre for the Protection of Personal Data, which was established pursuant to Article 11 of the Law of the Republic of Moldova on the protection of personal data, as the competent authority of the Republic of Moldova the implementation of the provisions of the Convention and of the reports on cooperation with other parties.

The contact details are as follows:

National Center for Personal Data Protection

Str. Serghei Lazo nr. 48

MD-2004

Chisinau

Republic of Moldova

Monaco:

In accordance with Article 13 of the Convention, Monaco shall designate the following authority, within the framework and under the limitations of the said Article, for the provision of all information on Monaco's law and administrative practice with regard to data protection is responsible:

Commission de Contrôle des Informations Nominatives-C.C.I.N.

"Gildo Pastor Center"

7, rue du Gabian

MC 98000 Monaco

Serbia:

According to Art. 3 (2) lit. The Republic of Serbia does not apply the Convention to the automatic processing of the following:

1.

data available to the general public and printed in public newspapers and publications, or accessible in the archives, museums and other similar organisations;

2.

data processed for family and other personal purposes and which are not accessible to a third party;

3.

Data of the members of political parties, associations, trade unions and other associations made available by these organisations, provided that the Member States concerned announced in writing, that certain provisions of the law should not apply to the processing of their personal data for a given period of time which is no longer than the duration of their membership; and

4.

Personal data, published by a person who is able to protect their own interests.

According to Art. 3 (2) lit. c of the Convention the Republic of Serbia declares that the Convention shall apply to the processing of personal data contained in the non-automated database.

According to Article 13 of the Convention, the Republic of Serbia shall designate the following competent authority:

Commissioner for Access to Information of Public Importance and Protection of Personal Data

Ul. Svetozara Markovica 42

11000 Belgrade

Ukraine:

According to Art. 3 (2) lit. a of the Convention, Ukraine declares that it applies the Convention to personal data processed by natural persons solely for the personal or daily needs.

According to Art. 3 (2) lit. (b) Ukraine declares that it shall also apply this Convention to information on groups of persons, associations, foundations, companies, entities or other bodies directly or indirectly derived from natural resources. persons, whether or not these bodies have legal personality.

According to Art. 3 (2) lit. c of the Convention Ukraine declares that it also applies this Convention to files containing personal data which are not automatically processed.

According to Article 13 (2) of the Convention, Ukraine declares that the designated authority is the Ministry of Justice of Ukraine.

According to other communications from the Secretary-General of the Council of Europe, the following countries have amended their declarations during the ratification process, supplemented them, or Withdrawn:

Ireland 1 :

Declaration pursuant to Art. 3 (2) (lit). c:

Ireland will apply the Convention on Personal Data, which are not automatically processed but are kept in a relevant system of data collection. "relevant system of data collection" means any amount of information related to individuals so that, although the information is not processed by means of automatically operating devices on the basis of useful instructions, , the quantity shall be structured, either by reference to individuals or by reference to the characteristics of individuals, in such a way that certain information about a particular individual is immediately accessible.

Declaration on Art. 13 (2):

In accordance with Article 13 (2) of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Ireland provides revised information with regard to the authority designated for Ireland, as follows:

Data Protection Commissioner

Canal House

Station Road

Portarlington

Co. Laois

Ireland.

Latvia 2 :

Declaration on Art. 13 (2):

Data State Inspectorate

Kr. Barona Str. 5-4

Riga

LV-1050 Latvia

Liechtenstein 3 :

The Principality of Liechtenstein is amended by the revocation of point 2 lit. d ("Files with personal data in accordance with the Liechtenstein due diligence system referred to above"), annexed to the instrument of ratification deposited on 11 May 2004, annexed to the Convention.

Luxembourg 4 :

Declaration on Art. 13 (2):

Ministry of Justice

13 Rue Erasme

L-1468 Luxembourg

the former Yugoslav Republic of Macedonia 3 :

As a result of the adoption by the Parliament of the Republic of Macedonia of the amendments to the Law on the Protection of Personal Data on the Protection of Personal Data, the last point of the declaration contained in the document of the Republic of Macedonia shall be: Article 3 of the Convention no longer valid.

The Republic of Macedonia therefore only recalling the last point of the declaration on Article 3 (2) (lit). a of the Convention, which reads as follows: ' In accordance with Article 3 (2) lit. (a) the Republic of Macedonia declares that it does not apply the Convention to the following categories of personal data:

-

for the conduct of criminal proceedings. "

Spain 4 :

In the case of the extension of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data by the United Kingdom to Gibraltar, the Kingdom of Spain wishes 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 shall have a local character and shall exercise exclusively internal competences; they shall have their origin and base in the case of the United Kingdom in accordance with its internal legislation and in its capacity as a sovereign State which is subject to the above-mentioned non-autonomous territory, allocation and allocation of responsibilities.

3.

Therefore, the involvement of the Gibraltar authorities in the application of this Convention is to be understood as being carried out exclusively as part of the internal competences of Gibraltar and cannot be considered as a change in relation to the Provisions in the preceding paragraphs shall be considered.

Furthermore, the Netherlands, on 28 September 2010, has the scope of the Convention with effect from 1. It was extended to the Caribbean part of the Netherlands (the islands of Bonaire, St Eustatius and Saba) in October 2010.

Faymann