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Of The Convention On The Protection Of Individuals With Regard To Automatic Processing Of Personal Data In The Additional Protocol On Supervisory Authorities And Transborder Data Flows

Original Language Title: Par Konvencijas par personu aizsardzību attiecībā uz personu datu automātisko apstrādi Papildu protokolu par uzraudzības institūcijām un pārrobežu datu plūsmām

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The Saeima has adopted and the President promulgated the following laws: the Convention on the protection of individuals with regard to automatic processing of personal data in the additional protocol on supervisory authorities and transborder data flows 1. The Convention on the protection of individuals with regard to automatic processing of personal data in the additional protocol on supervisory authorities and transborder data flows (hereinafter Additional Protocol) with this law is adopted and approved. 2. article. Provided for in the additional protocol commitments coordinated by the Ministry of Justice. 3. article. The additional Protocol shall enter into force for the period specified in article 3 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. By law to be put to the additional protocol in English and its translation into Latvian language. The law adopted by the Parliament in the 2007 11 October. President Valdis Zatlers in Riga V 2007 October 31, Additional Protocol to the Convention for the Protection of Individual With Regard to Automatic Processing of Personal Data, Regarding Supervisory authorities and Transborder Data Flow in the preamble the parties to this additional Protocol to the Convention for the Protection of Individual with regard to Automatic Processing of Personal Data, opened for signature in Strasbourg on 28 January 1981 (hereafter referred to as "the Convention"); Convinced that supervisory authorities, exercising their functions in complete independence, with an element of the effective protection of individual with regard to the processing of personal data; Considering the importanc of the flow of information between peoples; Considering that, with the increase in exchanges of personal data across national borders, it is not the cessary ensur the effective protection of human rights and fundamental freedom, and in particular the right to privacy, in relations to such exchanges of personal data, have agreed as follows: article 1 – Supervisory authorities Each Party shall provide 1 for one or more authorities to be responsible for ensuring compliance with the measure in its domestic law giving effect to the principles stated in Chapter II and III of the Convention and in this Protocol. 2. a) To this end, the said authorities shall have, in particular, the powers of investigation and intervention, as well as the power to engage in legal proceedings or bring it to the attention of the competent judicial authorities of the violation of the provision of domestic law giving effect to the principles mentioned in paragraph 1 of article 1 of this Protocol. (b) Each supervisory authority shall hear claims) of any persons concerning the lodged by protection of his/her rights and fundamental freedom with regards to the processing of personal data within its competence. 3. The supervisory authorities shall exercise their functions in complete independence. 4. the Decision of the supervisory authorities, which give rise to complaints may be appealed against through the courts. 5. In accordanc with the provision of Chapter IV, and without prejudice to the provision of article 13 of the Convention, the supervisory authorities shall co-operate with one another to the exten to cessary for the performance of their duties, in particular by exchanging all useful information. Article 2-Transborder flow of personal data to a recipient which is not subject to the jurisdiction of a Party to the Convention Each Party shall 1 provide for the transfer of personal data to a recipient that is subject to the jurisdiction of a State or organisation that is not a Party to the Convention only if that State or organisation of an adequat ensur level of protection for the intended data transfer. 2. By way of derogation from paragraph 1 of article 2 of this Protocol, each Party may allow for the transfer of personal data: a) if domestic law provides for it because of:-the specific interests of the data subject, or-the prevailing interests, especially legitimat important public interests, or (b)), which can safeguard the if in particular result from contractual services is provided by the the controller responsible for the transfer and is found by the competent an adequat authorities according to domestic law. Article 3-Final provision 1. The provision of articles 1 and 2 of this Protocol shall be regarded by the parties as additional articles to the Convention and all the provision of the Convention shall apply accordingly. 2. This Protocol shall be open for signature by States to the Signator Convention. After acceding to the Convention under the conditions provided by the ITU, the European communities may sign this Protocol. This Protocol is subject to ratification, acceptance or approval. A Signatory to this Protocol may not ratify.â, accept or approve it unless it has previously or simultaneously ratified, accepted or approved the Convention or has acceded to it. Instrument of ratification, acceptance or approval shall be of this Protocol deposited with the Secretary General of the Council of Europe. 3. This Protocol shall enter a) into force on the first day of the month following the expiry of a period of three months after the date on which five of its Signator to have expressed their consent to be bound by the Protocol in accordanc with the provision of paragraph 2 of article 3 (b)) In respect of any Signatory to this Protocol which subsequently express their consent to it be bound by it , the Protocol shall enter into force on the first day of the month following the expiry of a period of three months after the date of deposit of the instrument of ratification, acceptance or approval. 4. a) After the entry into force of this Protocol, any State which has acceded to the Convention may also accede to the Protocol. (b) Accession shall be effected by) the deposit with the Secretary General of the Council of Europe of an instrument of accession, which shall take effect on the first day of the month following the expiry of a period of three months after the date of its deposit. 5. a) Any Party may at any time denounc this Protocol by means of a notification addressed to the Secretary General of the Council of Europe. b Such denunciation shall become effective) on the first day of the month following the expiry of a period of three months after the date of receipt of such notification by the Secretary General. 6. The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the European communities and any other State which has acceded to this Protocol of: a any signature;) (b)) the deposit of any instrument of ratification, acceptance or approval; (c) any date of entry) into force of this Protocol in accordanc with article 3; (d) any other Act, notification) or communication relating to this Protocol. In witness whereof the undersigned, being duly authorised, have signed theret this Protocol. Done at Strasbourg, this 8th day of November 2001, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified cop to each member State of the Council of Europe, the European communities and any State invited to accede to the Convention.

The Convention on the protection of individuals with regard to the automatic processing of personal data additional protocol on supervisory authorities and transborder data flows

Preamble This 1981 in Strasbourg on January 28 for signing the open Convention on the protection of individuals with regard to the automatic processing of personal data (hereinafter referred to as "the Convention"), the parties to the additional protocol, convinced that supervisory bodies that independently performs its functions, is part of the effective protection of individuals with regard to the processing of personal data, taking into account the flow of information between peoples, taking into account that due to the cross-border exchange of personal data, the increase is necessary to ensure effective human rights and fundamental freedoms in particular, the law on the protection of privacy in connection with personal data, have agreed as follows: article 1-1. The supervisory organ each Party determines one or more bodies responsible for ensuring the public internal law in compliance with the measures that are introduced in titles II and III of the Convention and this Protocol. 2. a) the institutions referred to in this context should be given powers of investigation and intervention, as well as the power to engage in legal proceedings or to draw attention of the competent judicial authorities for their domestic law offences, which are introduced in article 1 of the Protocol referred to in paragraph 1. (b) each management authority) within the limits of their jurisdiction, any person appearance requirements submitted in connection with those persons of the protection of the rights and fundamental freedoms with regard to the processing of personal data. 3. the supervisory authorities shall be completely independent in relation to the execution of its functions. 4. decisions of the supervisory body may lodge a complaint with the Court. 5. In accordance with the provisions of title IV, and without prejudice to the provisions of article 13 of the Convention, the supervisory authorities shall cooperate with each other to the extent it is necessary for supervisory duties, in particular by exchanging all useful information. Article 2-the cross-border flow of personal data to the recipient, who is not in the Contracting Parties to the Convention, jurisdiction 1. Each Party shall ensure that transfers of personal data to a recipient, who resides in the State or the Organization's jurisdiction, which is not a Contracting Party to this Convention shall be allowed only if such State or organisation ensures an adequate level of protection of data transfer. 2. By way of derogation from article 2 of this Protocol, the provisions of paragraph 1, each party may allow the transfer of personal data: (a)) if domestic law sets the data transfer:-to protect the specific interests of the data subject, or-such a legitimate interest, which is the highest legal force, especially important public interests, or (b)) for data transfer the data manager responsible for protective measures, the competent authorities in accordance with national law is recognized for adequate security measures. Article 3-final provisions 1. Parties this Protocol article 1 and 2 of the Convention, the provisions of additional articles, and they apply to all the provisions of the Convention. 2. This Protocol is open for signature by signatories to the Convention. After the accession to the Convention in accordance with the provisions of the European Community may sign this Protocol. This Protocol is subject to ratification, acceptance or approval. This Protocol may not ratify, accept or approve this Protocol unless it has previously or simultaneously ratified, accepted, or not approved the Convention or accede to it. This Protocol, deposit of instruments of ratification, acceptance or approval is deposited with the Secretary-General of the Council of Europe. 3. a) this Protocol shall enter into force on the first day of the month following the expiration of three months from the date of its five signatories have expressed their consent to be bound by this Protocol in accordance with the second paragraph of article 3. (b)) in respect of any of the signatory countries, which deposited its instrument of ratification, the Protocol shall enter into force on the first day of the month, after three months have elapsed since the relevant instrument of ratification, acceptance or approval of the deposit of the day. 4. a) any State that has acceded to the Convention may also accede to this Protocol after it enters into force. (b) is certified, accession) depositing with the Secretary-General of the Council of Europe the relevant instrument of accession which shall take effect on the first day of the month following the expiration of three months after the deposit of the document in the formal accession date. 5. a) either party may at any time denounce this Protocol by written notification to the Secretary-General of the Council of Europe. (b)) this denunciation shall enter into force on the first day of the month following the expiration of three months after the Secretary General has received the notification referred to. 6. The Secretary-General of the Council of Europe shall notify the Member States of the Council of Europe, the European Community Member States and all other States which have acceded to this Protocol of: a any signature of this Protocol); (b)) any instrument of ratification, acceptance or approval of the deposit certificate; (c) any date) this Protocol shall enter into force in accordance with the provisions of article 3; (d)) any document, statement or message related to this Protocol. Stating the above, and the undersigned, duly authorized, have signed this Protocol. Signed at Strasbourg, 8 November 2001, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies to each Member State of the Council of Europe, the European Community Member States and all other countries that have been invited to accede to this Convention.