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Law No. 55 Of 17 March 2005

Original Language Title:  LEGE nr. 55 din 17 martie 2005

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LEGE no. 55 55 of 17 March 2005 for the ratification of the Additional Protocol to the Convention for the Protection of Persons from Automatic Processing of Personal Data, with regard to the control authorities and the cross-border flow of data, adopted in Strasbourg to 18 November 2001
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 244 244 of 23 March 2005



The Romanian Parliament adopts this law + Article UNIC The Additional Protocol to the Convention for the Protection of Persons from Automatic Processing of Personal Data, with regard to the control authorities and the cross-border flow of data, adopted in Strasbourg on 18 November, is hereby ratified. 2001 and signed by Romania on 13 July 2004. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE SENATE PRESIDENT NICOLAE VACAROIU Bucharest, March 17, 2005. No. 55. ADDITIONAL PROTOCOL to the Convention for the Protection of Persons automated processing of personal data, on the control authorities and the cross-border flow of data *) ------ Note * *) Translation. Strasbourg, 8 November 2001 PREAMBUL The Parties to this Additional Protocol to the Convention for the Protection of Persons from Automatic Processing of Personal Data, opened for signature in Strasbourg on 28 January 1981, hereinafter referred to as the Convention, convinced that the control authorities, exercising their duties in complete independence, constitute an element of the effective protection of individuals with regard to the processing of personal data, considering the importance of the flow of information between peoples, considering that a date with increasing the exchange of personal data outside national borders is necessary to ensure the effective protection of human rights and its fundamental freedoms and, in particular, the right to confidentiality, in relation to with such personal data exchanges, agreed the following: + Article 1 Control authorities 1. Each Contracting Party shall give one or more authorities the responsibility for ensuring compliance with the measures provided for by its internal legislation, which shall bring into force the principles laid down in the head. II and III of the Convention as well as in this Protocol. 2 2. a. For this purpose the above mentioned authorities will have, in particular, the right to investigate and intervene, as well as the right to engage in legal proceedings or to bring to the attention of the competent legal authorities the violation of the provisions of the internal legislation implementing the principles referred to in paragraph 1 of art. 1 1 of this protocol. b. Each supervisory authority shall comply with the complaints filed by any person in connection with the protection of its fundamental rights and freedoms, with regard to the processing of personal data that is within its competence. 3. The control authorities shall exercise their duties in complete independence. 4. The decisions of the control authorities, which are the subject of a complaint, can be appealed before a court. 5. In accordance with the head provisions. IV and without violating the provisions of art. 13 of the Convention, the control authorities will collaborate for the full performance of their duties, in particular through the entire exchange of useful information. + Article 2 Cross-border flows of personal data sent to a receiver not subject to the jurisdiction of part of the Convention 1. Each Party shall ensure the transfer of personal data to a receiver who is under the jurisdiction of the State or organization that is not party to the Convention, only if that State or organization ensures an adequate level of protection for that data transfer. 2. By way of derogation from paragraph 1 of art. 2 of this protocol, each party will allow the transfer of personal data: a) if the national legislation so provides: -specific interests of the data subject; or -justified interests which prevail, in particular, of major public interests; or b) if protection measures which may result, in particular, of contractual clauses, shall be ensured by the controller responsible for the transfer of the data and shall be deemed appropriate by the competent authorities, in accordance with the domestic law. + Article 3 Final provisions 1. Provisions of art. 1 and 2 of this protocol will be considered by the parties as additional articles of the Convention and all provisions of the Convention will be applied in accordance. 2. This protocol will be open for signature by the signatory states of the Convention. After accession to the Convention under the conditions stipulated by it, the European Communities will sign this protocol. This protocol constitutes the subject of ratification, acceptance or approval. A signatory of this Protocol will not ratify, accept or approve only if previously or simultaneously ratified, accepted or approved the Convention or whether it has acceded to it. Instruments of ratification, acceptance or approval of this Protocol will be deposited with the General Secretariat of the Council of Europe. 3 3. a. This protocol will enter into force on the first day of the month following the expiration of the period of 3 months from the date on which 5 of its signatories gave their consent to be a party to this protocol, in accordance with the provisions of paragraph 2 of art. 3. b. With regard to any signatory to this Protocol, which subsequently agrees to be a party to it, the Protocol will enter into force on the first day of the month following the expiry of the period of three months from the date of deposit of the instrument of ratification, acceptance or approval. 4 4. a. After the entry into force of this Protocol, any State which acceded to the Convention may also accede to this Protocol. b. The accession shall be effected by the submission to the General Secretariat of the Council of Europe of the instrument of accession which will enter into force on the first day of the month following the expiry of the period of 3 months from the date of custody. 5 5. a. Any party may at any time denounce this Protocol by notification to the General Secretariat of the Council of Europe. b. Such denunciation shall enter into force on the first day of the month following the expiration of the period of 3 months from the date of receipt of this notification by the General Secretariat. 6. The General Secretariat of the Council of Europe shall notify the Member States of the Council of Europe, the European Communities and any other State which has not acceded to this Protocol, in relation to: a) any signing; b) the deposit of any instrument of ratification, acceptance or approval; c) any date of entry into force of this Protocol, in accordance with art. 3 3; d) any other document, notification or communication related to this protocol. In the presence of the undersigned, being authorized, they signed this protocol. Concluded in Strasbourg on 18 November 2001, in English and French, both texts being equally authentic, in a single copy to be kept in the archives of the Council of Europe. The General Secretariat of the Council of Europe shall transmit certified copies to each Member State of the Council of Europe, the European Community and any State invited to accede to the Convention. ---------