Each Party shall provide that one or more authorities shall be responsible for ensuring compliance with the measures giving effect, in its domestic law, to the principles set out in Chapters II and III of the Convention and in this Protocol.

2.

A. To this end, these authorities have in particular powers of investigation and intervention, as well as the power to bring to justice or to bring to the knowledge of the competent judicial authority violations of the provisions of domestic law Giving effect to the principles set out in s. 1 of the art. 1 of this Protocol.

B.

Each supervisory authority may be seized by any person of an application relating to the protection of its fundamental rights and freedoms with regard to the processing of personal data within its competence.

3. The supervisory authorities shall exercise their functions independently.

4. Decisions of the supervisory authorities adversely affecting them may be the subject of judicial review.

5. In accordance with the provisions of chap. IV and without prejudice to the provisions of Art. 13 of the Convention, the supervisory authorities shall cooperate with each other to the extent necessary for the performance of their tasks, in particular by exchanging any relevant information.

Each Party provides that the transfer of personal data to a recipient subject to the jurisdiction of a State or an organization which is not a Party to the Convention may be effected only if that State or that organization provides An appropriate level of protection for the transfer.

2. By way of derogation from s. 1 of the art. 2 of this Protocol, each Party may authorize the transfer of personal data:

A.

If domestic law provides for:

-

For specific interests of the person concerned, or

-

Where legitimate interests prevail, in particular important public interests, or

B.

Whether guarantees which may be the result of contractual clauses are provided by the person responsible for the transfer, and are considered sufficient by the competent authorities, in accordance with domestic law.

(1) The Parties shall consider the provisions of Art. 1 and 2 of this Protocol as additional articles to the Convention, and all the provisions of the Convention shall apply accordingly.

2. This Protocol shall be open for signature by the signatory States of the Convention. After having acceded to the Convention under the conditions established by the Convention, the European Communities may sign this Protocol. This Protocol shall be subject to ratification, acceptance or approval. A Signatory of this Protocol shall not ratify, accept or approve it, without having previously or simultaneously ratified, accepted or approved the Convention or without having acceded to it. Instruments of ratification, acceptance or approval of this Protocol shall be 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 a period of three months after the date on which five of its Signatories have expressed their consent to be bound by this Protocol in accordance with Provisions of his art. 3 para. 2.

B.

For any Signatory of this Protocol which subsequently expresses its consent to be bound by it, this Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of its Instrument of ratification, acceptance or approval.

4.

After the entry into force of this Protocol, any State which has acceded to the Convention may also accede to this Protocol.

B.

Accession shall be effected by the deposit, by 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 expiration of a period of three months after the date of its deposit.

5.

A. Any Party may, at any time, denounce this Protocol by sending a notification to the Secretary General of the Council of Europe.

B.

The denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the 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 State which has acceded to this Protocol:

A.

Any signature;

B.

Deposit of any instrument of ratification, acceptance or approval;

C.

Any date of entry into force of this Protocol in accordance with its art. 3;

D.

Any other act, notification or communication relating to this Protocol.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Protocol.

Done at Strasbourg, on 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 Communities and any State invited to accede to the Convention.

(Suivent signatures)