Key Benefits:
Original text
(State on 31 May 2013)
Preamble
The member States of the Council of Europe, signatories to this Convention,
Whereas the aim of the Council of Europe is to achieve a closer union among its members, including respect for the rule of law as well as human rights and fundamental freedoms,
Whereas it is desirable to extend the protection of the fundamental rights and freedoms of everyone, in particular the right to respect for private life, in view of the intensification of traffic across the borders of character data Personnel undergoing automated processing,
At the same time reaffirming their commitment to freedom of information regardless of frontiers,
Recognising the need to reconcile the fundamental values of respect for private life and the free flow of information between peoples,
Agreed to the following:
The purpose of this Convention shall be to guarantee, in the territory of each Party, any natural person, irrespective of his nationality or residence, respect for his or her fundamental rights and freedoms, and in particular his right to Privacy, with regard to the automatic processing of personal data concerning it ("data protection").
For the purposes of this Convention:
The Parties undertake to apply this Convention to the automated data files and processing of personal data in the public and private sectors.
2. Any State may, upon signature or deposit of its instrument of ratification, acceptance, approval or accession, or at any later time, make known by declaration addressed to the Secretary-General of the Council of Europe:
3. Any State which has extended the scope of this Convention by one of the declarations referred to in par. 2.b or c above may, in the said declaration, indicate that the extensions will apply only to certain categories of personal files whose list will be filed.
4. Any Party that has excluded certain categories of automated personal data files by the declaration provided for in para. 2.a above shall not be entitled to the application of this Convention to such categories by a Party which has not excluded them.
5. Similarly, a Party that has not carried out any of the extensions provided for in s. 2.b and c of this Article shall not avail itself of the application of this Convention on these points in respect of a Party which has carried out such extensions.
6. The declarations provided for in s. 2 of this Article shall take effect upon the entry into force of the Convention in respect of the State which made them, if that State has made them upon signature or the deposit of its instrument of ratification, acceptance, approval or Of accession, or three months after their receipt by the Secretary-General of the Council of Europe if they were formulated at a later time. Such declarations may be withdrawn in whole or in part by notification addressed to the Secretary-General of the Council of Europe. The withdrawal shall take effect three months after the date of receipt of such notification.
(1) Each Party shall take, in its domestic law, the measures necessary to give effect to the basic principles for the protection of the data set out in this Chapter.
2. Such measures shall be taken at the latest at the time of entry into force of this Convention in respect of such measures.
The personal data subject to automated processing are:
Personal data revealing racial origin, political opinions, religious beliefs or other convictions, as well as personal data relating to health or sex life, cannot be processed Automatically unless the domestic law provides for appropriate safeguards. The same applies to personal data concerning criminal convictions.
Appropriate security measures shall be taken for the protection of personal data recorded in automated files against accidental or unauthorised destruction, or accidental loss, as well as against access, Unauthorized modification or diffusion.
Everyone must be able to:
1. No exceptions to the provisions of s. 5, 6 and 8 of this Convention shall not be permitted except within the limits set out in this Article.
2. It is possible to derogate from the provisions of Art. 5, 6 and 8 of this Convention where such a derogation, provided for by the law of the Party, constitutes a necessary measure in a democratic society:
3. Restrictions on the exercise of rights under s. B, c and d of s. 8 may be prescribed by law for automated files of personal data used for statistical or scientific research, where there is clearly no risk of harm to the privacy of persons Concerned.
Each Party undertakes to establish appropriate sanctions and remedies for violations of the provisions of domestic law giving effect to the basic principles for the protection of the data set out in this Chapter.
None of the provisions of this Chapter shall be construed as limiting or derogating from the ability of each Party to grant the persons concerned more extensive protection than that provided for in this Convention.
1. The following provisions apply to transfers across national borders, regardless of the medium used, of personal data subject to automated processing or collected for the purpose of submitting them to a Such treatment.
(2) A Party may not, for the sole purpose of the protection of privacy, prohibit or submit to a special authorization the transboundary flows of personal data to the territory of another Party.
(3) However, any Party may derogate from the provisions of s. 2:
The Parties undertake to provide each other with assistance in the implementation of this Convention.
2. To this end,
3. An authority designated by a Party, at the request of an authority designated by another Party:
Each Party shall provide assistance to any person who has his or her residence abroad for the exercise of the rights provided for in his or her domestic law giving effect to the principles set out in Art. 8 of this Convention.
(2) If such a person resides in the territory of another Party, the person shall be entitled to submit his or her application through the authority designated by that Party.
The request for assistance shall contain all the necessary indications concerning in particular:
1. An authority designated by a Party that has received information from an authority designated by another Party, either in support of a request for assistance or in response to a request for assistance itself, may not make use of Such information for purposes other than those specified in the request for assistance.
(2) Each Party shall ensure that persons belonging to or acting on behalf of the designated authority are bound by appropriate obligations of secrecy or confidentiality with respect to such information.
3. Under no circumstances will a designated authority be authorized under s. 14, para. 2, a request for assistance on behalf of a person concerned residing abroad, on his or her own initiative and without the express consent of that person.
A designated authority, seized of a request for assistance under s. 13 or 14 of this Convention, may refuse to act on it only if:
1. Assistance provided by the Parties under s. 13, as well as the assistance they provide to the persons concerned residing abroad under s. 14, shall not give rise to the payment of costs and rights other than those relating to experts and interpreters. These fees and charges shall be borne by the Party which has appointed the authority which has requested assistance.
2. The person concerned may not be required to pay, in connection with the steps taken on his behalf in the territory of another Party, fees and charges other than those payable by persons resident in the territory of that Party.
3. The other modalities relating to assistance concerning in particular the forms and procedures and the languages to be used shall be established directly between the Parties concerned.
1. An Advisory Committee shall be established after the entry into force of this Convention.
(2) Any Party shall designate one representative and one alternate for that Committee. Any member state of the Council of Europe which is not a Party to the Convention shall have the right to be represented on the Committee by an observer.
The Advisory Committee may, by a unanimous decision, invite any non-member State of the Council of Europe which is not a Party to the Convention to be represented by an observer at one of its meetings.
The Advisory Committee:
The Advisory Committee shall be convened by the Secretary-General of the Council of Europe. It shall hold its first meeting within twelve months of the entry into force of this Convention. It shall meet thereafter at least once every two years and, in any event, each time that one third of the representatives of the Parties requests its convocation.
2. The majority of the representatives of the Parties shall constitute a quorum for holding a meeting of the Advisory Committee.
3. At the end of each of its meetings, the Advisory Committee shall submit to the Committee of Ministers of the Council of Europe a report on its work and on the functioning of the Convention.
4. Subject to the provisions of this Convention, the Advisory Committee shall establish its rules of procedure.
Amendments to this Convention may be proposed by a Party, by the Committee of Ministers of the Council of Europe or by the Advisory Committee
2. Any proposed amendment shall be communicated by the Secretary-General of the Council of Europe to the member States of the Council of Europe and to each non-member State which has acceded to or has been invited to accede to this Convention in accordance with the Provisions of s. 23.
In addition, any amendment proposed by a Party or by the Committee of Ministers shall be communicated to the Advisory Committee, which shall submit its opinion to the Committee of Ministers on the proposed amendment.
4. The Committee of Ministers shall consider the proposed amendment and any opinion submitted by the Advisory Committee and may approve the amendment.
5. The text of any amendment approved by the Committee of Ministers in accordance with par. 4 of this Article shall be transmitted to the Parties for acceptance.
6. Any amendment approved in accordance with paragraph 6. 4 of this Article shall enter into force on the thirtieth day after all Parties have informed the Secretary-General that they have accepted it.
This Convention shall be open for signature by the member States of the Council of Europe. It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
2. This Convention 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 member States of the Council of Europe have expressed their consent to be bound by the Convention In accordance with the provisions of the preceding paragraph.
3. For any Member State which subsequently expresses its consent to be bound by the Convention, it 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 the instrument of Ratification, acceptance or approval.
After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council of Europe to accede to this Convention by a decision taken by a majority under Art. 20.d of the Statute of the Council of Europe and by unanimity of the representatives of the Contracting States having the right to sit on the Committee.
2. For any acceding State, the Convention 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 accession to the Secretary-General of the Council of Europe.
(1) Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.
2. Any State may, at any other time thereafter, by a declaration addressed to the Secretary-General of the Council of Europe, extend the application of this Convention to any other territory designated in the declaration. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary-General.
(3) Any declaration made under the two preceding paragraphs may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary-General. The withdrawal shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary-General.
No reservation shall be made to the provisions of this Convention.
1. Any Party may, at any time, denounce this Convention by sending a notification to the Secretary-General of the Council of Europe.
(2) Denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary-General.
The Secretary-General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Convention:
In witness whereof , the undersigned, duly authorized to that effect, have signed this Convention.
Done at Strasbourg, on 28 January 1981, 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 and to any State invited to accede to this Convention.
(Suivent signatures)
States Parties |
Ratification Accession (A) Statement of Succession (S) |
Entry into force |
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Albania * |
February 14 |
2005 |
1 Er June |
2005 |
Germany * |
19 June |
1985 |
1 Er October |
1985 |
Andorra * |
6 May |
2008 |
1 Er September |
2008 |
Armenia * |
9 May |
2012 |
1 Er September |
2012 |
Austria * |
30 March |
1988 |
1 Er July |
1988 |
Azerbaijan * |
3 May |
2010 |
1 Er September |
2010 |
Belgium * |
28 May |
1993 |
1 Er September |
1993 |
Bosnia and Herzegovina * |
March 31 |
2006 |
1 Er July |
2006 |
Bulgaria |
18 September |
2002 |
1 Er January |
2003 |
Cyprus * |
21 February |
2002 |
1 Er June |
2002 |
Croatia * |
21 June |
2005 |
1 Er October |
2005 |
Denmark * A |
23 October |
1989 |
1 Er February |
1990 |
Spain * |
31 January |
1984 |
1 Er October |
1985 |
Estonia * |
14 November |
2001 |
1 Er March |
2002 |
Finland * |
2 December |
1991 |
1 Er April |
1992 |
France * |
24 March |
1983 |
1 Er October |
1985 |
Georgia |
14 December |
2005 |
1 Er April |
2006 |
Greece |
August 11 |
1995 |
1 Er December |
1995 |
Hungary * |
8 October |
1997 |
1 Er February |
1998 |
Ireland * |
April 25 |
1990 |
1 Er August |
1990 |
Iceland * |
25 March |
1991 |
1 Er July |
1991 |
Italy * |
March 29 |
1997 |
1 Er July |
1997 |
Latvia * |
30 May |
2001 |
1 Er September |
2001 |
Liechtenstein * |
11 May |
2004 |
1 Er September |
2004 |
Lithuania * |
1 Er June |
2001 |
1 Er October |
2001 |
Luxembourg * |
10 February |
1988 |
1 Er June |
1988 |
Macedonia * |
24 March |
2006 |
1 Er July |
2006 |
Malta * |
28 February |
2003 |
1 Er June |
2003 |
Moldova * |
28 February |
2008 |
1 Er June |
2008 |
Monaco * |
24 December |
2008 |
1 Er April |
2009 |
Montenegro * |
6 June |
2006 S |
6 June |
2006 |
Norway * |
20 February |
1984 |
1 Er October |
1985 |
Netherlands * B |
August 24 |
1993 |
1 Er December |
1993 |
Curaçao |
August 24 |
1993 |
1 Er December |
1993 |
Caribbean (Bonaire, Sint Eustatius and Saba) |
August 24 |
1993 |
1 Er December |
1993 |
Sint Maarten |
August 24 |
1993 |
1 Er December |
1993 |
Poland |
23 May |
2002 |
1 Er September |
2002 |
Portugal * |
2 September |
1993 |
1 Er January |
1994 |
Czech Republic * |
July 9 |
2001 |
1 Er November |
2001 |
Romania * |
February 27 |
2002 |
1 Er June |
2002 |
United Kingdom * |
26 August |
1987 |
1 Er December |
1987 |
Guernsey |
26 August |
1987 |
1 Er December |
1987 |
Isle of Man * |
21 January |
1993 |
1 Er May |
1993 |
Jersey |
26 August |
1987 |
1 Er December |
1987 |
Russia * |
15 May |
2013 |
1 Er September |
2013 |
Serbia * |
September 6 |
2005 |
1 Er January |
2006 |
Slovakia * |
13 September |
2000 |
1 Er January |
2001 |
Slovenia * |
27 May |
1994 |
1 Er September |
1994 |
Sweden * |
29 September |
1982 |
1 Er October |
1985 |
Switzerland * |
2 October |
1997 |
1 Er February |
1998 |
Ukraine * |
September 30 |
2010 |
1 Er January |
2011 |
Uruguay |
10 April |
2013 A |
1 Er August |
2013 |
* |
Reservations and declarations. Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
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A |
The Conv. Does not apply to the Faroe Islands and Greenland. |
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B |
For the Kingdom in Europe. |
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Switzerland 3
A. Switzerland, in accordance with art. 3 of the Convention, makes the following declaration:
B. The Federal Data Protection and Transparency Worker 4 " Is the competent authority to grant assistance in the implementation of the Convention.
1 RO 2002 2845
2 RO 2002 2858 , 2004 4133, 2006 2115, 2009 3193, 2012 617, 2013 2075. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
3 Article 2 of the FA of 5 June 1997 ( RO 2002 2845 ).
4 The designation of the administrative unit has been adapted in accordance with Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).