Convention 108 + - Convention for the protection of individuals with regard to the processing of personal data

Convention 108 + - Convention for the protection of individuals with regard to the processing of personal data

Convention 108 + - Convention for the protection of individuals with regard to the processing of personal data

Convention 108 + Convention for the protection of individuals with regard to the processing of personal data www.coe.int/dataprotection

Convention 108 + Convention for the protection of individuals with regard to the processing of personal data Council of Europe

French edition: Convention 108+ Convention pour la protection des personnes à l’égard du traitement des données à caractère personnel All requests concerning the reproduction or translation of all or part of this document should be addressed to the Directorate of Communication (F-67075 Strasbourg Cedex or publishing@ coe.int).

All other correspondence concerning this document should be addressed to the Directorate General Human Rights and Rule of Law (DataProtection@coe.int). Photo: Shutterstock Cover design and layout: Documents and Publications Production Department (SPDP), Council of Europe © Council of Europe, June 2018 Printed at the Council of Europe

► Page 3 Contents DECISION OF THE COMMITTEE OF MINISTERS 5 MODERNISED CONVENTION FOR THE PROTECTION OF INDIVIDUALS WITH REGARD TO THE PROCESSING OF PERSONAL DATA 7 EXPLANATORY REPORT 15

Convention 108+ ► Page 5 ► Page 5 Decision of the Committee of Ministers 128th session of the Committee of Ministers, Elsinore, 18 May 2018 Decisions The Committee of Ministers 1. took note of Parliamentary Assembly Opinion No. 296 (2017) on the draft Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No.

108); 2. adopted the Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108), as it appears in document CM(2018)2-final, and, as an instrument related to the Protocol, endorsed the Explanatory Report, as it appears in document CM(2018)2-addfinal; 3. stressed the importance of a speedy accession to the Protocol by the maximum number of the current States Parties to Convention No. 108 in order to facili- tate the formation of an all-encompassing legal regime of data protection under the modernised Convention, as well as to ensure the fullest possible representation of States within the Convention Committee; 4.

decided to open the Protocol for signature on 25 June 2018* during the 3rd part-session of the Parliamentary Assembly, in Strasbourg; 5. urged member States and other Parties to the Convention to take without delay the necessary meas- ures to allow the entry into force of the Protocol within three years from its opening for signature and to ini- tiate immediately, but in any case no later than one year after the date on which the Protocol has been opened for signature, the process under their national law leading to ratification, approval or acceptance of this Protocol; 6. underlined that, following the entry into force of the amended Convention in accordance with the provisions of Article 37(2) of the Protocol, only those States that have ratified, approved or accepted the Protocol shall be bound by the obligations arising from the amended Convention; 7.

instructed its Deputies to examine bi-annually, and for the first time one year after the date of opening for signature of the Protocol, the overall progress made towards ratification on the basis of the information to be provided to the Secretary General by each of the member States and other Parties to the Convention at the latest one month ahead of such an examination. * The Committee of Ministers decided to postpone the opening for signature to 10 October 2018.

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