BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
Preamble
“The member States of the Council of Europe, signatory hereto,
Considering that the aim of the Council of Europe is to achieve greater unity
between its members, based in particular on respect for the rule of law, as well as
human rights and fundamental freedoms;
Considering that it is desirable to extend the safeguards for everyone’s rights and
fundamental freedoms, and in particular the right to the respect for privacy, taking
account of the increasing flow across frontiers of personal data undergoing automatic
processing;
Reaffirming at the same time their commitment to freedom of information
regardless of frontiers;
Recognising that it is necessary to reconcile the fundamental values of the respect
for privacy and the free flow of information between peoples,
Have agreed as follows:”
Article 1 – Object and purpose
“The purpose of this Convention is to secure in the territory of each Party for every
individual, whatever his nationality or residence, respect for his rights and
fundamental freedoms, and in particular his right to privacy, with regard to automatic
processing of personal data relating to him (‘data protection’).”
...
Article 8 – Additional safeguards for the data subject
“Any person shall be enabled:
a. to establish the existence of an automated personal data file, its main purposes, as
well as the identity and habitual residence or principal place of business of the
controller of the file;
b. to obtain at reasonable intervals and without excessive delay or expense
confirmation of whether personal data relating to him are stored in the automated data
file as well as communication to him of such data in an intelligible form;
c. to obtain, as the case may be, rectification or erasure of such data if these have
been processed contrary to the provisions of domestic law giving effect to the basic
principles set out in Articles 5 and 6 of this convention;
d. to have a remedy if a request for confirmation or, as the case may be,
communication, rectification or erasure as referred to in paragraphs b and c of this
article is not complied with.”
Article 9 – Exceptions and restrictions
“1. No exception to the provisions of Articles 5, 6 and 8 of this Convention shall be
allowed except within the limits defined in this article.
2. Derogation from the provisions of Articles 5, 6 and 8 of this Convention shall be
allowed when such derogation is provided for by the law of the Party and constitutes a
necessary measure in a democratic society in the interests of:
a. protecting State security, public safety, the monetary interests of the State or the
suppression of criminal offences;
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