BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
b. protecting the data subject or the rights and freedoms of others.
...”
Article 10 – Sanctions and remedies
“Each Party undertakes to establish appropriate sanctions and remedies for
violations of provisions of domestic law giving effect to the basic principles for data
protection set out in this chapter.”
193. The Explanatory Report to the above-mentioned Convention
explains that:
Article 9 – Exceptions and restrictions
“55. Exceptions to the basic principles for data protection are limited to those which
are necessary for the protection of fundamental values in a democratic society. The
text of the second paragraph of this article has been modelled after that of the second
paragraphs of Articles 6, 8, 10 and 11 of the European Human Rights Convention. It
is clear from the decisions of the Commission and the Court of Human Rights relating
to the concept of ‘necessary measures’ that the criteria for this concept cannot be laid
down for all countries and all times, but should be considered in the light of the given
situation in each country.
56. Littera a in paragraph 2 lists the major interests of the State which may require
exceptions. These exceptions are very specific in order to avoid that, with regard to
the general application of the convention, States would have an unduly wide leeway.
States retain, under Article 16, the possibility to refuse application of the convention
in individual cases for important reasons, which include those enumerated in
Article 9.
The notion of ‘State security’ should be understood in the traditional sense of
protecting national sovereignty against internal or external threats, including the
protection of the international relations of the State.”
2. The Additional Protocol to the Convention for the Protection of
Individuals with regard to Automatic Processing of Personal Data
regarding supervisory authorities and transborder data flows of
8 November 2001 (CETS No. 181)
194. The Protocol, which has not been ratified by the United Kingdom,
provides, in so far as relevant:
Article 1 – Supervisory authorities
“1. Each Party shall provide for one or more authorities to be responsible for
ensuring compliance with the measures in its domestic law giving effect to the
principles stated in Chapters II and III of the Convention and in this Protocol.
2. a. To this end, the said authorities shall have, in particular, powers
investigation and intervention, as well as the power to engage in legal proceedings
bring to the attention of the competent judicial authorities violations of provisions
domestic law giving effect to the principles mentioned in paragraph 1 of Article 1
this Protocol.
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