ETS 108 – Automatic Processing of Personal Data, 28.I.1981
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These measures shall be taken at the latest at the time of entry into force of this Convention
in respect of that Party.
Article 5 – Quality of data
Personal data undergoing automatic processing shall be:
a
obtained and processed fairly and lawfully;
b
stored for specified and legitimate purposes and not used in a way incompatible with
those purposes;
c
adequate, relevant and not excessive in relation to the purposes for which they are
stored;
d
accurate and, where necessary, kept up to date;
e
preserved in a form which permits identification of the data subjects for no longer than is
required for the purpose for which those data are stored.
Article 6 – Special categories of data
Personal data revealing racial origin, political opinions or religious or other beliefs, as well as
personal data concerning health or sexual life, may not be processed automatically unless
domestic law provides appropriate safeguards. The same shall apply to personal data relating
to criminal convictions.
Article 7 – Data security
Appropriate security measures shall be taken for the protection of personal data stored in
automated data files against accidental or unauthorised destruction or accidental loss as well
as against unauthorised access, alteration or dissemination.
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.
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