ETS 108 – Automatic Processing of Personal Data, 28.I.1981
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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:
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a
protecting State security, public safety, the monetary interests of the State or the
suppression of criminal offences;
b
protecting the data subject or the rights and freedoms of others.
Restrictions on the exercise of the rights specified in Article 8, paragraphs b, c and d, may be
provided by law with respect to automated personal data files used for statistics or for
scientific research purposes when there is obviously no risk of an infringement of the privacy
of the data subjects.
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.
Article 11 – Extended protection
None of the provisions of this chapter shall be interpreted as limiting or otherwise affecting the
possibility for a Party to grant data subjects a wider measure of protection than that stipulated
in this Convention.
Chapter III – Transborder data flows
Article 12 – Transborder flows of personal data and domestic law
1
The following provisions shall apply to the transfer across national borders, by whatever
medium, of personal data undergoing automatic processing or collected with a view to their
being automatically processed.
2
A Party shall not, for the sole purpose of the protection of privacy, prohibit or subject to
special authorisation transborder flows of personal data going to the territory of another Party.
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Nevertheless, each Party shall be entitled to derogate from the provisions of paragraph 2:
a
insofar as its legislation includes specific regulations for certain categories of personal
data or of automated personal data files, because of the nature of those data or those
files, except where the regulations of the other Party provide an equivalent protection;
b
when the transfer is made from its territory to the territory of a non-Contracting State
through the intermediary of the territory of another Party, in order to avoid such transfers
resulting in circumvention of the legislation of the Party referred to at the beginning of this
paragraph.
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