ETS 108 – Automatic Processing of Personal Data, 28.I.1981
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In no case may a designated authority be allowed to make under Article 14, paragraph 2, a
request for assistance on behalf of a data subject resident abroad, of its own accord and
without the express consent of the person concerned.
Article 16 – Refusal of requests for assistance
A designated authority to which a request for assistance is addressed under Articles 13 or 14
of this Convention may not refuse to comply with it unless:
a
the request is not compatible with the powers in the field of data protection of the
authorities responsible for replying;
b
the request does not comply with the provisions of this Convention;
c
compliance with the request would be incompatible with the sovereignty, security or
public policy (ordre public) of the Party by which it was designated, or with the rights and
fundamental freedoms of persons under the jurisdiction of that Party.
Article 17 – Costs and procedures of assistance
1
Mutual assistance which the Parties render each other under Article 13 and assistance they
render to data subjects abroad under Article 14 shall not give rise to the payment of any costs
or fees other than those incurred for experts and interpreters. The latter costs or fees shall be
borne by the Party which has designated the authority making the request for assistance.
2
The data subject may not be charged costs or fees in connection with the steps taken on his
behalf in the territory of another Party other than those lawfully payable by residents of that
Party.
3
Other details concerning the assistance relating in particular to the forms and procedures and
the languages to be used, shall be established directly between the Parties concerned.
Chapter V – Consultative Committee
Article 18 – Composition of the committee
1
A Consultative Committee shall be set up after the entry into force of this Convention.
2
Each Party shall appoint a representative to the committee and a deputy representative. Any
member State of the Council of Europe which is not a Party to the Convention shall have the
right to be represented on the committee by an observer.
3
The Consultative Committee may, by unanimous decision, invite any non-member State of
the Council of Europe which is not a Party to the Convention to be represented by an
observer at a given meeting.
Article 19 – Functions of the committee
The Consultative Committee:
a
may make proposals with a view to facilitating or improving the application of the
Convention;
b
may make proposals for amendment of this Convention in accordance with Article 21;
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