Article 19 – Safeguards
1.
A supervisory authority which has received information from another supervisory authority, either
accompanying a request or in reply to its own request,
shall not use that information for purposes other than
those specified in the request.
2.
In no case may a supervisory authority be allowed
to make a request on behalf of a data subject of its
own accord and without the express approval of the
data subject concerned.
3.
The Convention Committee may, by a decision
taken by a majority of two-thirds of the representatives
of the Parties, invite an observer to be represented at
its meetings.
4.
Any Party which is not a member of the Council
of Europe shall contribute to the funding of the activities of the Convention Committee according to the
modalities established by the Committee of Ministers
in agreement with that Party.
Article 23 – Functions of the committee
Article 20 – Refusal of requests
The Convention Committee:
A supervisory authority to which a request is addressed
under Article 17 of this Convention may not refuse to
comply with it unless:
a.
may make recommendations with a view to facilitating or improving the application of the Convention;
a.
the request is not compatible with its powers;
b.
the request does not comply with the provisions
of this Convention;
c.
compliance with the request would be incompatible with the sovereignty, national security or public
order of the Party by which it was designated, or with
the rights and fundamental freedoms of individuals
under the jurisdiction of that Party.
Article 21 – Costs and procedures
1.
Co-operation and mutual assistance which the
Parties render each other under Article 17 and assistance they render to data subjects under Articles 9
and 18 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 making the request.
2.
The data subject may not be charged costs or
fees in connection with the steps taken on his or her
behalf in the territory of another Party other than
those lawfully payable by residents of that Party.
3.
Other details concerning the co-operation and
assistance, relating in particular to the forms and
procedures and the languages to be used, shall be
established directly between the Parties concerned.
Chapter VI – Convention Committee
Article 22 – Composition of the
committee
1.
A Convention 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.
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b.
may make proposals for amendment of this
Convention in accordance with Article 25;
c.
shall formulate its opinion on any proposal for
amendment of this Convention which is referred to
it in accordance with Article 25, paragraph 3;
d.
may express an opinion on any question concerning the interpretation or application of this Convention;
e.
shall prepare, before any new accession to the
Convention, an opinion for the Committee of Ministers
relating to the level of personal data protection of the
candidate for accession and, where necessary, recommend measures to take to reach compliance with the
provisions of this Convention;
f.
may, at the request of a State or an international
organisation, evaluate whether the level of personal
data protection the former provides is in compliance
with the provisions of this Convention and, where
necessary, recommend measures to be taken to reach
such compliance;
g.
may develop or approve models of standardised
safeguards referred to in Article 14;
h.
shall review the implementation of this
Convention by the Parties and recommend measures
to be taken in the case where a Party is not in compliance with this Convention;
i.
shall facilitate, where necessary, the friendly
settlement of all difficulties related to the application
of this Convention.
Article 24 – Procedure
1.
The Convention Committee shall be convened
by the Secretary General of the Council of Europe. Its
first meeting shall be held within twelve months of
the entry into force of this Convention. It shall subsequently meet at least once a year, and in any case
when one-third of the representatives of the Parties
request its convocation.