sensitive medical information will have requirements
which differ from routine inquiries about entries in a
population record.
system of a State or international organisation with
the Convention if the State or organisation requires
the Committee to do so (Article 23 littera f.).
Chapter VI – Convention Committee
163. In providing such opinions on the level of compliance with the Convention, the Convention Committee
will work on the basis of a fair, transparent and public
procedure detailed in its Rules of Procedure.
154. The purpose of Articles 22, 23 and 24 is to
facilitate the effective application of the Convention
and, where necessary, to perfect it. The Convention
Committee constitutes another means of co-operation
of the Parties in giving effect to the data protection
laws implemented pursuant to the Convention.
155. A Convention Committee is composed of representatives of all Parties, from the national supervisory
authorities or from the government.
156. The nature of the Convention Committee and the
likely procedure followed could be similar to those set
up under the terms of other conventions concluded
in the framework of the Council of Europe.
157. Since the Convention addresses a constantly
evolving subject, it can be expected that questions will
arise both with regard to the practical application of
the Convention (Article 23, littera a.) and with regard
to its meaning (same article, littera d.).
158. The Rules of Procedure of the Convention
Committee contain provisions regarding the right to
vote of the Parties and the modalities of the exercise of
this right, and are appended to the amending Protocol.
159. Any amendment to the Rules of Procedure is
subject to a two-thirds majority, with the exception
of amendments to the provisions on the right to vote
and corresponding modalities, to which Article 25 of
the Convention applies.
160. Upon accession, the EU shall make a statement
clarifying the distribution of competences between the
EU and its member States as regards the protection of
personal data under the Convention. Subsequently, the
EU will inform the Secretary General of any substantial
modification in the distribution of competences.
161. According to Article 25, the Convention
Committee is entitled to propose amendments to
the Convention and examine other proposals for
amendment formulated by a Party or the Committee
of Ministers (Article 23 litterae b. and c).
162. In order to guarantee the implementation of the
data protection principles set by the Convention, the
Convention Committee will have a key role in assessing compliance with the Convention, either when
preparing an assessment of the level of data protection
provided by a candidate for accession (Article 23 littera
e.) or when periodically reviewing the implementation
of the Convention by the Parties (Article 23 littera
h.). The Convention Committee will also have the
power to assess the compliance of the data protection
Page 32 ► Convention 108+
164. Furthermore, the Convention Committee may
approve models of standardised safeguards for data
transfers (Article 23 littera g.).
165. Finally, the Convention Committee may help to
solve difficulties arising between Parties (Article 23 littera i.). Where disputes are concerned, the Convention
Committee will seek a settlement through negotiation
or any other amicable means.
Chapter VII – Amendments
Article 25 – Amendments
166. The Committee of Ministers, which adopted the
original text of this Convention, is also competent to
approve any amendments.
167. In accordance with paragraph 1, the initiative
for amendments may be taken by the Committee of
Ministers itself, by the Convention Committee or by
a Party (whether a member State of the Council of
Europe or not).
168. Any proposal for amendment that has not originated with the Convention Committee should be
submitted to it, in accordance with paragraph 3, for
an opinion.
169. In principle, any amendment shall enter into force
on the thirtieth day after all the Parties have informed
the Secretary General of the Council of Europe of
their acceptance thereof. However, the Committee of
Ministers may unanimously decide in certain circumstances, after consulting the Convention Committee,
that such amendments shall enter into force following
the expiry of a three-year time lapse, unless a Party
notifies the Secretary General of an objection. This
procedure, the purpose of which is to speed up the
entry into force of amendments while preserving the
principle of the consent of all the Parties, is intended
to apply to minor and technical amendments.
Chapter VIII – Final clauses
Article 26 – Entry into force
170. Since for the effectiveness of the Convention a
wide geographic scope is considered essential, paragraph 2 sets at five the number of ratifications by