Article 3 – Scope
1.
Each Party undertakes to apply this Convention
to data processing subject to its jurisdiction in the
public and private sectors, thereby securing every
individual’s right to protection of his or her personal
data.
2.
This Convention shall not apply to data processing carried out by an individual in the course of purely
personal or household activities.
c.
adequate, relevant and not excessive in relation
to the purposes for which they are processed;
d.
e.
preserved in a form which permits identification
of data subjects for no longer than is necessary for the
purposes for which those data are processed.
Article 6 – Special categories of data
1.
Chapter II – Basic principles for the
protection of personal data
Article 4 – Duties of the Parties
1.
Each Party shall take the necessary measures in its
law to give effect to the provisions of this Convention
and secure their effective application.
2.
These measures shall be taken by each Party and
shall have come into force by the time of ratification
or of accession to this Convention.
3.
Each Party undertakes:
a.
to allow the Convention Committee provided
for in Chapter VI to evaluate the effectiveness of the
measures it has taken in its law to give effect to the
provisions of this Convention; and
b.
to contribute actively to this evaluation process.
Article 5 – Legitimacy of data processing
and quality of data
1.
Data processing shall be proportionate in relation to the legitimate purpose pursued and reflect at
all stages of the processing a fair balance between all
interests concerned, whether public or private, and
the rights and freedoms at stake.
2.
Each Party shall provide that data processing can
be carried out on the basis of the free, specific, informed
and unambiguous consent of the data subject or of
some other legitimate basis laid down by law.
3.
Personal data undergoing processing shall be
processed lawfully.
4.
Personal data undergoing processing shall be:
a.
processed fairly and in a transparent manner;
b.
collected for explicit, specified and legitimate
purposes and not processed in a way incompatible
with those purposes; further processing for archiving
purposes in the public interest, scientific or historical
research purposes or statistical purposes is, subject
to appropriate safeguards, compatible with those
purposes;
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accurate and, where necessary, kept up to date;
The processing of:
–– genetic data;
–– personal data relating to offences, criminal
proceedings and convictions, and related
security measures;
–– biometric data uniquely identifying a person;
–– personal data for the information they reveal
relating to racial or ethnic origin, political
opinions, trade-union membership, religious
or other beliefs, health or sexual life,
shall only be allowed where appropriate safeguards
are enshrined in law, complementing those of this
Convention.
2.
Such safeguards shall guard against the risks
that the processing of sensitive data may present for
the interests, rights and fundamental freedoms of the
data subject, notably a risk of discrimination.
Article 7 – Data security
1.
Each Party shall provide that the controller, and,
where applicable the processor, takes appropriate
security measures against risks such as accidental or
unauthorised access to, destruction, loss, use, modification or disclosure of personal data.
2.
Each Party shall provide that the controller notifies, without delay, at least the competent supervisory authority within the meaning of Article 15 of
this Convention, of those data breaches which may
seriously interfere with the rights and fundamental
freedoms of data subjects.
Article 8 – Transparency of processing
1.
Each Party shall provide that the controller
informs the data subjects of:
a.
his or her identity and habitual residence or
establishment;
b.
the legal basis and the purposes of the intended
processing;
c.
the categories of personal data processed;
d.
the recipients or categories of recipients of the
personal data, if any; and
e.
the means of exercising the rights set out in
Article 9,