CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT
State surveillance of communications, their interception and the collection of personal
data ...”
B. The Council of Europe
1. The Council of Europe Convention for the Protection of Individuals
with regard to Automatic Processing of Personal Data of 1981 and
its Additional Protocol (CETS No. 108)
82. The Convention, in force for Sweden since 1 October 1985, sets out
standards for data protection in the sphere of automatic processing of
personal data in the public and private sectors. It provides, in so far as
relevant, as follows:
Preamble
“The member States of the Council of Europe, signatory hereto,
Considering that the aim of the Council of Europe is to achieve greater unity
between its members, based in particular on respect for the rule of law, as well as
human rights and fundamental freedoms;
Considering that it is desirable to extend the safeguards for everyone’s rights and
fundamental freedoms, and in particular the right to the respect for privacy, taking
account of the increasing flow across frontiers of personal data undergoing automatic
processing;
Reaffirming at the same time their commitment to freedom of information
regardless of frontiers;
Recognising that it is necessary to reconcile the fundamental values of the respect
for privacy and the free flow of information between peoples,
Have agreed as follows:”
Article 1 – Object and purpose
“The purpose of this Convention is to secure in the territory of each Party for every
individual, whatever his nationality or residence, respect for his rights and
fundamental freedoms, and in particular his right to privacy, with regard to automatic
processing of personal data relating to him (“data protection”).”
Article 8 – Additional safeguards for the data subject
“Any person shall be enabled:
a. to establish the existence of an automated personal data file, its main purposes, as
well as the identity and habitual residence or principal place of business of the
controller of the file;
b. to obtain at reasonable intervals and without excessive delay or expense
confirmation of whether personal data relating to him are stored in the automated data
file as well as communication to him of such data in an intelligible form;
21