CENTRUM FÖR RÄTTVISA v. SWEDEN JUDGMENT
c. to obtain, as the case may be, rectification or erasure of such data if these have
been processed contrary to the provisions of domestic law giving effect to the basic
principles set out in Articles 5 and 6 of this convention;
d. to have a remedy if a request for confirmation or, as the case may be,
communication, rectification or erasure as referred to in paragraphs b and c of this
article is not complied with.”
Article 9 – Exceptions and restrictions
“1. No exception to the provisions of Articles 5, 6 and 8 of this Convention shall be
allowed except within the limits defined in this article.
2. Derogation from the provisions of Articles 5, 6 and 8 of this Convention shall be
allowed when such derogation is provided for by the law of the Party and constitutes a
necessary measure in a democratic society in the interests of:
a. protecting State security, public safety, the monetary interests of the State or
the suppression of criminal offences;
b. protecting the data subject or the rights and freedoms of others.
...”
Article 10 – Sanctions and remedies
“Each Party undertakes to establish appropriate sanctions and remedies for
violations of provisions of domestic law giving effect to the basic principles for data
protection set out in this chapter.”
83. The Explanatory Report to the above-mentioned Convention
explains the following as regards its Article 9:
“...
55. Exceptions to the basic principles for data protection are limited to those which
are necessary for the protection of fundamental values in a democratic society. The
text of the second paragraph of this article has been modelled after that of the second
paragraphs of Articles 6, 8, 10 and 11 of the European Human Rights Convention. It
is clear from the decisions of the Commission and the Court of Human Rights relating
to the concept of ‘necessary measures’ that the criteria for this concept cannot be laid
down for all countries and all times, but should be considered in the light of the given
situation in each country.
56. Littera a in paragraph 2 lists the major interests of the State which may require
exceptions. These exceptions are very specific in order to avoid that, with regard to
the general application of the convention, States would have an unduly wide leeway.
States retain, under Article 16, the possibility to refuse application of the convention
in individual cases for important reasons, which include those enumerated in Article
9.
The notion of ‘State security’ should be understood in the traditional sense of
protecting national sovereignty against internal or external threats, including the
protection of the international relations of the State...”
84. The Additional Protocol to the Council of Europe Convention for the
Protection of Individuals with regard to Automatic Processing of Personal