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BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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;
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.”
206. The Explanatory Report explains that:
Article 9 – Exceptions and restrictions
“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.