BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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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.”
(b) The Additional Protocol to the Convention for the Protection of
Individuals with regard to Automatic Processing of Personal Data
regarding supervisory authorities and transborder data flows of
8 November 2001 (CETS No. 181)
207. The Protocol, which has not been ratified by the United Kingdom,
provides, insofar as relevant:
Article 1 – Supervisory authorities
“1. Each Party shall provide for one or more authorities to be responsible for
ensuring compliance with the measures in its domestic law giving effect to the
principles stated in Chapters II and III of the Convention and in this Protocol.
2.
a. To this end, the said authorities shall have, in particular, powers of
investigation and intervention, as well as the power to engage in legal
proceedings or bring to the attention of the competent judicial authorities
violations of provisions of domestic law giving effect to the principles
mentioned in paragraph 1 of Article 1 of this Protocol.
b. Each supervisory authority shall hear claims lodged by any person
concerning the protection of his/her rights and fundamental freedoms with
regard to the processing of personal data within its competence.
3. The supervisory authorities shall exercise their functions in complete
independence.
4. Decisions of the supervisory authorities, which give rise to complaints, may be
appealed against through the courts.
...”
Article 2 – Transborder flows of personal data to a recipient which is not subject to
the jurisdiction of a Party to the Convention
“1. Each Party shall provide for the transfer of personal data to a recipient that is
subject to the jurisdiction of a State or organisation that is not Party to the Convention
only if that State or organisation ensures an adequate level of protection for the
intended data transfer.
2. By way of derogation from paragraph 1 of Article 2 of this Protocol, each Party
may allow for the transfer of personal data:
a. if domestic law provides for it because of:
– specific interests of the data subject, or