96
BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
– legitimate prevailing interests, especially important public interests, or
b. if safeguards, which can in particular result from contractual clauses, are
provided by the controller responsible for the transfer and are found adequate by the
competent authorities according to domestic law.”
(c) Recommendation of the Committee of Ministers on the protection of
personal data in the area of telecommunication services
208. This Recommendation (No. R (95) 4 of the Committee of
Ministers), which was adopted on 7 February 1995, reads, insofar as
relevant, as follows:
“2.4. Interference by public authorities with the content of a communication,
including the use of listening or tapping devices or other means of surveillance or
interception of communications, must be carried out only when this is provided for by
law 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.
2.5. In the case of interference by public authorities with the content of a
communication, domestic law should regulate:
a. the exercise of the data subject’s rights of access and rectification;
b. in what circumstances the responsible public authorities are entitled to refuse to
provide information to the person concerned, or delay providing it;
c. storage or destruction of such data.
If a network operator or service provider is instructed by a public authority to effect
an interference, the data so collected should be communicated only to the body
designated in the authorisation for that interference.”
(d) The 2001 (Budapest) Convention on Cybercrime
209. The Convention provides, insofar as relevant:
Preamble
“The member States of the Council of Europe and the other States signatory hereto,
...
Convinced of the need to pursue, as a matter of priority, a common criminal policy
aimed at the protection of society against cybercrime, inter alia, by adopting
appropriate legislation and fostering international co-operation;
Conscious of the profound changes brought about by the digitalisation, convergence
and continuing globalisation of computer networks;
Concerned by the risk that computer networks and electronic information may also
be used for committing criminal offences and that evidence relating to such offences
may be stored and transferred by these networks;