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Download XMLVerdrag tot bescherming van personen met betrekking tot de geautomatiseerde verwerking van persoonsgegevens
Partijen met voorbehouden, verklaringen en bezwaren
| Partij | Voorbehoud / verklaring | Bezwaren |
|---|---|---|
| Albanië | Ja | Nee |
| Andorra | Ja | Nee |
| Argentinië | Ja | Nee |
| Azerbeidzjan | Ja | Ja |
| België | Ja | Nee |
| Bosnië en Herzegovina | Ja | Nee |
| Cyprus | Ja | Nee |
| Denemarken | Ja | Nee |
| Duitsland | Ja | Nee |
| Estland | Ja | Nee |
| Finland | Ja | Nee |
| Frankrijk | Ja | Nee |
| Hongarije | Ja | Nee |
| Ierland | Ja | Nee |
| IJsland | Ja | Nee |
| Italië | Ja | Nee |
| Kaapverdië | Ja | Nee |
| Kroatië | Ja | Nee |
| Letland | Ja | Nee |
| Liechtenstein | Ja | Nee |
| Litouwen | Ja | Nee |
| Luxemburg | Ja | Nee |
| Malta | Ja | Nee |
| Mauritius | Ja | Nee |
| Mexico | Ja | Nee |
| Moldavië | Ja | Nee |
| Monaco | Ja | Nee |
| Montenegro | Ja | Nee |
| Nederlanden, het Koninkrijk der | Ja | Nee |
| Noord-Macedonië | Ja | Nee |
| Noorwegen | Ja | Nee |
| Oekraïne | Ja | Nee |
| Oostenrijk | Ja | Nee |
| Portugal | Ja | Nee |
| Roemenië | Ja | Nee |
| Russische Federatie | Ja | Nee |
| San Marino | Ja | Nee |
| Senegal | Ja | Nee |
| Servië | Ja | Nee |
| Slovenië | Ja | Nee |
| Slowakije | Ja | Nee |
| Spanje | Ja | Nee |
| Tsjechië | Ja | Nee |
| Tunesië | Ja | Nee |
| Turkije | Ja | Ja |
| Verenigd Koninkrijk | Ja | Ja |
| Zweden | Ja | Nee |
| Zwitserland | Ja | Nee |
Albanië
14-02-2005
In accordance with Article 3, paragraph 2, sub-paragraph a, of the Convention, the
Republic of Albania declares that it will not apply the Convention to the following
categories of personal data:
a) Processing of personal data carried out by individuals exclusively for personal
purposes provided (on the condition) that these data are not intended for distribution
(broadcast) through different means of communication;
b) To personal data which, by virtue of a law, are accessible to the public and to
the personal data which are published in accordance with the law.
In accordance with Article 3, paragraph 2, sub-paragraph b, of the Convention, the
Republic of Albania declares that it will apply the Convention to the data (information)
relating to groups of persons, associations, foundations, companies, institutions
or any other bodies, consisting directly or indirectly of individuals whether or not
such bodies possess legal personality.
In accordance with Article 13, paragraph 2, of the Convention, the Republic of Albania
declares that the designated authorities for cooperation among the parties are:
Updating of information (12-04-2017):
Office of the Information and Data Protection Commissioner
Andorra
06-05-2008
In accordance with Article 3, paragraph 2, subparagraph a, of the Convention, Andorra
declares that it does not apply the Convention to the following personal data:
a. Personal data relating to State security and to the investigation and prevention
of criminal offences.
b. Datas concerning individuals and related to their entrepreneurial, professional
and commercial activity.
c. Public registers specifically regulated by Law in Andorra, the regulation applicable
to bank confidentiality as well as regulatory rules on professional confidentiality.
In accordance with Article 3, paragraph 2, subparagraph c, of the Convention, Andorra
declares that it will apply the Convention to personal data files which are not processed
automatically and which are subjected to provisions under Andorra's domestic law.
In accordance with Article 13, paragraph 2, of the Convention, Andorra designates
as competent authority to render mutual assistance between the Parties:
Agència Andorrana de Protecció de Dades
(Agence andorrane pour la protection des données)
Argentinië
13-09-2019
The Republic of Argentina designates the Public Information Access Agency […] as the authority in order to implement the Convention, in conformity with its Article 13, paragraph 2.
Azerbeidzjan
03-05-2010
In accordance with Article 3, paragraph 2, sub-paragraph a, of the Convention, the
Republic of Azerbaijan declares that the provisions of the Convention will not be
applied to the categories of personal data files, which are subject to State secret
and processed by natural persons exclusively for personal and family needs in compliance
with the rules defined by the legislation.
In accordance with Article 3, paragraph 2, sub-paragraph c, of the Convention, the
Republic of Azerbaijan declares that the provisions of the Convention will be applied
to personal data files which are not processed automatically.
In accordance with Article 13, paragraph 2, sub-paragraph a, of the Convention, the
Ministry of Justice of the Republic of Azerbaijan is designated as a competent authority
for furnishing information on the law and administrative practice in the field of
data protection and for furnishing factual information.
The contact information are the following:
Ministry of Justice of the Republic of Azerbaijan
The Republic of Azerbaijan declares that it is unable to guarantee the implementation
of the provisions of the Convention in its territories occupied by the Republic of
Armenia until the liberation of those territories from the occupation and complete
elimination of the consequences of that occupation.
The Republic of Azerbaijan declares that the rights and obligations set out in the
provisions of the Convention shall not be applied by the Republic of Azerbaijan in
respect of the Republic of Armenia.
Bezwaar Armenië, 09-05-2012
With regard to the Declaration submitted by the Republic of Azerbaijan on 3 May 2010
upon depositing the instrument of ratification of the Convention for the Protection
of Individuals with regard to Automatic Processing of Personal Data, the Republic
of Armenia hereby declares:
The Republic of Azerbaijan deliberately misrepresents the essence of the Nagorno-Karabakh
issue, with respect to causes and effects of the conflict. The conflict arose due
to the policy of ethnic cleansing of the Republic of Azerbaijan aimed at suppressing
the free will of the Nagorno-Karabakh population, which has been followed by the massive
military aggression against the self-determined Nagorno-Karabakh Republic. As a result,
the Republic of Azerbaijan has occupied several territories of the Nagorno-Karabakh
Republic.
België
28-05-1993
In accordance with Article 3, paragraph 2 a of the Convention, Belgium will not apply
the Convention to the processing of personal data managed by individuals which by
its nature is intended for private, family or household use and retains this purpose.
In accordance with Article 3, paragraph 2 a of the Convention, Belgium will not apply
the Convention to processing that applies exclusively to personal data made public
by virtue of a statute or regulation.
In accordance with Article 3, paragraph 2 a of the Convention, Belgium will not apply
the Convention to processing that applies exclusively to personal data, which the
person to whom it relates makes public or has made public, provided the processing
is in keeping with the purpose thereof.
In accordance with Article 3, paragraph 2 c of the Convention, Belgium will also apply
this Convention to personal data files that are not processed automatically.
The designated authority for furnishing the information covered by Article 13, paragraph
3 a, is the
Ministry of Justice
Department of Civil and Criminal Affairs
The competent authority for furnishing the information contained in Article 13, paragraph
3 b is the
Commission for the Protection of Privacy
The designated authority for the purposes of Article 14 is the
Commission for the Protection of Privacy
Bosnië en Herzegovina
24-09-2012
In accordance with Article 13, paragraph 2, sub-paragraph a, of the Convention, Bosnia and Herzegovina declares that the Personal Data Protection Agency has been established by law in June 2006 as an independent administrative authority in Bosnia and Herzegovina and as a supervisory body for the protection of personal data in accordance with the Convention. The Agency is in charge of the application of the Convention in the whole territory of Bosnia and Herzegovina. The Director of the Agency is Mr Petar Kovacevic.
Cyprus
25-02-2002
In accordance with Article 13, paragraph 2, of the Convention, the Republic of Cyprus
declares that the designated authority is the Commissioner for Personal Data Protection
whose address (provisional) is:
Law Office of the Republic of Cyprus
Denemarken
23-10-1989
The Convention shall not apply to the Faroe Islands and Greenland.
The Danish authority designated shall be:
Data Surveillance Authority (D.S.A.)
(Registertilsynet)
Duitsland
19-06-1985
The Federal Republic of Germany starts from the assumption that a request for information
pursuant to Article 8, paragraph b, cannot be complied with if the data subject is
unable adequately to specify his request.
The Federal Republic of Germany, with reference to paragraph 67, sub-paragraph 5,
of the Explanatory Report to the Convention for the Protection of Individuals with
regard to Automatic Processing of Personal Data, starts from the assumption that Article
12, paragraph 2, leaves a Party at liberty to lay down, in its domestic data protection
law, provisions which do not permit, in particular cases, the transfer of personal
data, in consideration of the interests of the data subject that warrant protection.
25-10-1994
The competent authority, for the sphere of competence of the Federal Government, is:
Bundesministerium des Innern
The competent authorities, for the spheres of competence of the Länder, are:
Baden-Württemberg
Innenministerium Baden-Württemberg
Freistaat Bayern
Bayerisches Staatsministerium des Innern
Berlin
Senatsverwaltung für Inneres von Berlin
Brandenburg
Ministerium des Innern des Landes Brandenburg
Freie Hansestadt Bremen
Senator für Inneres und Sport der Freien Hansestadt Bremen
Freie und Hansestadt
Hamburg
Finanzbhörde
- Amt für Informations - und Kommunikationstechnik -
Hessen
Hessisches Ministerium des Innern und für Europaangelegenheiten
Mecklenburg-Vorpommern
Innenminister des Landes Mecklenburg-Vorpommern
Niedersachsen
Niedersächsisches Innenministerium
Nordrhein-Westfalen
Innenministerium des Landes Nordrhein-Westfalen
Rheinland-Pfalz
Ministerium des Innern und für Sport
Saarland
Ministerium des Innern des Saarlandes
Freistaat Sachsen
Sächsisches Staatsministerium des Innern
Sachsen-Anhalt
Ministerium des Innern des Landes Sachsen-Anhalt
Schleswig-Holstein
Innenminister des Landes
Freistaat Thüringen
Innenministerium Thüringen
Estland
14-11-2001
In accordance with Article 3, paragraph 2, subparagraph a, of the Convention, the
Republic of Estonia declares that it will not apply this Convention to the processing
of personal data collected by natural persons for private purposes.
In accordance with Article 13, paragraph 2, subparagraph a of the Convention, the
Republic of Estonia designates the Data Protection Inspectorate as the accredited
authority.
Finland
19-03-1992
Competent Authority:
Data Protection Ombudsman
11-07-2012
In accordance with Article 3, paragraph 2.a, of the Convention, Finland declares that
it will not apply the Convention to the processing of personnal data by a private
individual for purely personal purposes or for comparable ordinary and private purposes.
In accordance with Article 3, paragraph 2.c, of the Convention, Finland declares that,
in addition to automatic processing of personal data, it will apply the Convention
also to other processing of personal data where the data constitute or are intended
to constitute a personal data file or part thereof.
Frankrijk
28-01-1981
The Government of the French Republic declares that in Article 9, paragraph 2(a) it
interprets the phrase "Sécurité d'Etat" as meaning "Sûreté de l'Etat" and the phrase
"Sûreté publique" as meaning "Sécurité publique".
16-05-1983
The Government of the French Republic wishes to make the following complementary declaration:
In accordance with the provisions of Article 3, paragraph 2, sub-paragraph c, it will
also apply the present Convention to personal data files which are not processed automatically.
13-03-1992
Competent Authority:
National Commission for Computerization and Freedom
Hongarije
08-10-1997
The Government of the Republic of Hungary hereby declares that in accordance with
Article 3, paragraph 2, subparagrah c, of the Convention, it will also apply the Convention
to data classified without the aid of electronic or automatic processing.
In conformity with Article 13, paragraph 2, subparagraph a, of the Convention for
the Protection of Individuals with Regard to Automatic Processing of Personal Data,
done at Strasbourg, on 28 January 1981, the Ministry of Justice of the Republic of
Hungary has been designated by the Government of the Republic of Hungary as the competent
authority to render assistance to the Parties, in order to implement the convention.
The address of the Ministry of Justice of the Republic of Hungary is as follows:
Igazságügyi Minisztérium
Ierland
25-04-1990
The Government of Ireland wish to make a declaration in accordance with Article 3(2)(a)
of the Convention for the Protection of Individuals with regard to Automatic Processing
of Personal Data to the effect that the Convention will not apply to the following
categories of automated personal data files, which are set out at Section 1(4) of
the Data Protection Act 1988, to wit:
a. personal data that in the opinion of the Minister for Justice or the Minister for
Defence are, or at any time, were, kept for the purpose of safeguarding the security
of the State;
b. personal data consisting of information that the person keeping the data is required
by law to make available to the public;
c. personal data kept by an individual and concerned only with the management of his
personal, family or household affairs or kept by an individual only for recreational
purposes.
05-05-2009
Declaration regarding application of the Convention to personal data files which are
not processed automatically (Article 3.2 (c)):
Ireland will apply the Convention to personal data which are not processed automatically
but which are held in a relevant filing system. "Relevant filing system" means any
set of information relating to individuals to the extent that, although the information
is not processed by means of equipment operating automatically in response to instructions
given for that purpose, the set is structured, either by reference to individuals
or by reference to criteria relating to individuals, in such a way that specific information
relating to a particular individual is readily accessible.
In accordance with Article 13(2)(a) of the Convention for the Protection of Individuals
with regard to Automatic Processing of Personal Data, (...) the designated authority,
in respect of Ireland, is:
Data Protection Commissioner
IJsland
18-04-2002
Persónuvernd (The Data Processing Authority)
Italië
29-03-1997
Italy declares, with regard to Article 3, paragraph 2, sub-paragraph a, of the Convention,
that it will not apply the Convention to the processing of personal data from individuals,
provided that these datas are not intended for systematic communication or for broadcast.
-List provided for by Article 3, paragraph 2, sub-paragraph a:
Processing of personal data carried out by individuals exclusively for personal purposes,
provided that these data are not intended for systematic communication of for broadcast.
Italy declares, with regard to Article 3, paragraph 2, sub-paragraph b, of the Convention,
that it will also apply the Convention to the processing of personal data concerning
legal person, groups, foundations, associations.
Italy declares, with regard to Article 3, paragraph 2, sub-paragraph c, of the Convention,
that it will also apply the Convention to data classified without the aid of electronic
or automatic processing.
Italy declares that the authority designated for the purposes of co-operation and
mutual assistance between Parties provided for by Chapter IV of the Convention is
the "Garante per la tutela delle persone e di altri soggetti rispetto al trattamento
dei dati personali", whose provisional seat is at the Chamber of Deputies.
Kaapverdië
19-06-2018
In accordance with Article 13 of the Convention, the Republic of Cabo Verde designates
the following competent authority for co-operation among the Parties:
National Commission of Data Protection (CNDP)
Kroatië
21-06-2005
In accordance with Article 3, paragraph 2, sub-paragraph a, of the Convention, the
Republic of Croatia declares that the Convention will not apply to the automated personal
data files kept by individuals exclusively for personal use or for household purposes.
In accordance with Article 3, paragraph 2, sub-paragraph c, of the Convention, the
Republic of Croatia declares that the Convention will also apply to personal data
files which are not processed automatically.
In accordance with Article 13, paragraph 2, sub-paragraph a, of the Convention, the
Republic of Croatia declares that the competent authority is the Personal Data Protection
Agency.
Letland
19-05-2006
In accordance with Article 3, paragraph 2.a, of the Convention, the Republic of Latvia
declares that:
- it will apply the Convention to those personal data files which are subject to the
law "On Official Secrets" considering the exceptions listed in this law, i.e. , information
which may not be an Official Secret. According to Article 5 of the Law on Official
Secrets, it is prohibited to grant the status of an official secret and to restrict
access to the following information:
1. information regarding natural disasters, natural or other calamities and the consequenses
thereof;
2. information regarding the environmental, health protection, educational and cultural
state, as wel ass the demographic situation;
3. information regarding violations of human rights;
4. information regarding the crime rate and the statistics thereof, corruption cases,
irregular conduct of officials;
5. information regarding the economic situation in the State, implementation of the
budget, living standards of the population, as well as the salary scales, privileges,
advantages and guarantees specified for officials and employees of State and local
government institutions, and
6. information regarding the state of health of the heads of State.
- it will not apply the Convention to the personaldata files which are processed by
public institutions for the purposes of national security and criminal law.
30-05-2008
In accordance with Article 13, paragraph 2, sub-paragraph a, of the Convention, the
Republic of Latvia declares that the designated authority of the Republic of Latvia
is:
Data State Inspectorate
Liechtenstein
11-05-2004
In accordance with Article 3, paragraph 2, of the Convention, the Principality of
Liechtenstein declares that:
1. The Convention will also apply to personal data concerning legal persons and partnerships
with legal capacity as well as to personal data files which are not processed automatically.
2. The Convention will not apply to:
a. personal data files processed by an individual for his or her personal use exclusively
and that will not be communicated to third persons;
b. deliberations of Parliament (Landtag) and of parliamentary commissions;
c. the activities of the Finance Administration.
In accordance with Article 13, paragraph 2, of the Convention, the Principality of
Liechtenstein declares that the Data Protection Unit is the competent authority to
render assistance in the implementation of the Convention.
Litouwen
15-02-2002
The authority designated by the Republic of Lithuania in pursuance of Article 13,
paragraph 2a of the Convention is:
State Data Protection Inspectorate
Luxemburg
10-02-1988
The Grand Duchy of Luxembourg declares that it avails itself of the right, within
the limits of Article 3(2)a) of the Convention, not to apply the Convention:
a. to data banks which, by virtue of a law or regulation are accessible to the public;
b. to data banks which exclusively contain data relating to the owner of the data
bank;
c. to data banks which have been set up for public international law institutions.
21-04-2010
The Grand Duchy of Luxembourg designates as the competent authority for the granting
of assistance for the implementation of the Convention : the Consultative Committee
established by the law of 31 March 1979 regulating the use of personal data in automated
processing:
c/o Ministry of Justice
Malta
28-02-2003
Malta declares that, in accordance with Article 3 (2) (a) of the Convention, the said
Convention will not apply to the following categories of automated personal data files,
which are included in Article 5 of Malta's Data Protection Act No XXVI of 2001:
a. personal data files processed by a natural person in the course of a purely personal
activity;
b. personal data files processed for purposes of public security, defence or State
security (including the economic well being of the State when the processing operation
relates to security matters).
Malta understands that a request for information pursuant to paragraph (b) of Article
8 of the Convention cannot be complied with if the data subject is unable to adequately
specify his or her request.
Malta declares that the authority designated for the purposes of co-operation and
mutual assistance between Parties in terms of Article 13 (2) (a) of the Convention
is the:
Office for the Commissioner for Data Protection
Mauritius
17-06-2016
As per Article 13.2, of the Convention, the authority designated for the purpose to
render on behalf of the Republic of Mauritius, mutual assistance with another Party
inter alia as per Article 13.3 to furnish information on its law and administrative
practice in the field of data protection and to take, in conformity with its domestic
law and for the sole purpose of protection of privacy, all appropriate measures for
furnishing factual information relating to specific automatic processing carried out
in its territory, with the exception however of the personal data being processed,
is the:
Data Protection Office.
As per Article 14.2, of the Convention, the authority designated as the intermediary
to address the request for assistance submitted by any person resident in the territory
of another Party and to exercise the right conferred by the Mauritian domestic law,
giving effect to the principles set out in Article 8 of the said Convention, is also
the "Data Protection Office”.
As per Article 18 of the Convention, the Data Protection Commissioner from the "Data
Protection Office” will be the representative to the Consultative Committee. A high-ranking
officer from the Ministry of Technology Communication and Innovation will act as the
deputy Representative to the Committee. Both of them will participate to the functions
mentioned under the Article 19.
Mexico
18-10-2018
The Mexican public authority responsible for the compliance with the right of access
to public information, as well as the right to protection of personal data is:
Authority: National Institute for Transparency, Access to Information and Personal
Data Protection INAI - Mexico (Instituto Nacional de Transparencia, Acceso a la Información
y Protección de Datos Personales)
Moldavië
28-02-2008
In accordance with Article 3, paragraph 2.a, of the Convention, the Republic of Moldova
will not apply the provisions of the Convention to:
a. the data processing which is carried out by individuals exclusively for their personal
and family use provided that the rights of the personal data subjects are not violated;
b. the personal data processing subject to the legal regime on information which constitutes
a State' s secret.
In accordance with Article 3, paragraph 2.c, of the Convention, the Republic of Moldova
will also apply the Convention to personal data files which are not processed automatically.
11-03-2010
In accordance with Article 13, paragraph 1.a, of the Convention, the Republic of Moldova
designates the National Center for the protection of personal data, created pursuant
to Article 11 of the Law of the Republic of Moldova on the protection of personal
data, as the competent authority for the implementation of the provisions of the Convention,
and for the reports on co-operation with other Parties. The contact information are:
National Center for Personal Data Protection
02-01-2014
In accordance with the Law of the Parliament of the Republic of Moldova No. 271 of
7 November 2013, and in accordance with Article 3, paragraph 2.a, of the Convention,
the Republic of Moldova will not apply the provisions of the Convention to:
a. the data processing which is carried out by individuals exclusively for their personal
and family use provided that the rights of the personal data subjects are not violated;
b. the personal data processing subject to the legal regime on information which constitutes
a State' s secret, with the exception of processing made in the context of an action
of prevention and investigation of an offence, of the execution of a criminal conviction,
of the prosecution related to criminal proceedings, including in cases if minor offences,
in accordance with the law;
c. processing operations and cross-border transfer of personal data concerning the
author or the victims of genocide, war crimes or crimes against humanity.
Date of effect of the declaration: 3 April 2014
Monaco
24-12-2008
In accordance with Article 13 of the Convention, Monaco designates as the authority
responsible for providing, within the scope and limitations of the said Article, all
information on Monaco's law and administrative practice regarding data protection:
Commission de Controle des Informations Nominatives - C. C.I.N.
Montenegro
19-10-2006
In accordance with Article 3, paragraph 2, sub-paragraph a, of the Convention, the
Republic of Montenegro shall not apply the Convention to automated databases containing
personal data being kept in accordance with criminal records and State security regulations.
In accordance with Article 13 of the Convention, Montenegro designates the following
responsible authority:
Secretariat for development of the Republic of Montenegro
29-04-2011
In relation to the Article 3, paragraph 2, of the Convention, Montenegro, after considering
the declaration contained in the instrument of ratification, withdraws the same and
declares :
In accordance with Article 3, paragraph 2, of the Convention, Montenegro will apply
the Convention to automated databases containing personal data being kept in accordance
with criminal records and State security regulations.
Nederlanden, het Koninkrijk der
24-08-1993
Pursuant to Article 3, second paragraph, under a. of the Convention, the Kingdom of
the Netherlands (for the Kingdom in Europe) declares that:
I. The Convention shall not apply to the following personal data files:
- personal data files which are by their nature intended for personal or domestic
use;
- personal data files kept exclusively for public information purposes by the press,
radio or television;
- books and other written publications, or index systems pertaining to them;
- personal data files kept in archive repositories designated for that purpose by
law;
- personal data files which are established and to which public access is required
by law;
- personal data files kept for the purpose of implementing the Elections Act; ("Kieswet");
II. The Convention shall as yet not apply to the following personal data files:
- personal data files established under or pursuant to the Criminal Records and Certificates
of Good Behaviour Act ("Wet op de justitiële documentatie en op de verklaringen omtrent
het gedrag");
- personal data files established pursuant to the Population and Residence Registers
Act ("Wet bevolkings - en verblijfsregisters");
- the central register of students in higher education, established under the University
Education Act, the Higher Vocational Education Act and the Open University Act ("Wet
op het wetenschappelijk onderwijs, Wet op het hoger beroepsonderwijs, Wet op de open
universiteit"); and
- files of registered vehicle registration marks and of issued driving licences, established
pursuant to the Road Traffic Act ("Wegenverkeerswet").
In accordance with Article 13, second paragraph, under a. of the Convention, the authority
designated by the Kingdom of the Netherlands (for the Kingdom in Europe) is:
Registratiekamer
Noord-Macedonië
24-03-2006
In accordance with Article 3, paragraph 2.a, of the Convention, the Republic of Macedonia
declares that it will not apply the Convention to the following categories of personal
data:
- Processing of personal data carried out by individuals exclusively for personal
use or household purposes;
- Processing of personal data for the purpose of sagefuarding national security and
national defence of the Republic of Macedonia.
16-05-2006
In accordance with Article 13, paragraph 2.a, of the Convention, the function of the
Macedonian information center is fulfilled by the:
Directorate for Personal Data Protection
Noorwegen
20-02-1984
The Convention shall not apply to private personal registers which are not utilised
in the private sector or by societies or foundations.
The rules of the Convention shall also be applied to information on associations or
foundations.
The Convention will not be made applicable to Svalbard.
The institution in Norway designated in pursuance of Article 13, paragraph 2a of the
Convention shall be:
Datatilsynet (The Data Inspectorate)
Oekraïne
30-09-2010
In accordance with Article 3, paragraph 2, sub-paragraph a, of the Convention, Ukraine
declares that it will not apply the Convention to the personal data which are processed
by natural persons exclusively for personal or everyday needs.
In accordance with Article 3, paragraph 2, sub-paragraph b, of the Convention, Ukraine
declares that it will apply the Convention to the information pertaining to groups
of persons, associations, funds, companies, corporations and any other organisations,
which directly or indirectly consist of individuals irrespective of the fact, whether
such offices have, or do not have, the status of legal entity.
In accordance with Article 3, paragraph 2, sub-paragraph c, of the Convention, Ukraine
declares that it will apply the Convention to files of personal data, which are not
processed automatically.
In accordance with Article 13, paragraph 2, of the Convention, Ukraine declares that
the designated authority is the Ministry of Justice of Ukraine.
Oostenrijk
30-03-1988
The Republic of Austria takes the assumption that the term "dissemination" covers
the terms "communication" and "making available" used in section 3 paragraphs 9 and
10 of the amendment to the Austrian Data Protection Act, Federal Law Gazette No. 370/1986.
The Republic of Austria takes the assumption that this requirement [Article 5.e] is
fully met by the stipulation of the Austrian Data Protection Act concerning the deletion
of data upon application by the data subject.
The Republic of Austria takes the assumption that the contents of the phrase "provided
for by the law of the Party" contained in the introductory sentence of Article 9(2)
of the Convention conforms to the contents of the phrase "in accordance with the law"
contained in Article 8(2) of the European Convention on Human Rights, and that it
is therefore in agreement with the Convention if under the Austrian basic right to
data protection it is admissible to restrict such basic right only if provided for
by the law.
The Republic of Austria takes the assumption that, in its scope, the restriction in
the interest of the "monetary interests of the State" as provided for in Article 9(2)a
of the Convention in conjunction with the restriction under paragraph 2(b) corresponds
to the restriction in the interest of the "economic well-being of the country" contained
in Article 8(2) of the European Convention on Human Rights.
In compliance with Article 13(2) it is hereby notified that the authority responsible
for rendering assistance in the implementation of this Convention shall be:
Bundeskanzleramt
In accordance with Article 3(2)b it is hereby notified that Austria will also apply
this Convention to information relating to groups of persons, associations, foundations,
companies, corporations or any other bodies consisting directly or indirectly of individuals
whether or not such bodies possess legal personality (legal persons or associations
of persons within the meaning of section 3(2), Data Protection Act).
Portugal
31-05-2002
Competent Authority:
Comissão Nacional de Protecção de Dados (CNPD)
Roemenië
09-07-2004
The Republic of Romania makes the following declarations:
In accordance with Article 3, sub-paragraph 2.a, this Convention shall not apply to
the processing of personal data which are included in a data base when:
a) the automatic processing is realized in the framework of activities in the field
of national defence and national security, which are performed within the limits and
with the restrictions established by the law;
b) the automatic processing of personal data concerns data obtained from documents
accessible to the public, in accordance with the law;
c) the automatic processing of personal data are realized by natural persons exclusively
for their personal use, if those data are not to be disclosed.
In accordance with Article 3, sub-paragraph 2.c, the Convention shall also apply to
the non-automatic processing of personal data which are part of a data base or which
are to be included in such a data base.
In accordance with Article 13 of the Convention, the national competent authority
is:
the Ombudsperson
This Convention shall also apply to the automatic processing of personal data realized
within the framework of the legitimate activities of any foundation, association or
any other non-profit organization having political, philosophical, religious or trade-union
character, under condition that the concerned person be a member of this organization
or has constant relations with it regarding the specific activity of the organization
and that the data shall not be disclosed to a third party without prior consent of
the concerned person.
Russische Federatie
15-05-2013
The Russian Federation ratifies the Convention for the Protection of Individuals with
regard to Automatic Processing of Personal Data with the amendments approved by the
Committee of Ministers of the Council of Europe on 15 June 1999, with the following
declarations:
The Russian Federation declares that in accordance with subparagraph "a" of paragraph
2 of Article 3 of the Convention, it will not apply the Convention to personal data:
a) processed by individuals exclusively for personal and family purposes;
b) falling under State secrecy in accordance with the legislation of the Russian Federation
on State secrecy.
The Russian Federation declares that in accordance with subparagraph "c" of paragraph
2 of Article 3 of the Convention, it will apply the Convention to personal data which
is not processed automatically, if the application of the Convention corresponds to
the nature of the actions performed with the personal data without using automatic
means.
The Russian Federation declares that in accordance with subparagraph "a" of paragraph
2 of Article 9 of the Convention, it retains the right to limit the right of the data
subject to access personal data on himself for the purposes of protecting State security
and public order.
San Marino
28-05-2015
With regards to Article 13, paragraph 2, of the Convention, the Government of the
Republic of San Marino declares that the designated authority for co-operation among
Parties is:
Professor Guido GUIDI, Administrative Appeal Judge of the Court of the Republic of
San Marino.
Senegal
14-10-2016
In accordance with Article 13 of the Convention, Senegal designates as the competent
authority:
La Commission de protection de données personnelles (CDP) of Senegal.
(Date of effect of the declaration: 01-12-2016)
Servië
20-07-2006
In accordance with Article 13 of the Convention, Serbia designates the following responsible
authority:
Commissioner for Access to Information of Public Importance and Protection of Personal
Data
04-02-2011
Pursuant to Article 3, paragraph 2, sub-paragraph a, of the Convention, the Republic
of Serbia shall not apply the Convention with regard to the automatic processing of:
1. data that are available to the general public and printed in public newspapers
and publications or that are accessible in the archives, museums and other related
organisations;
2. data that are being processed for family and other personal purposes and that are
not accessible to a third party;
3. data relating to members of political parties, associations, trade unions and other
associations, that are being processed by these organisations provided that the relevant
member states in writing that certain provisions of the law shall not apply to the
processing of his personal data for a certain period of time which does not last longer
than the duration of his/her membership; and
4. personal data published by a person capable of looking after his/her own interests.
Pursuant to Article 3, paragraph 2, sub-paragraph c, of the Convention, the Republic
of Serbia declares that the Convention applies to the processing of personal data
contained in the database that is not automated.
Slovenië
19-01-1995
In accordance with Article 13. 2. a., the designated authority is:
Ministry of Justice of the Republic of Slovenia
Slowakije
13-11-2000
In accordance with Article 13, paragraph 2, of the Convention, the State body providing
State Supervision over the protection of personal data in the Slovak Republic is:
the Government Commissioner for the Protection of Personal Data in Information Systems
and Inspection Unit for the Protection of Personal Data
Spanje
26-01-1999
Central Authority:
Ministerio de Justicia, Secretaría General Técnica.
05-03-2008
If the Convention for the Protection of Individuals with regard to Automatic Processing
of Personal Data were to be extended by the United Kingdom to Gibraltar, the Kingdom
of Spain would like to make the following declaration:
1. Gibraltar is a non-autonomous territory for the international relations of which
the United Kingdom is responsible and which is subject to a decolonisation process
in accordance with the relevant decisions and resolutions of the General Assembly
of the United Nations.
2. The authorities of Gibraltar have a local character and exercise exclusively internal
competences which have their origin and their foundation in the distribution and attribution
of competences performed by the United Kingdom, in compliance with its internal legislation,
in its capacity as sovereign State on which the mentioned non-autonomous territory
depends.
3. As a result, the eventual participation of the Gibraltarian authorities in the
application of this Convention will be understood as carried out exclusively as part
of the internal competences of Gibraltar, and it cannot be considered to produce a
change in relation with what was established in the two previous paragraphs.
Tsjechië
09-07-2001
In accordance with Article 13 of the Convention, the Czech Republic declares that
the designated authority is:
Office for Personal Data Protection
24-09-2003
The Czech Republic declares that, according to Article 3, sub-paragraph 2.c, of the
Convention, it will also apply this Convention to personal data files which are not
processed automatically.
[Date of entry into force of the declaration: 25/12/2003]
Tunesië
24-10-2017
In accordance with Article 13 of the Convention, Tunisia designates as the competent
authority:
L’Instance Nationale de Protection des Données à caractère personnel (INPDP)
Turkije
02-05-2016
Turkey declares that its ratification of the Convention For The Protection of Individuals
With Regard to Automatic Processing Of Personal Data neither amounts to any form of
recognition of the Greek Cypriot Administration's pretention to represent the defunct
“Republic of Cyprus” as party to that Convention, nor should it imply any obligation
on the part of Turkey to enter into any dealing with the so-called Republic of Cyprus
within the framework of the said Convention.
In accordance with Article 3, paragraph 2.a, of the Convention, the Republic of Turkey
declares that it does not apply the Convention to the following personal data:
a) The automatic processing of personal data realised by natural persons exclusively
for their personal use or household purposes,
b) Public registers specifically regulated by Law in Turkey,
c) Data which are available to the general public information in accordance with Law,
d) Personal data which are processed by public institutions for the purposes of national
security, defence and to the investigation and prevention of criminal offences.
In accordance with Article 3, paragraph 2, sub-paragraph c, of the Convention, the
Republic of Turkey declares that the Convention will also apply to personal data files
which are not processed automatically.
In accordance with Article 13, paragraph 2, sub-paragraph a, of the Convention, the
Republic of Turkey declares that the competent authority is the Personal Data Protection
Council.
Bezwaar Cyprus, 29-07-2016
The Republic of Cyprus has examined the declaration deposited by the Republic of Turkey
upon ratification of the Convention for the Protection of Individuals with regard
to Automatic Processing of Personal Data (ETS No. 108), registered at the Secretariat
General of the Council of Europe on 2 May 2016.
The Republic of Turkey declares that its ratification of the Convention for the Protection
of Individuals with regard to Automatic Processing of Personal Data neither amounts
to any form of recognition of the Republic of Cyprus, as party to that Convention,
nor should it imply any obligation on the part of the Republic of Turkey to enter
into any dealing with the Republic of Cyprus within the framework of the said Convention.
In the view of the Republic of Cyprus, the content and purported effect of this declaration
makes it tantamount in its essence to a reservation contrary to the object and purpose
of the Convention, which, it is to be noted, expressly provides that no reservations
may be made in respect to its provisions. By such declaration, the Republic of Turkey
purports to evade its obligations under the Convention vis-à-vis another equal and
sovereign State Party, namely the Republic of Cyprus. Such declaration is incompatible
with the principle that inter-State reciprocity has no place in the context of human
rights treaties. Furthermore, it prevents the realization of cooperation between State
Parties foreseen by the Convention.
The Republic of Cyprus therefore strongly rejects the aforesaid declaration made by
the Republic of Turkey and considers such declaration to be null and void. The aforementioned
objections by the Republic of Cyprus shall not preclude the entry into force of the
Convention, in its entirety, between the Republic of Cyprus and the Republic of Turkey.
Bezwaar Griekenland, 31-01-2017
The Government of the Hellenic Republic has examined the declaration made by the Republic
of Turkey upon ratification, on May 2nd 2016, of the Convention for the Protection
of Individuals with regard to Automatic Processing of Personal Data.
The Republic of Turkey inter alia declares that its ratification of the Convention
should not imply any obligation on the part of Turkey to enter into any dealing with
the Republic of Cyprus within the framework of the said Convention.
The Government of the Hellenic Republic is of the view that the above declaration
in fact amounts to a reservation, as it purports to exclude the application of the
Convention in its entirety between Turkey and the Republic of Cyprus, and would like
to recall that according to Article 25 of the Convention, no reservation may be made
in respect of the provisions of this Convention.
Furthermore, the Government of the Hellenic Republic notes that the above reservation
made by the Republic of Turkey to the Convention for the Protection of Individuals
with regard to Automatic Processing of Personal Data, which concerns the endowment
of individuals with rights, is incompatible with the principle that inter-State reciprocity
has no place in the context of human rights treaties. Such a reservation also prevents
the realisation of inter-State cooperation under the Convention.
The Government of the Hellenic Republic, therefore, considers that the aforesaid
reservation of Turkey is impermissible as prohibited by Article 25 of the Convention
for the Protection of Individuals with regard to Automatic Processing of Personal
Data and as contrary to the object and purpose of this Convention.
For the above reasons, the Government of the Hellenic Republic objects to the declaration
made by the Republic of Turkey upon ratification of the said Convention.
This objection shall not preclude the entry into force of the Convention between
the Hellenic Republic and the Republic of Turkey.
Bezwaar Portugal, 06-03-2017
The Government of the Portuguese Republic has examined the declaration made by the
Republic of Turkey upon ratification of the Convention for the Protection of Individuals
with regard to Automatic Processing of Personal Data.
The Portuguese Republic, as a European Union Member State, opposes the declaration
made by the Republic of Turkey since it describes another Member State, the Republic
of Cyprus, as a defunct entity.
Bezwaar Oostenrijk, 11-04-2017
The Government of Austria has examined the declaration made by the Republic of Turkey upon ratification of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, adopted on 28 January 1981. It welcomes the ratification of the Convention by Turkey as a significant step for the promotion of data protection. However, as a member State of the European Union, Austria opposes the declaration made by the Republic of Turkey which describes another member State, the Republic of Cyprus, as a defunct entity.
Verenigd Koninkrijk
21-01-1993
[...] the following declaration [...] applies only to the Isle of Man, and not to
the United Kingdom or other Islands:
In accordance with Article 3, paragraph 2, sub-paragraph (a) of the Convention, I
declare that the Convention will not be applied to personal data files held only for
distributing or supplying or recording the distribution or supply of articles, information
or services to the data subjects.
26-01-2001
The United Kingdom withdraws the following declaration, made on 26 august 1987 in
respect of the United Kingdom, but maintains it in respect of Jersey, Gueunsey and
the Isle of Man:
The Convention will not be applied to the following categories of automated personal
data files:
a. payroll and pensions : personal data held only for calculating employment remuneration
or pensions, or paying deductions from same;
b. accounts and transaction records : personal data held only for keeping accounts
or records of transactions;
c. information publicly available by law : personal data which must be publicly available
under an enactment.
The United Kingdom makes the following declaration in respect of the United Kingdom
only:
"The United Kingdom will apply the Convention to personal data which are not processed
automatically but which are held in a relevant filing system. "Relevant filing system"
means any set of information relating to individuals to the extent that, although
the information is not processed by means of equipment operating automatically in
response to instructions given for that purpose, the set is structured, either by
reference to individuals or by reference to criteria relating to individuals, in such
a way that specific information relating to a particular individual is readily accessible".
[Date of entry into force of the declaration: 27/4/2001]
The designated authority for the United Kingdom with effect from 20 January 2001 will
be:
The information Commissioner
The designated authority for the Bailiwick of Guernsey is now:
The Data Protection Commissioner
The address of the designated authority for the Bailiwick of Jersey is now:
The Data Protection Registrar
The address of the designated authority for the Isle of Man is now:
The Data Protection Registrar
08-07-2019
In accordance with Article 24, paragraph 2, of the Convention, the Government of the
United Kingdom of Great Britain and Northern Ireland declares that the United Kingdom's
ratification to the Convention shall be extended to the territory of Gibraltar, for
whose international relations the United Kingdom is responsible.
For the purposes of Article 13, paragraph 2a, of the Convention, the Government of
the United Kingdom of Great Britain and Northern Ireland declares that the competent
authority for the Government of Gibraltar shall be:
The Gibraltar Regulatory Authority
Bezwaar Spanje, 28-04-2022
With regard to the communication that the United Kingdom addressed to the Secretariat
General of the Council of Europe on 29 July 2019, concerning the intention of the
United Kingdom to extend to Gibraltar the application of the Convention for the Protection
of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108),
and notification of which was received by letter from the Secretary General dated
12 July 2019, Spain, recalling that it is a Party to the said Convention, as well
as to the Additional Protocol (ETS No. 181) and to Protocol of amendment (CETS No.
223) thereof, wishes to recall the content of its Declaration of 5 March 2008 and
to make the following statement:
- Gibraltar is a non-autonomous territory whose international relations come under
the responsibility of the United Kingdom and which is subject to a decolonisation
process in accordance with the relevant decisions and resolutions of the General Assembly
of the United Nations.
- The authorities of Gibraltar have a local character and exercise exclusively internal
competences which have their origin and their foundation in a distribution and attribution
of competences performed by the United Kingdom in compliance with its internal legislation,
in its capacity as sovereign State of which the mentioned non-autonomous territory
is dependent.
- As a result, any participation of the Gibraltarian authorities in the application
of the Convention for the Protection of Individuals with regard to Automatic Processing
of Personal Data will be understood as carried out exclusively as part of the internal
competences of Gibraltar and cannot be considered to modify in any way what was established
in the two previous paragraphs.
- The procedure foreseen in the Arrangements relating to Gibraltar authorities in
the context of certain international treaties which were adopted by Spain and the
United Kingdom on 19 December 2007 (as well as the Agreed Arrangements relating to
Gibraltar authorities in the context of EU and EC instruments and related treaties,
dated 19 April 2000), apply to this Convention and to the Protocols thereof.
- The application to Gibraltar of this Convention and of the Protocols thereof should
not be interpreted as an acknowledgment of any right or any situation regarding areas
not covered by Article X of the Treaty of Utrecht of 13 July 1713, concluded between
the Crowns of Spain and of the United Kingdom.
Zweden
03-10-1985
The Data Inspection Board has been declared the competent authority in accordance with Article 13, paragraph 2, subparagraph a. of the Convention.
Zwitserland
02-10-1997
In accordance with Article 3, paragraph 2, of the Convention:
The Convention will also apply to personal data concerning legal persons and to personal
data files which are not processed automatically.
The Convention will not apply:
a. to files set up and used by Federal and cantonal parliaments during their deliberations,
b. to files of the International Committee of the Red Cross,
c. to personal data files processed by an individual for his or her personal use exclusively
and that will not be communicated to third persons.
The Federal Data Protection Commissioner is the competent authority to render assistance
in the implementation of the Convention.