Convention108 in a snapshot

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Presentation transcript:

Convention108 in a snapshot Sophie Kwasny 14 March 2017

Cross-community Discussion

Convention 108 (28/01/1981) UNIQUE (no other international legally binding instrument in the field) OPEN (any country in the world with a complying data protection legislation can request invitation to accede) INFLUENTIAL (its principles = data protection principles taken up in all regions of the world)

Convention 108 today currently 50 Parties (including Uruguay, Mauritius, Senegal) Pending: Morocco,Tunisia, Cape Verde Burkina-Faso ? + observers (USA, Canada, Australia, South Korea, Mexico, Indonesia – requests by Japan and Philippines) = TOTAL OF OVER 60 COUNTRIES

Convention 108 today Based on ”Global Tables of Data Privacy Laws and Bills”, 5th Ed, compiled by Graham Greenleaf, Privacy Laws & Business International Report, February 2017 www.privacylaws.com/Publications/special_reports/

Convention 108 Definitions (personal data, processing…) Scope (public and private sector) Legitimacy of processing and quality of data Sensitive data Security Rights of data subjects Exceptions Transborder data flows Supervisory authorities

Convention 108 Personal data undergoing automatic processing shall be: Article 5 – Quality of data Personal data undergoing automatic processing shall be: a) obtained and processed fairly and lawfully; b) stored for specified and legitimate purposes and not used in a way incompatible with those purposes; c) adequate, relevant and not excessive in relation to the purposes for which they are stored; d) accurate and, where necessary, kept up to date; e) preserved in a form which permits identification of the data subjects for no longer than is required for the purpose for which those data are stored.

Convention 108 - Modernisation Current modernisation to: reinforce the individuals’ protection Modernisation trends : promote as a universal standard preserve general, simple, flexible and pragmatic character ensure coherence with other relevant frameworks (EU, OECD, APEC)

Convention 108 Committee Open Forum of cooperation between 60 countries and non State actors = available expertise for ICANN and its constituencies.

Thank you for your attention www.coe.int/dataprotection dataprotection@coe.int