Considerations on COM(2018)449 - Authorisation of Member States to sign the Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

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dossier COM(2018)449 - Authorisation of Member States to sign the Protocol amending the Convention for the Protection of Individuals with regard to ...
document COM(2018)449 EN
date June  5, 2018
 
(1) On 31 May 2013, the Council authorised the Commission to participate on behalf of the Union in the negotiations on the modernisation of the Council of Europe Convention for the protection of individuals with regard to automatic processing of personal data (EST 108) ("Convention 108") and the conditions and modalities of accession of the Union to the modernised Convention.

(2) The Protocol amending Convention 108 ("the amending Protocol") was adopted by the Council of Europe Committee of Ministers on 18 May 2018 and will be open for signature as of 25 June 2018.

(3) The amending Protocol aims to widen the scope, increase the level and improve the effectiveness of data protection afforded under Convention 108.

(4) The provisions of the amended Convention 108, to the extent they apply to processing of personal data in the context of activities falling within the scope of Union law, may affect common rules or alter their scope within the meaning of Article 3(2) TFEU, as these provisions coincide with the obligations contained in Regulation (EU) 2016/679 of the European Parliament and of the Council1 and Directive (EU) 2016/680 of the European Parliament and of the Council2.

(5) Given that the modernised Convention 108 would contain largely similar safeguards as Regulation (EU) 2016/679 and Directive (EU) 2016/680, entry into force will contribute to the promotion of EU data protection standards at global level, facilitate

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/799/JHA, (OJ L 119, 4.5.2016, p. 89).

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data flows between the EU and the non-EU Parties to the Convention, ensure compliance of EU Member States with their international obligations under the Convention and enable future accession of the EU to the Convention.

(6) The Union cannot sign or ratify the amending Protocol, as under the current Convention 108 only States are Parties.

(7) Member States should therefore be authorised to sign the amending Protocol, acting jointly in the interests of the Union.