Council of Europe convention 108+: A modernised international treaty for the protection of personal data

• Published in: Computer law & security review Vol. 40; p. 105497
• Main Author: de Terwangne, Cécile
• Format: Journal Article
• Language: English
• Published: Elsevier Ltd 01.04.2021
• Subjects: Convention Committee; Council of Europe Convention 108; Data protection; Data security; Data subject’s rights; Informational autonomy; Modernised Convention 108; Personal data; Supervisory authority; Transborder data flows; Council of Europe Convention 108; Data security; Transborder data flows; Data protection; Informational autonomy; Supervisory authority; Data subject’s rights; Convention Committee; Modernised Convention 108; Personal data
• ISSN: 2212-473X; 2212-4748
• DOI: 10.1016/j.clsr.2020.105497

The Council of Europe has modernized its Convention 108 for the protection of individuals with regard to automatic processing of personal data: in 2018 it adopted Convention 108+. The modernised version of Convention 108 seeks to respond to the challenges posed, in terms of human rights, by the use of new information and communication technologies. This article presents a detailed analysis of this new international text. Convention 108+ contains important innovations: it proclaims the importance of protecting the right to informational autonomy and human dignity in the face of technological developments. It consolidates the proportionality requirement for data processing and strengthens the arsenal of rights of the data subjects. It reinforces the responsibility of those in charge of data processing as well as its transparency. It requires notification of security breaches. It strengthens the independence, powers and means of action of the supervisory authorities. It also strengthens the mechanism to ensure its effective implementation by entrusting the Committee set up by the Convention with the task of verifying compliance with the commitments made by Parties.