The work of revision of the Council of Europe Convention 108 for the protection of individuals as regards the automatic processing of personal data

• Published in: International review of law, computers & technology Vol. 28; no. 2; pp. 118 - 130
• Main Author: de Terwangne, Cécile
• Format: Journal Article
• Language: English
• Published: Abingdon Routledge 04.05.2014; Taylor & Francis Ltd
• Subjects: Convention 108; Conventions; Data integrity; Data protection; Europe; Information processing; Law; modernisation work; Modernization; Personal information; Protocol; Reform; Revisions; Studies; Technological change; Transborder data flow; Europe
• ISSN: 1360-0869; 1364-6885
• DOI: 10.1080/13600869.2013.801588

Thirty years after the Convention 108 for the protection of individuals as regards the automatic processing of personal data was adopted, the Council of Europe launched a process of modernising this text in order to adapt it to the substantive technological revolutions that have occurred since its birth in 1981. After two years of work, the Committee of the Convention 108 (T-PD Committee) has adopted the proposal of a revised version of both the Convention 108 and its additional Protocol. This paper presents the main propositions of changes brought by the modernisation work. Major changes have been brought to certain definitions and to the scope of the Convention as well as to the basic principles and to the special regime for sensitive data. Important new rights have been added to the list of guarantees offered to data subjects. New duties appear now in the text. And the transborder data flow regime has been entirely rewritten.