cover image: ARTICLE 29 Data Protection Working Party - Subject: Article 29 Working Party's comments on the issue of direct access by third

20.500.12592/5fj52r

ARTICLE 29 Data Protection Working Party - Subject: Article 29 Working Party's comments on the issue of direct access by third

16 Jan 2014

From the point of view of the Council of Europe, the right to protection of one's personal data is enshrined in the case law of the European Court of Human Rights interpreting the scope of Article 8 of the European Convention on Human Rights, as well as the provisions of Convention 108 on the right to protection of personal data and Recommendation No. [...] Furthermore and in addition to the lack of clarity regarding the compliance with the aforementioned data protection requirements, this option seems to run contrary to the current prerequisite for the application of Article 32b Cybercrime Convention, namely the need to obtain the "lawful and voluntary consent of the person who has the lawful authority to disclose the data". [...] From the point of view of the Council of Europe, the right to protection of one's personal data is enshrined in the case law of the European Court of Human Rights interpreting the scope of Article 8 of the European Convention on Human Rights, as well as the provisions of Convention 108 on the right to protection of personal data and Recommendation No. [...] Furthermore and in addition to the lack of clarity regarding the compliance with the aforementioned data protection requirements, this option seems to run contrary to the current prerequisite for the application of Article 32b Cybercrime Convention, namely the need to obtain the "lawful and voluntary consent of the person who has the lawful authority to disclose the data". [...] From the point of view of the Council of Europe, the right to protection of one's personal data is enshrined in the case law of the European Court of Human Rights interpreting the scope of Article 8 of the European Convention on Human Rights, as well as the provisions of Convention 108 on the right to protection of personal data and Recommendation No.

Authors

Elise Latify

Pages
30
Published in
Portugal