Council of Europe Trety Series - No. [223] Protocol mending the Convention for the Protection of Individuls with regrd to Automtic Processing of Personl Dt [Strsourg, 10.X.2018] Premle The memer Sttes of the Council of Europe nd the other Prties to the Convention for the Protection of Individuls with regrd to Automtic Processing of Personl Dt (ETS No. 108), opened for signture in Strsourg on 28 Jnury 1981 (hereinfter referred to s the Convention ), Hving regrd to Resolution No. 3 on dt protection nd privcy in the third millennium dopted t the 30th Council of Europe Conference of Ministers of Justice (Istnul, Turkey, 24-26 Novemer 2010); Hving regrd to the Prlimentry Assemly of the Council of Europe s Resolution 1843 (2011) on the protection of privcy nd personl dt on the Internet nd online medi nd Resolution 1986 (2014) on improving user protection nd security in cyerspce; Hving regrd to Opinion 296 (2017) on the drft protocol mending the Convention for the Protection of Individuls with regrd to Automtic Processing of Personl Dt (ETS No. 108) nd its explntory memorndum, dopted y the Stnding Committee on ehlf of the Prlimentry Assemly of the Council of Europe on 24 Novemer 2017; Considering tht new chllenges to the protection of individuls with regrd to the processing of personl dt hve emerged since the Convention ws dopted; Considering the need to ensure tht the Convention continues to ply its pre-eminent role in protecting individuls with regrd to the processing of personl dt, nd more generlly in protecting humn rights nd fundmentl freedoms, Hve greed s follows: Article 1 1 The first recitl of the premle of the Convention shll e replced y the following: The memer Sttes of the Council of Europe, nd the other signtories hereto, 2 The third recitl of the premle of the Convention shll e replced y the following: Considering tht it is necessry to secure the humn dignity nd protection of the humn rights nd fundmentl freedoms of every individul nd, given the diversifiction, intensifiction nd glolistion of dt processing nd personl dt flows, personl utonomy sed on person s right to control his or her personl dt nd the processing of such dt;
3 The fourth recitl of the premle of the Convention shll e replced y the following: Reclling tht the right to protection of personl dt is to e considered in respect of its role in society nd tht it hs to e reconciled with other humn rights nd fundmentl freedoms, including freedom of expression; 4 The following recitl shll e dded fter the fourth recitl of the premle of the Convention: Considering tht this Convention permits ccount to e tken, in the implementtion of the rules lid down therein, of the principle of the right of ccess to officil documents; 5 The fifth recitl of the premle of the Convention shll e deleted. New fifth nd sixth recitls shll e dded, which red s follows: Recognising tht it is necessry to promote t the glol level the fundmentl vlues of respect for privcy nd protection of personl dt, therey contriuting to the free flow of informtion etween people; Recognising the interest of reinforcement of interntionl co-opertion etween the Prties to the Convention, Article 2 The text of Article 1 of the Convention shll e replced y the following: The purpose of this Convention is to protect every individul, whtever his or her ntionlity or residence, with regrd to the processing of their personl dt, therey contriuting to respect for his or her humn rights nd fundmentl freedoms, nd in prticulr the right to privcy. Article 3 1 Litter of Article 2 of the Convention shll e replced y the following: dt processing mens ny opertion or set of opertions performed on personl dt, such s the collection, storge, preservtion, ltertion, retrievl, disclosure, mking ville, ersure, or destruction of, or the crrying out of logicl nd/or rithmeticl opertions on such dt; 2 Litter c of Article 2 of the Convention shll e replced y the following: c where utomted processing is not used, dt processing mens n opertion or set of opertions performed upon personl dt within structured set of such dt which re ccessile or retrievle ccording to specific criteri; 3 Litter d of Article 2 of the Convention shll e replced y the following: d controller mens the nturl or legl person, pulic uthority, service, gency or ny other ody which, lone or jointly with others, hs decision-mking power with respect to dt processing; 2
4 The following new littere shll e dded fter litter d of Article 2 of the Convention: e recipient mens nturl or legl person, pulic uthority, service, gency or ny other ody to whom dt re disclosed or mde ville; f processor mens nturl or legl person, pulic uthority, service, gency or ny other ody which processes personl dt on ehlf of the controller. Article 4 1 Prgrph 1 of Article 3 of the Convention shll e replced y the following: 1 Ech Prty undertkes to pply this Convention to dt processing suject to its jurisdiction in the pulic nd privte sectors, therey securing every individul s right to protection of his or her personl dt. 2 Prgrph 2 of Article 3 of the Convention shll e replced y the following: 2 This Convention shll not pply to dt processing crried out y n individul in the course of purely personl or household ctivities. 3 Prgrphs 3 to 6 of Article 3 of the Convention shll e deleted. Article 5 The title of Chpter II of the Convention shll e replced y the following: Article 6 Chpter II Bsic principles for the protection of personl dt. 1 Prgrph 1 of Article 4 of the Convention shll e replced y the following: 1 Ech Prty shll tke the necessry mesures in its lw to give effect to the provisions of this Convention nd secure their effective ppliction. 2 Prgrph 2 of Article 4 of the Convention shll e replced y the following: 2 These mesures shll e tken y ech Prty nd shll hve come into force y the time of rtifiction or of ccession to this Convention. 3 A new prgrph shll e dded fter prgrph 2 of Article 4 of the Convention: 3 Ech Prty undertkes: to llow the Convention Committee provided for in Chpter VI to evlute the effectiveness of the mesures it hs tken in its lw to give effect to the provisions of this Convention; nd to contriute ctively to this evlution process. 3
Article 7 1 The title of Article 5 shll e replced y the following: Article 5 Legitimcy of dt processing nd qulity of dt. 2 The text of Article 5 of the Convention shll e replced y the following: 1 Dt processing shll e proportionte in reltion to the legitimte purpose pursued nd reflect t ll stges of the processing fir lnce etween ll interests concerned, whether pulic or privte, nd the rights nd freedoms t stke. 2 Ech Prty shll provide tht dt processing cn e crried out on the sis of the free, specific, informed nd unmiguous consent of the dt suject or of some other legitimte sis lid down y lw. 3 Personl dt undergoing processing shll e processed lwfully. 4 Personl dt undergoing processing shll e: c d e processed firly nd in trnsprent mnner; collected for explicit, specified nd legitimte purposes nd not processed in wy incomptile with those purposes; further processing for rchiving purposes in the pulic interest, scientific or historicl reserch purposes or sttisticl purposes is, suject to pproprite sfegurds, comptile with those purposes; dequte, relevnt nd not excessive in reltion to the purposes for which they re processed; ccurte nd, where necessry, kept up to dte; preserved in form which permits identifiction of the dt sujects for no longer thn is necessry for the purposes for which those dt re processed. Article 8 The text of Article 6 of the Convention shll e replced y the following: 1 The processing of: genetic dt; personl dt relting to offences, criminl proceedings nd convictions, nd relted security mesures; iometric dt uniquely identifying person; personl dt for the informtion they revel relting to rcil or ethnic origin, politicl opinions, trde-union memership, religious or other eliefs, helth or sexul life, shll only e llowed where pproprite sfegurds re enshrined in lw, complementing those of this Convention. 4
2 Such sfegurds shll gurd ginst the risks tht the processing of sensitive dt my present for the interests, rights nd fundmentl freedoms of the dt suject, notly risk of discrimintion. Article 9 The text of Article 7 of the Convention shll e replced y the following: 1 Ech Prty shll provide tht the controller, nd where pplicle the processor, tkes pproprite security mesures ginst risks such s ccidentl or unuthorised ccess to, destruction, loss, use, modifiction or disclosure of personl dt. 2 Ech Prty shll provide tht the controller notifies, without dely, t lest the competent supervisory uthority within the mening of Article 15 of this Convention, of those dt reches which my seriously interfere with the rights nd fundmentl freedoms of dt sujects. Article 10 A new Article 8 shll e dded fter Article 7 of the Convention s follows: Article 8 Trnsprency of processing 1 Ech Prty shll provide tht the controller informs the dt sujects of: c d his or her identity nd hitul residence or estlishment; the legl sis nd the purposes of the intended processing; the ctegories of personl dt processed; the recipients or ctegories of recipients of the personl dt, if ny; nd e the mens of exercising the rights set out in Article 9, s well s ny necessry dditionl informtion in order to ensure fir nd trnsprent processing of the personl dt. 2 Prgrph 1 shll not pply where the dt suject lredy hs the relevnt informtion. 3 Where the personl dt re not collected from the dt sujects, the controller shll not e required to provide such informtion where the processing is expressly prescried y lw or this proves to e impossile or involves disproportionte efforts. Article 11 1 The former Article 8 of the Convention shll e renumered Article 9 nd the title shll e replced y the following: Article 9 Rights of the dt suject. 2 The text of Article 8 of the Convention (new Article 9) shll e replced y the following: 5
1 Every individul shll hve right: c d e f g not to e suject to decision significntly ffecting him or her sed solely on n utomted processing of dt without hving his or her views tken into considertion; to otin, on request, t resonle intervls nd without excessive dely or expense, confirmtion of the processing of personl dt relting to him or her, the communiction in n intelligile form of the dt processed, ll ville informtion on their origin, on the preservtion period s well s ny other informtion tht the controller is required to provide in order to ensure the trnsprency of processing in ccordnce with Article 8, prgrph 1; to otin, on request, knowledge of the resoning underlying dt processing where the results of such processing re pplied to him or her; to oject t ny time, on grounds relting to his or her sitution, to the processing of personl dt concerning him or her unless the controller demonstrtes legitimte grounds for the processing which override his or her interests or rights nd fundmentl freedoms; to otin, on request, free of chrge nd without excessive dely, rectifiction or ersure, s the cse my e, of such dt if these re eing, or hve een, processed contrry to the provisions of this Convention; to hve remedy under Article 12 where his or her rights under this Convention hve een violted; to enefit, whtever his or her ntionlity or residence, from the ssistnce of supervisory uthority within the mening of Article 15, in exercising his or her rights under this Convention. 2 Prgrph 1. shll not pply if the decision is uthorised y lw to which the controller is suject nd which lso lys down suitle mesures to sfegurd the dt suject's rights, freedoms nd legitimte interests. Article 12 A new Article 10 shll e dded fter the new Article 9 of the Convention s follows: Article 10 Additionl oligtions 1 Ech Prty shll provide tht controllers nd, where pplicle, processors, tke ll pproprite mesures to comply with the oligtions of this Convention nd e le to demonstrte, suject to the domestic legisltion dopted in ccordnce with Article 11, prgrph 3, in prticulr to the competent supervisory uthority provided for in Article 15, tht the dt processing under their control is in complince with the provisions of this Convention. 2 Ech Prty shll provide tht controllers nd, where pplicle, processors, exmine the likely impct of intended dt processing on the rights nd fundmentl freedoms of dt sujects prior to the commencement of such processing, nd shll design the dt processing in such mnner s to prevent or minimise the risk of interference with those rights nd fundmentl freedoms. 6
3 Ech Prty shll provide tht controllers, nd, where pplicle, processors, implement technicl nd orgnistionl mesures which tke into ccount the implictions of the right to the protection of personl dt t ll stges of the dt processing. 4 Ech Prty my, hving regrd to the risks rising for the interests, rights nd fundmentl freedoms of the dt sujects, dpt the ppliction of the provisions of prgrphs 1, 2 nd 3 in the lw giving effect to the provisions of this Convention, ccording to the nture nd volume of the dt, the nture, scope nd purpose of the processing nd, where pproprite, the size of the controller or processor. Article 13 The former Articles 9 to 12 of the Convention shll ecome Articles 11 to 14 of the Convention. Article 14 The text of Article 9 of the Convention (new Article 11) shll e replced y the following: 1 No exception to the provisions set out in this chpter shll e llowed except to the provisions of Article 5, prgrph 4, Article 7, prgrph 2, Article 8, prgrph 1, nd Article 9, when such n exception is provided for y lw, respects the essence of the fundmentl rights nd freedoms nd constitutes necessry nd proportionte mesure in democrtic society for: the protection of ntionl security, defence, pulic sfety, importnt economic nd finncil interests of the Stte, the imprtility nd independence of the judiciry or the prevention, investigtion nd prosecution of criminl offences nd the execution of criminl penlties, nd other essentil ojectives of generl pulic interest; the protection of the dt suject or the rights nd fundmentl freedoms of others, notly freedom of expression. 2 Restrictions on the exercise of the provisions specified in Articles 8 nd 9 my e provided for y lw with respect to dt processing for rchiving purposes in the pulic interest, scientific or historicl reserch purposes or sttisticl purposes when there is no recognisle risk of infringement of the rights nd fundmentl freedoms of dt sujects. 3 In ddition to the exceptions llowed for in prgrph 1 of this rticle, with reference to processing ctivities for ntionl security nd defence purposes, ech Prty my provide, y lw nd only to the extent tht it constitutes necessry nd proportionte mesure in democrtic society to fulfil such n im, exceptions to Article 4, prgrph 3, Article 14, prgrphs 5 nd 6, nd Article 15, prgrph 2, littere,, c nd d. This is without prejudice to the requirement tht processing ctivities for ntionl security nd defence purposes re suject to independent nd effective review nd supervision under the domestic legisltion of the respective Prty. Article 15 The text of Article 10 of the Convention (new Article 12) shll e replced y the following: Ech Prty undertkes to estlish pproprite judicil nd non-judicil snctions nd remedies for violtions of the provisions of this Convention. 7
Article 16 The title of Chpter III shll e replced y the following: Chpter III Trnsorder flows of personl dt. Article 17 1 The title of Article 12 of the Convention (new Article 14) shll e replced y the following: Article 14 Trnsorder flows of personl dt. 2 The text of Article 12 of the Convention (new Article 14) shll e replced y the following: 1 A Prty shll not, for the sole purpose of the protection of personl dt, prohiit or suject to specil uthoristion the trnsfer of such dt to recipient who is suject to the jurisdiction of nother Prty to the Convention. Such Prty my, however, do so if there is rel nd serious risk tht the trnsfer to nother Prty, or from tht other Prty to non-prty, would led to circumventing the provisions of the Convention. A Prty my lso do so if ound y hrmonised rules of protection shred y Sttes elonging to regionl interntionl orgnistion. 2 When the recipient is suject to the jurisdiction of Stte or interntionl orgnistion which is not Prty to this Convention, the trnsfer of personl dt my only tke plce where n pproprite level of protection sed on the provisions of this Convention is secured. 3 An pproprite level of protection cn e secured y: the lw of tht Stte or interntionl orgnistion, including the pplicle interntionl treties or greements; or d hoc or pproved stndrdised sfegurds provided y leglly-inding nd enforcele instruments dopted nd implemented y the persons involved in the trnsfer nd further processing. 4 Notwithstnding the provisions of the previous prgrphs, ech Prty my provide tht the trnsfer of personl dt my tke plce if: c d the dt suject hs given explicit, specific nd free consent, fter eing informed of risks rising in the sence of pproprite sfegurds; or the specific interests of the dt suject require it in the prticulr cse; or previling legitimte interests, in prticulr importnt pulic interests, re provided for y lw nd such trnsfer constitutes necessry nd proportionte mesure in democrtic society; or it constitutes necessry nd proportionte mesure in democrtic society for freedom of expression. 5 Ech Prty shll provide tht the competent supervisory uthority, within the mening of Article 15 of this Convention, is provided with ll relevnt informtion concerning the trnsfers of dt referred to in prgrph 3, litter nd, upon request, prgrph 4, littere nd c. 8
6 Ech Prty shll lso provide tht the supervisory uthority is entitled to request tht the person who trnsfers dt demonstrtes the effectiveness of the sfegurds or the existence of previling legitimte interests nd tht the supervisory uthority my, in order to protect the rights nd fundmentl freedoms of dt sujects, prohiit such trnsfers, suspend them or suject them to conditions. 3 The text of Article 12 of the Convention (new Article 14) includes the provisions of Article 2 of the Additionl Protocol of 2001 regrding supervisory uthorities nd trnsorder dt flows (ETS No. 181) on trnsorder flows of personl dt to recipient which is not suject to the jurisdiction of Prty to the Convention. Article 18 A new Chpter IV shll e dded fter Chpter III of the Convention, s follows: Chpter IV Supervisory uthorities. Article 19 A new Article 15 includes the provisions of Article 1 of the Additionl Protocol of 2001 (ETS No.181) nd reds s follows: Article 15 Supervisory uthorities 1 Ech Prty shll provide for one or more uthorities to e responsile for ensuring complince with the provisions of this Convention. 2 To this end, such uthorities: shll hve powers of investigtion nd intervention; shll perform the functions relting to trnsfers of dt provided for under Article 14, notly the pprovl of stndrdised sfegurds; c d e shll hve powers to issue decisions with respect to violtions of the provisions of this Convention nd my, in prticulr, impose dministrtive snctions; shll hve the power to engge in legl proceedings or to ring to the ttention of the competent judicil uthorities violtions of the provisions of this Convention; shll promote: i ii iii pulic wreness of their functions nd powers, s well s their ctivities; pulic wreness of the rights of dt sujects nd the exercise of such rights; wreness of controllers nd processors of their responsiilities under this Convention; specific ttention shll e given to the dt protection rights of children nd other vulnerle individuls. 3 The competent supervisory uthorities shll e consulted on proposls for ny legisltive or dministrtive mesures which provide for the processing of personl dt. 9
4 Ech competent supervisory uthority shll del with requests nd complints lodged y dt sujects concerning their dt protection rights nd shll keep dt sujects informed of progress. 5 The supervisory uthorities shll ct with complete independence nd imprtility in performing their duties nd exercising their powers nd in doing so shll neither seek nor ccept instructions. 6 Ech Prty shll ensure tht the supervisory uthorities re provided with the resources necessry for the effective performnce of their functions nd exercise of their powers. 7 Ech supervisory uthority shll prepre nd pulish periodicl report outlining its ctivities. 8 Memers nd stff of the supervisory uthorities shll e ound y oligtions of confidentility with regrd to confidentil informtion to which they hve ccess, or hve hd ccess to, in the performnce of their duties nd exercise of their powers. 9 Decisions of the supervisory uthorities my e suject to ppel through the courts. 10 The supervisory uthorities shll not e competent with respect to processing crried out y odies when cting in their judicil cpcity. Article 20 1 Chpters IV to VII of the Convention shll e renumered to Chpters V to VIII of the Convention. 2 The title of Chpter V shll e replced y Chpter V Co-opertion nd mutul ssistnce. 3 A new Article 17 shll e dded, nd former Articles 13 to 27 of the Convention shll ecome Articles 16 to 31 of the Convention. Article 21 1 The title of Article 13 of the Convention (new Article 16) shll e replced y the following: Article 16 Designtion of supervisory uthorities. 2 Prgrph 1 of Article 13 of the Convention (new Article 16) shll e replced y the following: 1 The Prties gree to co-operte nd render ech other mutul ssistnce in order to implement this Convention. 3 Prgrph 2 of Article 13 of the Convention (new Article 16) shll e replced y the following: 2 For tht purpose: ech Prty shll designte one or more supervisory uthorities within the mening of Article 15 of this Convention, the nme nd ddress of ech of which it shll communicte to the Secretry Generl of the Council of Europe; 10
ech Prty which hs designted more thn one supervisory uthority shll specify the competence of ech uthority in its communiction referred to in the previous litter. 4 Prgrph 3 of Article 13 of the Convention (new Article 16) shll e deleted. Article 22 A new Article 17 shll e dded fter the new Article 16 of the Convention s follows: Article 17 Forms of co-opertion 1 The supervisory uthorities shll co-operte with one nother to the extent necessry for the performnce of their duties nd exercise of their powers, in prticulr y: c providing mutul ssistnce y exchnging relevnt nd useful informtion nd cooperting with ech other under the condition tht, s regrds the protection of personl dt, ll the rules nd sfegurds of this Convention re complied with; co-ordinting their investigtions or interventions, or conducting joint ctions; providing informtion nd documenttion on their lw nd dministrtive prctice relting to dt protection. 2 The informtion referred to in prgrph 1 shll not include personl dt undergoing processing unless such dt re essentil for co-opertion, or where the dt suject concerned hs given explicit, specific, free nd informed consent to its provision. 3 In order to orgnise their co-opertion nd to perform the duties set out in the preceding prgrphs, the supervisory uthorities of the Prties shll form network. Article 23 1 The title of Article 14 of the Convention (new Article 18) shll e replced y the following: Article 18 Assistnce to dt sujects. 2 The text of Article 14 of the Convention (new Article 18) shll e replced y the following: 1 Ech Prty shll ssist ny dt suject, whtever his or her ntionlity or residence, to exercise his or her rights under Article 9 of this Convention. 2 Where dt suject resides on the territory of nother Prty, he or she shll e given the option of sumitting the request through the intermediry of the supervisory uthority designted y tht Prty. 3 The request for ssistnce shll contin ll the necessry prticulrs, relting inter li to: c the nme, ddress nd ny other relevnt prticulrs identifying the dt suject mking the request; the processing to which the request pertins, or its controller; the purpose of the request. 11
Article 24 1 The title of Article 15 of the Convention (new Article 19) shll e replced y the following: Article 19 Sfegurds. 2 The text of Article 15 of the Convention (new Article 19) shll e replced y the following: 1 A supervisory uthority which hs received informtion from nother supervisory uthority, either ccompnying request or in reply to its own request, shll not use tht informtion for purposes other thn those specified in the request. 2 In no cse my supervisory uthority e llowed to mke request on ehlf of dt suject of its own ccord nd without the express pprovl of the dt suject concerned. Article 25 1 The title of Article 16 of the Convention (new Article 20) shll e replced y the following: Article 20 Refusl of requests. 2 The recitl of Article 16 of the Convention (new Article 20) shll e replced y the following: A supervisory uthority to which request is ddressed under Article 17 of this Convention my not refuse to comply with it unless: 3 Litter of Article 16 of the Convention (new Article 20) shll e replced y the following: the request is not comptile with its powers. 4 Litter c of Article 16 of the Convention (new Article 20) shll e replced y the following: c complince with the request would e incomptile with the sovereignty, ntionl security or pulic order of the Prty y which it ws designted, or with the rights nd fundmentl freedoms of individuls under the jurisdiction of tht Prty. Article 26 1 The title of Article 17 of the Convention (new Article 21) shll e replced y the following: Article 21 Costs nd procedures. 2 Prgrph 1 of Article 17 of the Convention (new Article 21) shll e replced y the following: 1 Co-opertion nd mutul ssistnce which the Prties render ech other under Article 17 nd ssistnce they render to dt sujects under Articles 9 nd 18 shll not give rise to the pyment of ny costs or fees other thn those incurred for experts nd interpreters. The ltter costs or fees shll e orne y the Prty mking the request. 3 The terms his or her shll replce his in prgrph 2 of Article 17 of the Convention (new Article 21). 12
Article 27 The title of Chpter V of the Convention (new Chpter VI) shll e replced y the following: Chpter VI Convention Committee. Article 28 1 The terms Consulttive Committee in prgrph 1 of Article 18 of the Convention (new Article 22) shll e replced y Convention Committee. 2 Prgrph 3 of Article 18 of the Convention (new Article 22) shll e replced y the following: 3 The Convention Committee my, y decision tken y mjority of two-thirds of the representtives of the Prties, invite n oserver to e represented t its meetings. 3 A new prgrph 4 shll e dded fter prgrph 3 of Article 18 of the Convention (new Article 22): 4 Any Prty which is not memer of the Council of Europe shll contriute to the funding of the ctivities of the Convention Committee ccording to the modlities estlished y the Committee of Ministers in greement with tht Prty. Article 29 1 The terms Consulttive Committee in the recitl of Article 19 of the Convention (new Article 23) shll e replced y Convention Committee. 2 The term proposls in litter of Article 19 of the Convention (new Article 23) shll e replced with the term recommendtions. 3 References to Article 21 in litter nd Article 21 prgrph 3 in litter c of Article 19 of the Convention (new Article 23) shll e replced respectively y references to Article 25 nd Article 25, prgrph 3. 4 Litter d of Article 19 of the Convention (new Article 23) shll e replced y the following: d my express n opinion on ny question concerning the interprettion or ppliction of this Convention;. 5 The following dditionl littere shll e dded following litter d of Article 19 of the Convention (new Article 23): e shll prepre, efore ny new ccession to the Convention, n opinion for the Committee of Ministers relting to the level of personl dt protection of the cndidte for ccession nd, where necessry, recommend mesures to tke to rech complince with the provisions of this Convention; f my, t the request of Stte or n interntionl orgnistion, evlute whether the level of personl dt protection the former provides is in complince with the provisions of this Convention nd, where necessry, recommend mesures to e tken in order to rech such complince; g my develop or pprove models of stndrdised sfegurds referred to in Article 14; 13
h i shll review the implementtion of this Convention y the Prties nd recommend mesures to e tken in the cse where Prty is not in complince with this Convention; shll fcilitte, where necessry, the friendly settlement of ll difficulties relted to the ppliction of this Convention. Article 30 The text of Article 20 of the Convention (new Article 24) shll e replced y the following: 1 The Convention Committee shll e convened y the Secretry Generl of the Council of Europe. Its first meeting shll e held within twelve months of the entry into force of this Convention. It shll susequently meet t lest once yer, nd in ny cse when onethird of the representtives of the Prties request its convoction. 2 After ech of its meetings, the Convention Committee shll sumit to the Committee of Ministers of the Council of Europe report on its work nd on the functioning of this Convention. 3 The voting rrngements in the Convention Committee re lid down in the elements for the rules of procedure ppended to Protocol CETS No. 223. 4 The Convention Committee shll drw up the other elements of its rules of procedure nd estlish, in prticulr, the procedures for evlution nd review referred to in Article 4, prgrph 3, nd Article 23, littere e, f nd h on the sis of ojective criteri. Article 31 1 Prgrphs 1 to 4 of Article 21 of the Convention (new Article 25) shll e replced y the following: 1 Amendments to this Convention my e proposed y Prty, the Committee of Ministers of the Council of Europe or the Convention Committee. 2 Any proposl for mendment shll e communicted y the Secretry Generl of the Council of Europe to the Prties to this Convention, to the other memer Sttes of the Council of Europe, to the Europen Union nd to every non-memer Stte or interntionl orgnistion which hs een invited to ccede to this Convention in ccordnce with the provisions of Article 28. 3 Moreover, ny mendment proposed y Prty or the Committee of Ministers shll e communicted to the Convention Committee, which shll sumit to the Committee of Ministers its opinion on tht proposed mendment. 4 The Committee of Ministers shll consider the proposed mendment nd ny opinion sumitted y the Convention Committee, nd my pprove the mendment. 14
2 An dditionl prgrph 7 shll e dded fter prgrph 6 of Article 21 of the Convention (new Article 25) s follows: 7 Moreover, the Committee of Ministers my, fter consulting the Convention Committee, unnimously decide tht prticulr mendment shll enter into force t the expirtion of period of three yers from the dte on which it hs een opened to cceptnce, unless Prty notifies the Secretry Generl of the Council of Europe of n ojection to its entry into force. If such n ojection is notified, the mendment shll enter into force on the first dy of the month following the dte on which the Prty to this Convention which hs notified the ojection hs deposited its instrument of cceptnce with the Secretry Generl of the Council of Europe. Article 32 1 Prgrph 1 of Article 22 of the Convention (new Article 26) shll e replced y the following: 1 This Convention shll e open for signture y the memer Sttes of the Council of Europe nd y the Europen Union. It is suject to rtifiction, cceptnce or pprovl. Instruments of rtifiction, cceptnce or pprovl shll e deposited with the Secretry Generl of the Council of Europe. 2 The terms memer Stte in prgrph 3 of Article 22 of the Convention (new Article 26) shll e replced y Prty. Article 33 The title nd the text of Article 23 of the Convention (new Article 27) shll e replced s follows: Article 27 Accession y non-memer Sttes or interntionl orgnistions 1 After the entry into force of this Convention, the Committee of Ministers of the Council of Europe my, fter consulting the Prties to this Convention nd otining their unnimous greement, nd in light of the opinion prepred y the Convention Committee in ccordnce with Article 23.e, invite ny Stte not memer of the Council of Europe or n interntionl orgnistion to ccede to this Convention y decision tken y the mjority provided for in Article 20.d of the Sttute of the Council of Europe nd y the unnimous vote of the representtives of the Contrcting Sttes entitled to sit on the Committee of Ministers. 2 In respect of ny Stte or interntionl orgnistion cceding to this Convention ccording to prgrph 1 ove, the Convention shll enter into force on the first dy of the month following the expirtion of period of three months fter the dte of deposit of the instrument of ccession with the Secretry Generl of the Council of Europe. Article 34 Prgrphs 1 nd 2 of Article 24 of the Convention (new Article 28) shll e replced y the following: 1 Any Stte, the Europen Union or other interntionl orgnistion my, t the time of signture or when depositing its instrument of rtifiction, cceptnce, pprovl or ccession, specify the territory or territories to which this Convention shll pply. 15
2 Any Stte, the Europen Union or other interntionl orgnistion my, t ny lter dte, y declrtion ddressed to the Secretry Generl of the Council of Europe, extend the ppliction of this Convention to ny other territory specified in the declrtion. In respect of such territory the Convention shll enter into force on the first dy of the month following the expirtion of period of three months fter the dte of receipt of such declrtion y the Secretry Generl. Article 35 1 The term Stte in the recitl of Article 27 of the Convention (new Article 31) shll e replced y Prty. 2 References to Articles 22, 23 nd 24 in litter c shll e replced y references to Articles 26, 27 nd 28. Article 36 Signture, rtifiction nd ccession 1 This Protocol shll e open for signture y Contrcting Sttes to the Convention. It shll e suject to rtifiction, cceptnce or pprovl. Instruments of rtifiction, cceptnce or pprovl shll e deposited with the Secretry Generl of the Council of Europe. 2 After the opening for signture of this Protocol nd efore its entry into force, ny other Stte shll express its consent to e ound y this Protocol y ccession. It my not ecome Prty to the Convention without cceding simultneously to this Protocol. Article 37 Entry into force 1 This Protocol shll enter into force on the first dy of the month following the expirtion of period of three months fter the dte on which ll Prties to the Convention hve expressed their consent to e ound y the Protocol, in ccordnce with the provisions of prgrph 1 of Article 36. 2 In the event this Protocol hs not entered into force in ccordnce with prgrph 1, following the expiry of period of five yers fter the dte on which it hs een opened for signture, the Protocol shll enter into force in respect of those Sttes which hve expressed their consent to e ound y it in ccordnce with prgrph 1, provided tht the Protocol hs t lest thirty-eight Prties. As etween the Prties to the Protocol, ll provisions of the mended Convention shll hve effect immeditely upon entry into force. 3 Pending the entry into force of this Protocol nd without prejudice to the provisions regrding the entry into force nd the ccession y non-memer Sttes or interntionl orgnistions, Prty to the Convention my, t the time of signture of this Protocol or t ny lter moment, declre tht it will pply the provisions of this Protocol on provisionl sis. In such cses, the provisions of this Protocol shll pply only with respect to the other Prties to the Convention which hve mde declrtion to the sme effect. Such declrtion shll tke effect on the first dy of the third month following the dte of its receipt y the Secretry Generl of the Council of Europe. 4 From the dte of entry into force of this Protocol, the Additionl Protocol to the Convention for the Protection of Individuls with regrd to Automtic Processing of Personl Dt, regrding supervisory uthorities nd trnsorder dt flows (ETS No. 181) shll e repeled. 5 From the dte of the entry into force of this Protocol, the mendments to the Convention for the Protection of Individuls with regrd to Automtic Processing of Personl Dt, pproved y the Committee of Ministers, in Strsourg, on 15 June 1999, hve lost their purpose. 16
Article 38 Declrtions relted to the Convention From the dte of entry into force of this Protocol, with respect to Prty hving entered one or more declrtions in pursunce of Article 3 of the Convention, such declrtion(s) will lpse. Article 39 Reservtions No reservtion my e mde to the provisions of this Protocol. Article 40 Notifictions The Secretry Generl of the Council of Europe shll notify the memer Sttes of the Council of Europe nd ny other Prty to the Convention of: ny signture; the deposit of ny instrument of rtifiction, cceptnce, pprovl or ccession; c the dte of entry into force of this Protocol in ccordnce with Article 37; d ny other ct, notifiction or communiction relting to this Protocol. In witness whereof the undersigned, eing duly uthorised thereto, hve signed this Protocol. Done t [ ], this [..th] dy of.[2018], in English nd in French, oth texts eing eqully uthentic, in single copy which shll e deposited in the rchives of the Council of Europe. The Secretry Generl of the Council of Europe shll trnsmit certified copies to ech memer Stte of the Council of Europe, to other Prties to the Convention nd ny Stte invited to ccede to the Convention. 17
Appendix to the Protocol: Elements for the rules of procedure of the Convention Committee 1 Ech Prty hs right to vote nd shll hve one vote. 2 A two-thirds mjority of representtives of the Prties shll constitute quorum for the meetings of the Convention Committee. In cse the mending Protocol to the Convention enters into force in ccordnce with its Article 37 (2) efore its entry into force in respect of ll Contrcting Sttes to the Convention, the quorum for the meetings of the Convention Committee shll e no less thn 34 Prties to the Protocol. 3 The decisions under Article 23 shll e tken y four-fifths mjority. The decisions pursunt to Article 23, litter h, shll e tken y four-fifths mjority, including mjority of the votes of Sttes Prties not memers of regionl integrtion orgnistion tht is Prty to the Convention. 4 Where the Convention Committee tkes decisions pursunt to Article 23, litter h, the Prty concerned y the review shll not vote. Whenever such decision concerns mtter flling within the competence of regionl integrtion orgnistion, neither the orgnistion nor its memer Sttes shll vote. 5 Decisions concerning procedurl issues shll e tken y simple mjority. 6 Regionl integrtion orgnistions, in mtters within their competence, my exercise their right to vote in the Convention Committee, with numer of votes equl to the numer of their memer Sttes tht re Prties to the Convention. Such n orgnistion shll not exercise its right to vote if ny of its memer Sttes exercises its right. 7 In cse of vote, ll Prties must e informed of the suject nd time for the vote, s well s whether the vote will e exercised y the Prties individully or y regionl integrtion orgnistion on ehlf of its memer Sttes. 8 The Convention Committee my further mend its rules of procedure y two-thirds mjority, except for the voting rrngements which my only e mended y unnimous vote of the Prties nd to which Article 25 of the Convention pplies. 18