Ministers' Deputies / Rapporteur Groups

GR-J
Rapporteur Group on Legal Co-operation

GR-J(2013)3      10 December 20121



Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108) –

Request by the Kingdom of Morocco to be invited to accede

For consideration by the GR-J at its meeting of 17 January 2013



1. By letter dated 2 July 2012, registered at the Secretariat General on 23 July 2012, Mr Saad Dine El Otmani, Minister of Foreign Affairs and Co-operation of the Kingdom of Morocco, expressed to the Secretary General the interest of his Government to be invited to become a Party to the several Council of Europe conventions (see Appendix 1).

2. In line with the constant practice of the Council of Europe, the Secretariat proceeded to an informal consultation of the member States, asking them to communicate to the Secretariat whether their authorities would object to the invitation for the Kingdom of Morocco to accede to these conventions if its request was formally submitted to the Committee of Ministers. The deadline for replying was 15 October 2012. No objection was communicated to the Secretariat.

3. However, as regards the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108), the Consultative Committee of the Convention delivered, on 18 October 2012, an opinion on the request by the Kingdom of Morocco to accede to this Convention, which was transmitted on 23 October 2012 to the delegations of the member States. Therefore, the period of consultation on the request by the Kingdom of Morocco to accede to this Convention was extended until 30 November 2012. No objection was communicated to the Secretariat.

4. It is recalled that the request of the Kingdom of Morocco to be invited to accede to the following conventions has been examined by the Rapporteur Group on Legal Co-operation at its meeting of 20 November 2012: European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches (ETS No. 120), Anti-Doping Convention (ETS No. 135), European Convention on the Exercise of Children's Rights (ETS No. 160), Convention on Cybercrime (ETS No. 185), Additional Protocol to the Convention on Cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (ETS No. 189), Convention on Contact concerning Children (ETS No. 192), Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No. 198), and Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201). The Committee of Ministers adopted the relevant decisions regarding these conventions on 28 November 2012 (1156th meeting of the Ministers’ Deputies).

5. The provisions of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108) can be summarised as follows.

a. Summary of the Convention

6. The Convention was opened for signature by the member states of the Council of Europe, in Strasbourg, on 28 January 1981. It entered into force on 1 October 1985. The chart of signatures and ratifications is contained in Appendix 2.

7. The Convention is intended to protect the individual with regard to automatic processing of personal data and seeks to regulate the transfrontier flow of personal data. Pursuant to this Convention, the Parties take the necessary measures, in their domestic law, to implement the principles laid down in it with regard to the personal data of everyone in their territory. These principles concern in particular fair and lawful collection and automatic processing of data, storage for specified legitimate purposes and not for use for ends incompatible with these purposes, nor kept for longer than is necessary. They concern also the quality of the data, in particular that they must be adequate, relevant and not excessive (proportionality); their accuracy; the confidentiality of sensitive data; information of the data subject; and his/her right of access and rectification. The Convention also provides for free flow of personal data between States Parties to the Convention, while providing for the possibility to derogate to this free flow of personal data if it was to lead to an erosion of the level of protection. Lastly, the Convention establishes a Consultative Committee (T-PD) consisting of representatives of Parties to the Convention.

8. The Convention has been supplemented by an Additional Protocol (ETS No. 181), which was opened for signature on 8 November 2001 and entered into force on 1 July 2004. States having acceded to the Convention are entitled to accede to the Protocol thereto. The Protocol provides for supervisory authorities to be responsible in the States Parties for ensuring compliance with the principles enshrined in the Convention and its Protocol. The Protocol furthermore regulates flows of data to a recipient which is not subject to the jurisdiction of a Party to the Convention. In addition, on 15 June 1999, the Committee of Ministers adopted amendments to the Convention allowing the European Union to accede to the Convention. To enter into force, these amendments must be accepted by all the States Parties to the Convention.

b. Procedure for accession

9. Paragraph 1 of Article 23 of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data stipulates as follows:

    “After the entry into force of this convention, the Committee of Ministers of the Council of Europe may invite any state not a member of the Council of Europe to accede to this convention by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee.”

10. Given the above, and in the case of an agreement within the Group to invite the Kingdom of Morocco to accede to this Convention, the GR-J could forward the relevant decision for adoption to the Deputies.

Appendix 1

TRANSLATION

Kingdom of Morocco

MINISTRY OF FOREIGN AFFAIRS

AND CO-OPERATION

The Minister

2 July 2012

Dear Secretary General,

In accordance with the Advanced Status granted to the Kingdom of Morocco in October 2008, as part of its relations with the European Union, the Council of Europe invites the Kingdom of Morocco to accede gradually to Conventions of the Council of Europe open to non-members States.

During my recent visit to the Council of Europe in Strasbourg, I had the pleasure to exchange views with members of the Council and to recall the commitment of the Kingdom of Morocco to widening and deepening its relations with the Council through a structured and constructive dialogue, but also through the gradual accession to the various conventions of the Council of Europe open to non-members States.

Thus, the Kingdom of Morocco has already joined in the past several Conventions and Partial and Enlarged Agreements adopted by the Council of Europe. In this context, the Kingdom of Morocco officially expresses its wish to accede, in a first step, to the following Conventions:

1. The Convention on Cybercrime, Budapest, 23 November 2001, and its Additional Protocol, Strasbourg 28 January 2003.

2. The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, Lanzarote, 25 October 2007.

3. The Convention on Contact concerning Children, Strasbourg, 15 May 2003.

4. The European Convention on the Exercise of Children's Rights, Strasbourg, 25 January 1996.

5. The Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Strasbourg, 28 January 1981.

Mr Thorbjørn Jagland

Secretary General

Council of Europe

Strasbourg

6. The European Convention on Spectator Violence and Misbehaviour at Sports Events and in particular at Football Matches, Strasbourg, 19 August 1985.

7. The Anti-Doping Convention, Strasbourg, 16 November 1989.

8. The Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, Warsaw, 16 May 2005.

I would be grateful if you could make the necessary arrangements in this regard.

Yours faithfully,

                The Minister of Foreign Affairs

                and Co-operation

                (signed) Dr SAAD DINE EL OTMANI

Appendix 2

Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data
CETS No.: 108

Treaty open for signature by the member States and for accession by non-member States

Opening for signature

Entry into force

Place: Strasbourg
Date : 28/1/1981

Conditions: 5 Ratifications.
Date : 1/10/1985

Status as of: 5/12/2012

Member States of the Council of Europe

States

Signature

Ratification

Entry into force

Notes

R.

D.

A.

T.

C.

O.

Albania

9/6/2004

14/2/2005

1/6/2005

44

 

X

X

     

Andorra

31/5/2007

6/5/2008

1/9/2008

   

X

X

     

Armenia

8/4/2011

9/5/2012

1/9/2012

44

 

X

     

X

Austria

28/1/1981

30/3/1988

1/7/1988

44

 

X

X

     

Azerbaijan

3/5/2010

3/5/2010

1/9/2010

             

Belgium

7/5/1982

28/5/1993

1/9/1993

44

 

X

X

     

Bosnia and Herzegovina

2/3/2004

31/3/2006

1/7/2006

     

X

X

   

Bulgaria

2/6/1998

18/9/2002

1/1/2003

             

Croatia

5/6/2003

21/6/2005

1/10/2005

44

 

X

X

     

Cyprus

25/7/1986

21/2/2002

1/6/2002

44

   

X

     

Czech Republic

8/9/2000

9/7/2001

1/11/2001

44

   

X

     

Denmark

28/1/1981

23/10/1989

1/2/1990

44

   

X

X

   

Estonia

24/1/2000

14/11/2001

1/3/2002

44

 

X

X

     

Finland

10/4/1991

2/12/1991

1/4/1992

44

   

X

     

France

28/1/1981

24/3/1983

1/10/1985

44

 

X

X

     

Georgia

21/11/2001

14/12/2005

1/4/2006

44

           

Germany

28/1/1981

19/6/1985

1/10/1985

44

 

X

X

X

   

Greece

17/2/1983

11/8/1995

1/12/1995

44

           

Hungary

13/5/1993

8/10/1997

1/2/1998

44

 

X

X

     

Iceland

27/9/1982

25/3/1991

1/7/1991

44

   

X

     

Ireland

18/12/1986

25/4/1990

1/8/1990

44

 

X

X

     

Italy

2/2/1983

29/3/1997

1/7/1997

44

 

X

X

     

Latvia

31/10/2000

30/5/2001

1/9/2001

44

 

X

X

     

Liechtenstein

2/3/2004

11/5/2004

1/9/2004

44

 

X

X

     

Lithuania

11/2/2000

1/6/2001

1/10/2001

44

   

X

     

Luxembourg

28/1/1981

10/2/1988

1/6/1988

44

 

X

X

     

Malta

15/1/2003

28/2/2003

1/6/2003

             

Moldova

4/5/1998

28/2/2008

1/6/2008

   

X

X

     

Monaco

1/10/2008

24/12/2008

1/4/2009

44

   

X

     

Montenegro

6/9/2005

6/9/2005

6/6/2006

56

           

Netherlands

21/1/1988

24/8/1993

1/12/1993

44

 

X

X

X

   

Norway

13/3/1981

20/2/1984

1/10/1985

44

 

X

X

X

   

Poland

21/4/1999

23/5/2002

1/9/2002

44

           

Portugal

14/5/1981

2/9/1993

1/1/1994

44

   

X

     

Romania

18/3/1997

27/2/2002

1/6/2002

   

X

X

     

Russia

7/11/2001

                 

San Marino

                   

Serbia

6/9/2005

6/9/2005

1/1/2006

44

 

X

X

     

Slovakia

14/4/2000

13/9/2000

1/1/2001

44

   

X

     

Slovenia

23/11/1993

27/5/1994

1/9/1994

     

X

     

Spain

28/1/1982

31/1/1984

1/10/1985

   

X

X

     

Sweden

28/1/1981

29/9/1982

1/10/1985

44

   

X

     

Switzerland

2/10/1997

2/10/1997

1/2/1998

44

 

X

X

     

The former Yugoslav Republic of Macedonia

24/3/2006

24/3/2006

1/7/2006

   

X

X

     

Turkey

28/1/1981

                 

Ukraine

29/8/2005

30/9/2010

1/1/2011

   

X

       

United Kingdom

14/5/1981

26/8/1987

1/12/1987

44

 

X

X

X

   

Non-member States of the Council of Europe

States

Signature

Ratification

Entry into force

Notes

R.

D.

A.

T.

C.

O.

Uruguay

                   

Total number of signatures not followed by ratifications:

2

Total number of ratifications/accessions:

44

Notes:
(44) Party having accepted the amendments allowing the European Union to accede to this Convention (See Declarations).
(56) Dates of signature and ratification by the state union of Serbia and Montenegro.
a: Accession - s: Signature without reservation as to ratification - su: Succession - r: Signature "ad referendum".
R.: Reservations - D.: Declarations - A.: Authorities - T.: Territorial Application - C.: Communication - O.: Objection.

Source : Treaty Office on http://conventions.coe.int

1 This document has been classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.



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