Notes No. 99/52... (660/10.1)... European Committee on Legal Co-operation (CDCJ) - a) Abridged report of the 70 th meeting - b) Draft Recommendation ...

Ministers' Deputies

Notes on the Agenda

9 February 1999

Restricted

No. 99/52

Reference documents

- CM(99)16 and Addendum

- CM(99)28

- CM/Dél/Déc(95)528/10.1a

660/10.1

(B level, 23 February 1999)

EUROPEAN COMMITTEE ON LEGAL CO-OPERATION

(CDCJ)

a) Abridged report of the 70th meeting of the CDCJ (Strasbourg, 30 November - 4 December 1998);

b) Draft Recommendation No. R (99) … of the Committee of Ministers to member States on principles concerning the legal protection of incapable adults;

c) Draft Recommendation No. R (99) … of the Committee of Ministers to member States on the protection of privacy on the Internet;

d) Final activity report of the CDCJ - Evaluation of the relevance of Recommendation No. R (87) 15 regulating the use of personal data in the police sector in the light of new developments in this field, prepared by the Project Group on Data Protection (CJ-PD)

 

 

A. Abridged report of the 70th meeting of the CDCJ (Strasbourg, 30 November - 4 December 1998)

 

Action

The Deputies are invited to approve the revised terms of reference of the European Committee on Legal Co-operation (CDCJ) and its subordinate committees as they appear in Appendices III to IX of document CM(99)16 and take note of the abridged report of the CDCJ as a whole.

The European Committee on Legal Co-operation held its 70th meeting in Strasbourg from 30 November to 4 December 1998. The abridged report containing the details of the CDCJ's activities appears in document CM(99)16.

This report also contains the CDCJ's revised terms of reference as well as those of its subordinate committees (Appendices III to IX), which the Deputies are invited to approve.

 

DRAFT DECISIONS

Item 10.1

a.

EUROPEAN COMMITTEE ON LEGAL CO-OPERATION (CDCJ)

Abridged report of the 70th meeting of the CDCJ(Strasbourg, 30 November - 4 December 1998)

(CM(99)16)

Decisions

The Deputies

1. approved the revised terms of reference of the European Committee on Legal Co-operation (CDCJ) and its subordinate committees: the Committee of Experts on the Efficiency of Justice (CJ-EJ), the Project Group on Data Protection (CJ-PD), the Committee of Experts on Family Law (CJ-FA), the Committee of Experts on Information Technology and Law (CJ-IT), the Committee of Experts on Nationality (CJ-NA) and the Project Group on Administrative Law (CJ-DA), as they appear, respectively, in Appendices … to … of this Volume of Decisions <see Appendices III to IX of document CM(99)16>;

2. took note of the abridged report of the European Committee on Legal Co-operation as a whole, as it appears in document CM(99)16, taking into account the decisions under items b. to d.

 

B. Draft Recommendation No. R (99) … of the Committee of Ministers to member States on principles concerning the legal protection of incapable adults

 

Action

The Deputies are invited to consider the draft Recommendation on principles concerning the legal protection of incapable adults with a view to adopting it and to authorise the publication of its explanatory memorandum.

At its 70th meeting, the CDCJ decided to forward to the Deputies for adoption the draft Recommendation on principles concerning the legal protection of incapable adults.

The draft Recommendation appears in document CM(99)16 addendum.

 

DRAFT DECISIONS

Item 10.1

b.

Draft Recommendation No. R (99) … of the Committee of Ministers to member States on principles concerning the legal protection of incapable adults

(CM(99)16 addendum)

Decisions

The Deputies

1. adopted Recommendation No. R (99) … of the Committee of Ministers to member States on principles concerning the legal protection of incapable adults as it appears in Appendix … of this Volume of Decisions <see (CM(99)16 addendum>;

2. authorised the publication of its explanatory memorandum.

 

C. Draft Recommendation No. R (99) .. of the Committee of Ministers to member states on the protection of privacy on the Internet

Action

The Deputies are invited to consider draft Recommendation No. R (99) .. on the protection of privacy on the Internet with a view to its adoption.

At its 70th meeting, the CDCJ decided to submit the draft Recommendation on the protection of privacy on the Internet to the Committee of Ministers, with a view to its adoption.

It should be recalled that the Ministers' Deputies decided, at their 631st meeting on 12 May 1998, to declassify the guidelines contained in this draft Recommendation, with a view to allowing public consultation on the document.

The draft recommendation appears in CM(99)16, in appendix X.

 

DRAFT DECISION

Item 10.1

c.

Draft Recommendation No. R (99) .. of the Committee of Ministers to member states on the protection of privacy on the Internet

(CM(99)16)

Decision

The Deputies adopted Recommendation No. R (99) .. of the Committee of Ministers to member states on the protection of privacy on the Internet, as it appears in the present volume of decisions (see appendix X of CM(99)16).

 

D. Final activity report of the CDCJ - Evaluation of the relevance of Recommendation No. R (87) 15 regulating the use of personal data in the police sector in the light of new developments in this field, prepared by the Project Group on Data Protection (CJ-PD)

 

Action

The Deputies are invited to take note of the conclusions of the Project Group on Data Protection (CJ-PD) on the evaluation of the relevance of Recommendation No. R (87) 15 regulating the use of personal data in the police sector in the light of new developments in this field.

The secretariat recalls that following Parliamentary Assembly Recommendation 1181 (1992) on police co-operation and protection of personal data in the police sector, the Committee of Ministers instructed the Project Group on Data Protection (CJ-PD) to evaluate the relevance of Recommendation No. R (87) 15, with a view to its possible revision. An initial evaluation was carried in 1994.

Subsequently, at its 528th meeting (7-8 February 1995, item 10.1a), the Committee of Ministers instructed the CJ-PD to evaluate this recommendation every four years. The CJ-PD has therefore carried a further evaluation. Its conclusions appear in CM(99)28.

The Group concluded that the recommendation offers adequate protection in this field.

The Group however proposed that the Committee of Ministers modify its initial decision that the aforementioned recommendation should be evaluated every four years to include a periodic assessment of the need for a supplementary legal instrument, having regard to the Recommendation of the Parliamentary Assembly concerning the preparation of a Convention.

The CDCJ decided not to accept this proposal of the CJ-PD for the time being, preferring to give priority to the other activities set out in the draft terms of reference of the CJ-PD (see appendix V of CM(99)16 and the draft decisions under item 10.1a of these Notes; see also paragraph 110 of the CDCJ's long report, CDCJ(99)1 rev.). Consideration might be given to assigning this new responsibility to the CJ-PD in the year 2000.

 

DRAFT DECISIONS

Item 10.1

d.

Final activity report of the CDCJ - Evaluation of the relevance of Recommendation No. R (87) 15 regulating the use of personal data in the police sector in the light of new developments in this field

(CM(99)28; CM(99)16; CM/Del/Dec(95)528/10.1a)

Decisions

The Deputies

1. took note of the conclusions of the Project Group on Data Protection (CJ-PD), as they appear in the final activity report (CM(99)28);

2. noted that the CDCJ had decided for the time being not to accept the CJ-PD's proposal that it be instructed to assess the need for a legal instrument to supplement Recommendation No. R (87) 15, based on the principles identified in the aforementioned final activity report;

3. found that the CJ-PD has carried out the ad hoc terms of reference on this subject issued by the Committee of Ministers.



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