CONVENTION OF THE COUNCIL OF EUROPE

of January 28, 1981 No. 108

About protection of physical persons concerning the automated data processing of personal nature

Preamble

The state members of the Council of Europe which signed this document

considering that the purpose of the Council of Europe consists in achievement of the bigger unity between his members based, in particular, on respect of the principle of the rule of law, and also respect for human rights and fundamental freedoms;

considering desirability of expansion of guarantees of the rights and fundamental freedoms for all, and in particular the rights to respect of private life, taking into account increase in cross-border data flow of personal nature, exposed to the automated processing;

confirming at the same time the commitment to freedom of information despite of borders;

recognizing need of approval of such main values as respect of private life and free flow of information between the people,

agreed as follows:

Chapter I. General provisions

Article 1 Subject and purpose

The purpose of this Convention consists in providing in the territory of each Party for each physical person irrespective of his nationality or residence, respect of its rights and fundamental freedoms, and in particular its right to personal privacy, concerning the automated processing of the data of personal nature concerning it (data protection).

Article 2 of Determination

For the purposes of this Convention:

a) "data of personal nature" mean any information on the physical person (the subject of data) determined or giving in to determination;

b) "the automated file of data" means any data set which is exposed to the automated processing;

c) "the automated processing" includes the following transactions performed fully or partially by means of the automated means: data storage, implementation of logical and/or arithmetic transactions with these data, their change, destruction, search or distribution;

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