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Convention ETS No 108
of the Council of Europe for the Protection of Individuals with regard
to Automatic Processing of Personal Data (of 1981) - which was the first
legally binding international instrument with worldwide significance on
data protection - draws inspiration directly from the European
Convention on Human Rights and Fundamental Freedoms, which was opened
for signature in 1950. In particular, Article 8 of this Convention
states that "Everyone has the right to respect for his private and
family life, his home and his correspondence". This right can only be
restricted by a public authority in accordance with domestic law and in
so far as it is necessary, in a democratic society, for the defence of a
number of legitimate aims. But the Convention also lays down, in Article
10, the fundamental right to freedom of expression. This right includes
explicitly the "freedom to receive and impart information and ideas
without interference by public authority and regardless of frontiers".
The "freedom to receive information" set out in Article 10 is considered
as implying the "freedom to seek information". (more)
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