Reservations and Declarations for Treaty No.108 - Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 20/06/2018

Austria

Interpretative declaration contained in the instrument of ratification deposited on 30 March 1988 - Or. Ger./Engl./Fr.

The Republic of Austria takes the assumption that the term "dissemination" covers the terms "communication" and "making available" used in section 3 paragraphs 9 and 10 of the amendment to the Austrian Data Protection Act, Federal Law Gazette No. 370/1986.
Period covered: 01/07/1988 -
Articles concerned : 2

Interpretative declaration contained in the instrument of ratification deposited on 30 March 1988 - Or. Ger./Engl./Fr.

The Republic of Austria takes the assumption that this requirement [Article 5.e] is fully met by the stipulation of the Austrian Data Protection Act concerning the deletion of data upon application by the data subject.
Period covered: 01/07/1988 -
Articles concerned : 5

Interpretative declaration contained in the instrument of ratification deposited on 30 March 1988 - Or. Ger./Engl./Fr.

The Republic of Austria takes the assumption that the contents of the phrase "provided for by the law of the Party" contained in the introductory sentence of Article 9(2) of the Convention conforms to the contents of the phrase "in accordance with the law" contained in Article 8(2) of the European Convention on Human Rights, and that it is therefore in agreement with the Convention if under the Austrian basic right to data protection it is admissible to restrict such basic right only if provided for by the law.
Period covered: 01/07/1988 -
Articles concerned : 9

Interpretative declaration contained in the instrument of ratification deposited on 30 March 1988 - Or. Ger./Engl./Fr.

The Republic of Austria takes the assumption that, in its scope, the restriction in the interest of the "monetary interests of the State" as provided for in Article 9(2)a of the Convention in conjunction with the restriction under paragraph 2(b) corresponds to the restriction in the interest of the "economic well-being of the country" contained in Article 8(2) of the European Convention on Human Rights.
Period covered: 01/07/1988 -
Articles concerned : 9

Declaration contained in the instrument of ratification deposited on 30 March 1988 - Or. Ger./Engl./Fr.

In accordance with Article 3(2)b it is hereby notified that Austria will also apply this Convention to information relating to groups of persons, associations, foundations, companies, corporations or any other bodies consisting directly or indirectly of individuals whether or not such bodies possess legal personality (legal persons or associations of persons within the meaning of section 3(2), Data Protection Act).
Period covered: 01/07/1988 -
Articles concerned : 3

Declaration contained in a letter from the Deputy Permanent Representative of Austria, dated 27 July 1999, registered at the Secretariat General on 26 August 1999 - Or. Fr.

The Government of Austria accepts the amendments proposed by the Consultative Committee to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and approved by the Committee of Ministers at its 675th meeting (15 June 1999, item 10.3) held at the Deputies level.
Articles concerned : 21


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