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

Nature of declaration : Objections
Status as of 15/08/2018

Greece

Objection contained in a Note Verbale from the Permanent Representation of Greece, dated 26 January 2017, registered at the Secretariat General on 31 January 2017 - Or. Engl.

The Government of the Hellenic Republic has examined the declaration made by the Republic of Turkey upon ratification, on May 2nd 2016, of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data.

The Republic of Turkey inter alia declares that its ratification of the Convention should not imply any obligation on the part of Turkey to enter into any dealing with the Republic of Cyprus within the framework of the said Convention.

The Government of the Hellenic Republic is of the view that the above declaration in fact amounts to a reservation, as it purports to exclude the application of the Convention in its entirety between Turkey and the Republic of Cyprus, and would like to recall that according to Article 25 of the Convention, no reservation may be made in respect of the provisions of this Convention.

Furthermore, the Government of the Hellenic Republic notes that the above reservation made by the Republic of Turkey to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, which concerns the endowment of individuals with rights, is incompatible with the principle that inter-State reciprocity has no place in the context of human rights treaties. Such a reservation also prevents the realisation of inter-State cooperation under the Convention.

The Government of the Hellenic Republic, therefore, considers that the aforesaid reservation of Turkey is impermissible as prohibited by Article 25 of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and as contrary to the object and purpose of this Convention.

For the above reasons, the Government of the Hellenic Republic objects to the declaration made by the Republic of Turkey upon ratification of the said Convention.

This objection shall not preclude the entry into force of the Convention between the Hellenic Republic and the Republic of Turkey.
Period covered: 31/01/2017 -
Articles concerned : -


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