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 18/10/2018

United Kingdom

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 26 August 1987, handed to the Secretary General at the time of deposit of the instrument of ratification, on 26 August 1987 - Or. Engl.

The Convention will not be applied to the following categories of automated personal data files :

a. payroll and pensions : personal data held only for calculating employment remuneration or pensions, or paying deductions from same ;

b. accounts and transaction records : personal data held only for keeping accounts or records of transactions ;

c. information publicly available by law : personal data which must be publicly available under an enactment.

[Note by the Secretariat
: The United Kingdom withdraws this declaration in respect of the United Kingdom, but maintains it in respect of Jersey of Jersey, Guernsey and the Isle of Man (date of effect: 27 April 2001.]
Period covered: 01/12/1987 -
Articles concerned : 3

Declaration contained in a letter from the Permanent Representative of the United Kingdom, dated 13 January 1993, registered at the Secretariat General on 21 January 1993 - Or. Engl. - and clarified by a letter from the Permanent Representative of the United Kingdom, dated 13 January 1993, registered at the Secretariat General on 21 January 1993 - Or. Engl.

In accordance with Article 3, paragraph 2, sub-paragraph (a) of the Convention, I declare that the Convention will not be applied to personal data files held only for distributing or supplying or recording the distribution or supply of articles, information or services to the data subjects.

[It was clarified that the following declaration contained in the second paragraph of the letter dated 13 January 1993 (Notification : JJ2897C Tr./108-14, 1 February 1993) applies only to the Isle of Man, and not to the United Kingdom or other Islands.]
Period covered: 21/01/1993 -
Articles concerned : 3

Declaration contained in a letter from the Secretary of State for Foreign and Commonwealth, dated 18 January 2001, registered at the Secretariat General, on 26 January 2001 - Or. Engl.

The United Kingdom makes the following declaration in respect of the United Kingdom only:

“The United Kingdom will apply the Convention to personal data which are not processed automatically but which are held in a relevant filing system. “Relevant filing system” means any set of information relating to individuals to the extent that, although the information is not processed by means of equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible”.

Period covered: 27/04/2001 -
Articles concerned : 3.2

Declaration contained in a letter from the Secretary of State of the Foreign and Commonwealth Office of the United Kingdom, dated 18 January 2001, registered at the Secretary General on 26 January 2001 - Or. Engl.

The Government of the United Kingdom of Great Britain and Northern Ireland formally accepts the amendments to the Convention, allowing the European Communities to accede to the Convention, which were adopted by the Committee of Ministers at its 678th meeting on 15 June 1999.
Articles concerned : 21


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