Reservations and Declarations for Treaty No.181 - Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, regarding supervisory authorities and transborder data flows

Nature of declaration : Declarations, Denunciations, Derogations
Status as of 19/10/2017

Germany

Declaration contained in a Note verbale from the Permanent Representation of Germany, dated 26 February 2003, confirming the declaration made at the time of signature on 8 November 2001, handed to the Secretary General of the Council of Europe at the time of deposit of the instrument of ratification, on 12 March 2003 - Or. Engl./Germ.

Article 1, paragraph 3, of the Additional Protocol (as well as paragraph 2 of its Preamble) provides that supervisory authorities shall exercise their functions in complete independence.

The Federal Republic of Germany recalls its statement made at the meeting of 6 to 8 June 2000 of the Consultative Committee, set up by virtue of Article 18 of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, that the existing practice for supervising data protection in Germany meets the requirements of Article 1, paragraph 3, of the Additional Protocol because the supervisory authorities responsible for data protection - even where they are incorporated in a hierarchical administrative structure - exercise their functions in complete independence.
Period covered: 01/07/2004 -
Articles concerned : 1


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