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 : Objections
Status as of 21/10/2017

Greece

Objection contained in a Note Verbale from the Permanent Representation of Greece, dated 30 May 2017, registered at the Secretariat General on 1 June 2017 - Or. Engl.

The Government of the Hellenic Republic has examined the Declaration made by the Republic of Turkey upon ratification, on 11 July 2016, of the 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, which raises grave concerns both from a political and a legal point of view.

This declaration is politically unacceptable to the extent that a Member State of the United Nations and other regional organisations, such as the European Union and the Council of Europe, is designated as defunct, contrary to the relevant decisions and resolutions of these organisations.

Likewise, this declaration is problematic from the legal point of view in so far as it provides that the signing/ratification by Turkey of the above-mentioned Additional Protocol 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 Protocol. In fact, this statement amounts to a reservation, as it purports to exclude the application of the Protocol in its entirety between Turkey and the Republic of Cyprus. Such a reservation, however, is against the object and purpose of this Protocol.

Furthermore, the above Turkish reservation in so far as it relates to a Protocol of the Council of Europe dealing with the endowment of individuals with rights, is incompatible with the principle of inter-State reciprocity has no place in the context of human rights treaties.

In light of the above, the Government of the Hellenic Republic considers the aforesaid reservation of Turkey impermissible as contrary to the object and purpose of the 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 as well as of the Convention itself.

The Government of the Hellenic Republic, therefore, objects to the declaration made by the Republic of Turkey upon ratification of the said Protocol.

This objection shall not preclude the entry into force of the Protocol between the Hellenic Republic and the Republic of Turkey.
Articles concerned : -


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