On 16 July 2020, the Court of Justice of the European Union, with a decision in the case known as ‘Schrems II’, invalidated the « Privacy Shield » agreement between the EU and the USA on data transfers. Its main ground for that ruling is that the American legislation cannot adequately guarantee the protection of personal data transferred from the EU, notably in respect of access to these data by intelligence services.
For years, an increasing number of voices call for democratic and effective supervision of security and intelligence services worldwide to ensure better protection of the rights and fundamental freedoms of people.
Alessandra Pierucci, Chair of the Committee of Convention 108 and Jean-Philippe Walter, Data Protection Commissioner of the Council of Europe recall the relevance and the influence of the Convention for the protection of individuals with regard to the processing of personal data (Convention 108+). Its principles as well as the strict exception regime it allows, notably in the context of security and intelligence, are strong elements to answer the concerns expressed since Edward Snowden’s revelations. This is even more so due to the universal scope of the Convention. They also think that the unique mandate of the Council of Europe, its experience in respect of Human rights, democracy and the rule of law, as well as its opening beyond the European borders (with some of its landmark instruments such as Convention 108 and the Budapest Convention inter alia), make the Organisation an ideal forum to engage in internationally reaching works on the delicate issue of national security services.
