Friday 28 January 2022, 10:00 – 13:00

For 40 years, the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data - Convention 108 - has been the only international, multilateral legally binding instrument on the protection of privacy and personal data.

Its modernised version, “Convention 108+”, makes it the landmark instrument for facilitating data flows and respecting human dignity in the digital age. It is a unique, global tool for regulatory harmonisation and convergence that restores human beings’ position as subjects of algorithmic deduction, control or surveillance and not as mere objects. It sets the commonly acceptable level of protection for individuals in an ever-expanding digital era in order to safeguard their dignity and privacy, while fully enjoying the right to informational self-determination.

Furthermore, acceding to Convention 108+ is an opportunity for countries worldwide to ensure international recognition for their level of data protection. It also enables individuals under their jurisdiction to fully exercise their rights to the protection of private life and personal data.

On the occasion of the celebration of the 16th Data protection Day, the Italian Presidency of the Committee of Ministers invited Council of Europe Minister’s Deputies to exchange on the state of play of Convention 108+ and its advantages and challenges, around three key aspects of Convention 108+:

  • Convention 108+, as guarantor of human beings’ position as subject and not mere objects of algorithmic deduction, control or surveillance (the general principles and rules of data protection are fully compatible and reconcilable with other fundamental rights and relevant public interests)
  • Convention 108+ as a viable tool to facilitate international data transfers while guaranteeing an appropriate level of protection for individuals globally
  • Convention 108+ as a bridge between legal regimes and continents

Discussions followed presentations made by a panel gathering Ms Fiorella Salazar, Minister for Justice, Costa Rica; Ms Drudeisha Madhub, Data Protection Commissioner, T-PD member in respect of the Republic of Mauritius; Ms Elsa Mein, Convention 108 Committee member in respect of Germany and Mr Ralf Sauer, Deputy Head, DG Justice and Consumer International Data Flows and Protection Unit, European Commission.

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Welcome by Ambassador Michele Giacomelli, Chair of the Ministers’ Deputies

Opening by:

  • Mr Bjørn Berge, Deputy Secretary General of the Council of Europe
  • Mr Didier Reynders, Commissioner for Justice, European Commission
  • Ms Ana Brian Nougrères, United Nations Special Rapporteur on the right to privacy
  • Ms Alessandra Pierucci, Chair of the Consultative Committee of the Convention for the protection of individuals with regard to the automatic processing of personal data - Committee of Convention 108/T-PD

Presentations by:

  • Ms Fiorella Salazar, Minister for Justice, Costa Rica
  • Ms Drudeisha Madhub, Data Protection Commissioner, T-PD member in respect of the Republic of Mauritius
  • Ms Elsa Mein, T-PD/Convention 108 Committee member in respect of Germany
  • Mr Ralf Sauer, Deputy Head, DG Justice and Consumer International Data Flows and Protection Unit, European Commission

Discussion

  • Themes for discussion:
    • Convention 108+ as the guarantor of keeping human beings’ position as subject and not mere objects of algorithmic deduction, control or surveillance (the general principles and rules of data protection are fully compatible and reconcilable with other fundamental rights and relevant public interests)
    • Convention 108+ as a viable tool to facilitate international data transfers while guaranteeing an appropriate level of protection for individuals globally
    • Convention 108+ as a bridge between legal regimes and continents

Conclusions