Similar updates of data protection legal frameworks were also undertaken within the same period by the OECD and the EU, and synchronization with the EU reform enabled to maintain the consistency between both frameworks.
The modernisation of the Convention 108 was felt necessary, on the one hand to better address challenges resulting from the use of new information and communication technologies, and on the other hand to strengthen the implementation of Convention 108.
The modernisation work started with the preparation of a report aimed at identifying areas where Convention 108 would need to be modernised to address new challenges, and a multi-stakeholder consultation was launched by the Secretary General on the occasion of the 5th edition of data protection day and the 30th anniversary of Convention 108 on 28 January 2011. This public consultation allowed interested persons and institutions to send their comments, thoughts and ideas on the modernisation of Convention 108.
The first phase of the work was entrusted to the Committee of Convention 108 and an agreement on the proposals was reached at the 29th Plenary meeting of the Committee on 27-30 November 2012.
Those proposals were subsequently examined in 2013 and 2014 by an intergovernmental committee (ad hoc committee on data protection – CAHDATA) and its work was finalised at a last meeting on 15-16 June 2016.
The last phase of the work was carried out at the level of the Committee of Ministers. The Committee of Ministers and its group of Rapporteurs on legal cooperation (GR-J) reviewed the CAHDATA proposals from 2016 to 2018 and adopted the amending protocol on 18 May 2018.
Set up by the Committee of Ministers under Article 17 of the Statute of the Council of Europe and in accordance with Resolution CM/Res(2011)24 on intergovernmental committees and subordinate bodies, their terms of reference and working methods, the Ad hoc Committee on Data protection (CAHDATA) was responsible with the modernisation of Convention 108 and its Protocol.
4th CAHDATA meeting
- Consolidated version after CAHDATA
- Draft Explanatory Report after CAHDATA
- Working document - Consolidated version of the modernisation proposals of Convention 108 with reserves
- Terms of Reference of CAHDATA 2016
- Working document containing the draft Protocol and highlighting reservations
- Draft Explanatory report
- Abridged report of CAHDATA meeting
3rd CAHDATA meeting
- Abridged Report - CAHDATA(2014)RAP03Abr
- Agenda - CAHDATA_3(2014)OJ
- Draft Explanatory Report - CAHDATA(2014)06 (23 novembre 2014)
- Compilation of comments received (Addendum) - CAHDATA(2014)05_Addendum (28 November 2014)
- Compilation of comments received - CAHDATA(2014)05 (1 December 2014)
- Working document - Convention 108 with Additional Protocol and Modernisation proposals - CAHDATA(2014)3 (18 July 2014)
2nd CAHDATA meeting
- Abridged report
- Terms of reference 2014 of the Ad hoc Committee on Data Protection (20 March 2014)
- Agenda (14 March 2014)
- Working document - Convention 108 with Additional Protocol and Modernisation Proposals (25 March 2014)
- Information elements on the evaluation and follow-up mechanism
- Draft explanatory report of the modernised version of Convention 108 (based on the proposals adopted by the 29th Plenary meeting of the T-PD)
- Working document on Convention 108 - compilation of replies
- Working document on Convention 108 (Addendum) - compilation of replies
- Working document on Convention 108 (Addendum2) - compilation of replies
- Data protection rights of children by Seamus Carroll, Chair of CAHDATA
1st CAHDATA meeting
- Modernisation proposals adopted by the 29th Plenary meeting - T-PD(2012)4Rev4 - (27-30 November 2012)
- Final document on the modernisation of Convention 108 - T-PD(2012)04rev2 - (16 October 2012)
- Final document on the modernisation of Convention 108 - T-PD(2012)04rev - (17 September 2012)
- Final document on the modernisation of Convention 108 - T-PD(2012)04Mos - (15 June 2012)
- Modernisation of Convention 108: new proposals - T-PD-BUR(2012)01Rev2 - (27 April 2012)
- Modernisation of Convention 108: new proposals - T-PD-BUR(2012)01Rev - (5 March 2012)
- Modernisation of Convention 108: new proposals - T-PD-BUR(2012)01 - (18 January 2012)
- Roadmap - T-PD(2012) Roadmap
- Modernisation of Convention 108: compilation of comments received
- Modernisation of Convention 108: proposals
- Consultation concerning the modernisation of Convention 108: results
- Report on the consultation on the modernisation of Convention 108 (drafted by Cecile de Terwangne and Jean-Philippe Moiny)
- Council of Europe response to privacy challenges Modernisation of Convention 108
- Compilation of replies to the consultation for the modernisation of Convention No. 108
- Consultation - Modernisation of Convention No. 108: Give us your opinion
- Thorbjørn Jagland, speaking on the 5th Data Protection Day (Friday 28th January), calls for new global borderlines between privacy and freedom to be fixed
- T-PD(2011) Roadmap
- Speaking Points for the Deputy Secretary General at the opening of the 21st T-PD Bureau Meeting (15-17 November 2010)
- Report on the lacunae of the Convention for the protection of individuals with regard to automatic processing of personal data (ETS No 108) resulting from technological developments (French only) by Jean-Marc Dinant, Cécile de Terwangne, Jean-Marc Moiny, Yves Poullet, Jean-Marc Van Gyzeghem and the CRID
- Report on the Committee of Ministers Recommendation No. R(87) 15 of 17 September 1987 regulating the use of personal data in the police sector by Joseph A. Cannataci
- Study on Recommendation No. R (89) 2 on the protection of personal data used for employment purposes and to suggest proposals for the revision of the above-mentioned Recommendation by Giovanni Buttarelli
- Position paper: Council of Europe response to privacy challenges Modernisation of Convention 108