EU: Data Protection Authorities Initiate Modernisation of Convention 108

On April 27-28, 2017 the European Conference of Data Protection Authorities issued a resolution on the modernisation of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108).

Although the procedure for the modernisation of Convention 108 was intiated in 2011, it has since been delayed. At their spring conference, European data protection authorities outlined that the outstanding issues concern the voting rights of the European Union, national security exceptions, transborder data flows and the question of entry into force of the modernised provisions.

They also highlighted the need for alignment with the EU General Data Protection Regulation (GDPR) and the EU Directive applying data protection rules in the area of law enforcement, both of which will be fully applicable in May 2018.

The data protection authorities expressed strong support for the negotiations taking place at the Council of Europe and encouraged the negotiating parties to renew their efforts to ensure a high level of data protection, enabling the modernised convention to enter into force as soon as possible, by May 2018 at the latest.

Data protection authorities "call upon the governments of Council of Europe Member States and the European Union to reach a political agreement at the 127th Ministerial Session of the Committee of Ministers to be held in Nicosia on 19 May 2017, enabling a rapid finalisation of the modernisation".

The resolution can be found here.