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The Protocol updates Convention 108, the only legally binding global instrument on the right to personal data protection. The Protocol aims to solve the problems posed, particularly with regard to respect for private life, the use of new information and communication technologies, and reinforces the cooperation of the States Parties to the Convention in order to guarantee its implementation. effective implementation. The Council of Europe Treaty Series (CETS) contains the officialversions of all the conventions and agreements adopted within the Council of Europe, numberedin the chronological orderof their opening for signature. The date on the cover of the publication is that of the opening of the treaty for signature. The chart of signatures and ratifications of Council of Europe treaties is available free of charge on the web site of the Council's Treaty Office: http://conventions.coe.int.
The transfer of personal data to the UK raises a multitude of data protection law issues and opens up the view of the key challenges of global data exchange. The study contains an overall view of the regulations on third country transfers under the GDPR and the current state of regulation in the UK. It provides an assessment as to whether and to what extent the UK provides an adequate level of protection within the meaning of the GDPR for personal data transferred from the EU and whether the EU Commission's adequacy decision under the GDPR is compliant with the CJEU’s relevant case law. The examination of the UK’s data protection law as well as the regulations of the Investigatory Power Act and the extensive onward transfer practice to the USA form a main focus of the study. The alternative data transfer mechanisms and bases (Articles 46, 47 and 49 GDPR) are (also) examined with regard to their practicability for companies. The study also looks at relevant emerging developments and the wider context of the third country regimes of the EU’s data protection regime.
“Taming the Algorithm” by Paweł Kuch deals with the EU's latest data protection law that is special in various respects. In contrast to the other norms of the GDPR, the provision on automated individual decisions (Art. 22 GDPR) does not contain any general specifications for the processing of personal data but regulates a specific constellation of such processing. Art. 22 GDPR is based on the assumption that making decisions by machines and algorithms is problematic and must therefore be legally framed and the final decision left to a data subject. With the recent developments in artificial intelligence (AI), numerous fields opened up. The question of the legal understanding of automated individual decisions has thus recently gained importance.
The public administration is above all for us, the protection of our rights and the pursuit of the public good. This handbook will be of interest to all those concerned with the proper functioning of public administration: individuals who apply for public services and action and the public officials who process their applications; lawyers, judges and ombudspersons involved in the review of the public administration’s activities; and policy makers and legislators concerned with public administration reform. It also takes into account the increasing use of artificial intelligence systems and automated decision making by administrative authorities in their dealings with individuals. It sets out and explains the substantive and procedural principles of administrative law concerning relations between individuals and public authorities, with commentary backed up by references to the Council of Europe legal instruments (conventions, recommendations and resolutions) from which each principle is drawn and to the relevant case law of the European Court of Human Rights.
This comprehensive Commentary provides the first fully up-to-date analysis and interpretation of the Council of Europe Convention on Action against Trafficking in Human Beings. It offers a concise yet thorough article-by-article guide to the Convention’s anti-trafficking standards and corresponding human rights obligations.
In continuation of Treaty Series no. 20 (2010), Cm 7952 (ISBN 9780101795227). On cover and title page: Ratifications etc.
The "rags to riches" story of Karol Jakubowicz's involvement in the work of the Council of Europe took him from the role of an awestruck newcomer from Poland in 1990 to that of the Chairman of the Steering Committee on the Media and New Communication Services (2005-06). Along the way, he was elected, delegated by the Steering Committee, and invited by the Council of Europe Secretariat to serve in a number of other capacities. In all of them, he contributed a wide variety of papers, reports and studies to assist the steering committee and other bodies in collecting information and formulating ideas in the general field of freedom of expression, creation of free and democratic media systems (including the issue of public service media), regulation of transfrontier television, the adjustment of Council of Europe human rights standards to the conditions of the information society, and the development of broadcasting legislation in Council of Europe member states.The present collection of these papers and reports is published in the conviction that they retain their value and relevance. It provides the additional benefit of offering a glimpse of the work preceding the formulation of Committee of Ministers recommendations and declarations, as well as resolutions of the Council of Europe Parliamentary Assembly.
This book addresses the legal feasibility of ethnic data collection and positive action for equality and anti-discrimination purposes, and considers how they could be used to promote the Roma minority’s inclusion in Europe. The book’s central aim is to research how a societal problem can be improved upon from a legal perspective. The controversy surrounding ethnic data collection and positive action severely limits their use at the national level. Accordingly, legal and political concerns are analysed and addressed in order to demonstrate that it is possible to collect such data and to implement such measures while fully respecting international and European human rights norms, provided that certain conditions are met. Part I focuses on ethnic data collection and explores the key rules and principles that govern it, the ways in which this equality tool could be used, and how potential obstacles might be overcome. It also identifies and addresses the specific challenges that arise when collecting ethnic data on the Roma minority in Europe. In turn, Part II explores positive action and the broad range of measures covered by the concept, before analysing the applicable international and European framework. It reviews the benefits and challenges of implementing positive action for Roma, identifies best practices, and gives special consideration to inter-cultural mediation in the advancement of Roma inclusion. The book concludes with an overview of the main findings on both topics and by identifying three essential elements that must be in place, in addition to full respect for the applicable legal rules, in order to combat discrimination and achieve the inclusion of Roma in Europe by complementing existing anti-discrimination frameworks with the collection of ethnic data and the implementation of positive action schemes.