Naslov
The Council of Europe and the right to personal data protection: embracing postmodernity

Autori
Gumzej, Nina

Vrsta, podvrsta i kategorija rada
Radovi u zbornicima skupova, cjeloviti rad (in extenso), znanstveni

Izvornik
Conference of the International Journal of Arts & Sciences Proceedings / - , 2013, 13-33

Skup
Mediterranean Conference for Academic Disciplines

Mjesto i datum
Valletta, Malta, 03.03.2013. - 07.03.2013

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
Council of Europe ; Convention 108 ; data protection ; privacy ; modernization

Sažetak
The author examines activities of the Council of Europe in regulating personal data protection, whose Convention for the protection of individuals with regard to automatic processing of personal data (Convention 108) is the first and to date only binding international legal instrument in this area. In particular, the author analyzes more recent activities towards a review of this convention and its Additional Protocol. Underlying reasons for the review as well as initiatives for global privacy and data protection standards are also discussed. Furthermore, the author studies the relationship of relevant developments in data protection at the level of Council of Europe with those at the level of European Union law, which is currently also in review. A separate section of this paper is devoted to an analysis of the draft proposal to revise (modernize) Convention 108 and its Additional Protocol according to text marked as final as of November 29th, 2012. In this analysis references are also made to proposed new rules at EU level and notably the EU Data Protection Regulation, towards a preliminary assessment of proposed solutions in the two frameworks and the level of consistency between them. The overall conclusion of this paper is that according to its draft revised Council of Europe convention incorporates admirable new and reinforced standards and mechanisms to ensure an effective system for safeguarding individuals’ rights and freedoms, and especially their right to privacy, in postmodern data processing conditions, which facilitates data flows in today’s globalized environment. Different approaches to implementation of general convention rules should not undermine required effectiveness of safeguards in practice, as this would undermine the very goals of this modernization and the degree of aspired harmonization internationally.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA