How to ensure that countries that commit to Convention 108+ comply with its provisions? Why do we need a follow-up and evaluation mechanism, and which one?

programme

1 July (Wednesday)

3pm-4pm      Follow-up and Evaluation Mechanism
  • Elizabeth DENHAM, Information Commissioner - United-Kingdom (Recorded message)
  • Cécile DE TERWANGNE, Professor of Law and Research Director - CRIDS, UNamur, Council of Europe expert
  • Graham GREENLEAF, Professor of Law & Information Systems, UNSW - Australia 
  • Jörg POLAKIEWICZ, Legal Adviser, Council of Europe

See full programme on the main page

Visit the dedicated webpage on Data Protection Views from Strasbourg in Visio (1-3 July) and see other themes:
Session 1: How to ensure that countries that commit to Convention 108+ comply with its provisions? Why do we need a follow-up and evaluation mechanism, and which one?
Session 2: How do we address the latest challenges posed by profiling in an AI era?
Session 3: What does the right to data protection imply in an educational setting? What schools have to do, and what they should stop doing?
Session 4: Are digital identity programmes being implemented with privacy by design?
Session 5: Mirror of our souls: learning Cicero’s lessons and addressing facial recognition risks
Session 6: Political campaigns and elections: why is data protection so crucial?
speakers' presentations

Convention 108+ evaluation and follow-up mechanisms, Prof. Cécile DE TERWANGNE 

NGO Observers & Convention 108+, Graham Greenleaf Professor of Law & Information Systems, UNSW, and Australian Privacy Foundation

 

Summary

A strong message by UK Data Protection Commissioner, Elisabeth Denham emphasizes the importance and the role of the modernised Convention 108 for regulators, as a “bridge” between national legislations, as well as its international dimension that further shapes the protection of people’s personal data and enhance a safe data flow across the world.

An even greater impact is expected to result from the new monitoring and follow up mechanism to be developed by the Committee of Convention 108, which will be instrumental to boost trust among Parties. This mechanism will ensure that an evaluation of the level of data protection a Party to Convention 108+ can guarantee will be carried out by the Committee based on independent experts’ report not only upon accession, but also periodically after. The panel examines whether the participation of NGOs in these mechanisms should be reconsidered, as they could contribute to national law reforms, to a more effective implementation of the Convention, and act as whistle-blowers when necessary. New trends emerge, whereby standard setting is being fed by monitoring and following up activities; in this respect, discussions underlined that the modernised Convention 108 has one of the strictest regimes among Council of Europe’s conventions. The Committee of Convention 108 will thus carry great potential in shaping the interpretation of the Convention and ensuring its consistent implementation across Parties. This should in turn enhance trust amongst them.

The Q&A session following the presentations cover: the balance between regulation and implementation; Convention 108+ Committee and Council of Europe’s tools and sanctions in case of non-compliance; synergies between EU instruments; adequacy findings; and the prospect of USA and China becoming Parties.