As delivered by Bjørn Berge, Deputy Secretary General of the Council of Europe

President of the Republic of Slovenia,

President of the Garante,

Rector Lippiello,

Ms de Anchorena,

Mr Dufresne,

Mr Romor,

Mr Ziegler,

Dear guests,

Ladies and gentlemen,

What do we mean we when we speak about privacy?

For me it’s about private life and private information.

At the heart of this is a sense that there are aspects of ourselves –

The choices that we make and the lives that we live –

That are ours and ours alone. And that we should be able to share only with those that we choose.

Things that other people, businesses or the state have no right to know.

This goes to the heart of Article 8 of the European Convention on Human Rights –

The right to respect for private and family life –

A right held by you and me – and every individual in the Council of Europe’s 46 member states.

But this is more than just a legal right, essential though that is –

Rather, it is something that belongs to our identity, our dignity – the sense of oneself.

Yes, it’s true, we live in an age of extraordinary technological innovation.

Where it is so easy to give up aspects of our privacy – especially online –

And also to have them taken from us without our consent, or without us noticing that we have given our agreement.

For over forty years now, the Council of Europe’s Data Protection Convention – Convention 108 – has been at the centre of the global effort to protect people’s private information.

It is so far the only international, multilateral and legally binding instrument on the protection of privacy and personal data.

It has 55 Parties and gathers 40 observers from all over the world.

And it provides governments with a robust data protection framework that can easily be adapted for use at the national level.

Among other things, its principles-based approach makes clear that personal data must be obtained and processed fairly and lawfully –

That it must be accurate and kept up to date –

And preserved in a form that permits the identification of an individual for no longer than required.

It also makes clear that data security must be paramount, with special categories of data requiring safeguards –

Racial origin, religious beliefs, and sexual life for example.

It spells out the means by which transborder data flows should take place safely –

And it is clear on how Parties to Convention 108 should co-operate in order to implement it –

So that bridges are built between national, regional and international legislation.

This approach remains as unique, relevant and effective, as 40 years ago.

But evidently, it is no longer enough.

Convention 108 predates the internet, social networks, connected objects, geolocation, big data and the central importance of algorithms in the era of Artificial Intelligence (AI).

The explosion of personal data, and new means by which it can be shared, requires an upgrade in our approach to it.

Our aim remains convergence of legal systems –

To ensure protection for individuals –

While allowing the free flow of data for the benefit of our societies, economies and development.

But to do so in an increasingly complex digital context –

Making clear that the right to privacy must be a reality in technologically advanced democracies.

When extracting from this ever-deeper pool of personal data, national authorities must be able to show that their actions are legitimate, necessary and proportionate –

And that they are only taken on the basis of a pressing social need:

National security, public safety, and crime prevention for example.

That is the purpose of our Convention 108+.

Opened for signature five years ago, it builds on existing principles but also adds new ones –

Including transparency, accountability and privacy by design.

It provides new evaluation and review mechanisms –

And it is designed to ensure individuals’ autonomy and dignity keep pace with the technology that is developing around them.

Those countries that ratify Convention 108+ will no doubt have this higher level of data protection, recognised at the international level.

They will be classified as “safe players” in the “data market” –

Able to exchange specific information based on mutual trust –

And to use it safely and securely for the economic benefit of their societies.

And it will help national authorities use personal data in line with sound ethics.

Such a principle-based culture of privacy is anchored in human rights, democracy and the rule of law.

And that should provide all of us with some peace of mind.

But there is a footnote here, a quite big one! – Convention 108+ is not yet in operation.

For Convention 108+ to come into force,
38 ratifications are required.

Well, we are progressing.

Just a few weeks ago, France became the 22^nd to accede –

And I look forward to Argentina ratifying in the course of today’s event -

Joining, among others, Mauritius and Uruguay because –

Like Convention 108 before it –

This treaty is certainly also open to states outside of Europe.

I hope that the special programme, on the first day of the Privacy Symposium, will be an opportunity for many of you to deepen your understanding of this new treaty –

How your national authorities might go about taking the positive step of becoming Parties to it –

And also what lessons can be learned from those countries which have already finalised the ratification process.

So, I want to take this opportunity to thank you for being here and for your important dedication and interest.

My gratitude goes also to Italy, in particular, for its commitment and leadership.

Its Presidency of the Council of Europe’s Committee of Ministers, hosted last year’s International Conference to mark Data Protection Day and promote the new treaty.

And now the Italian Data Protection Authority, Garante, has chosen to support this special event to further promote international dialogue, co‑operation and knowledge sharing.

Dear friends,

I hope that this initiative – and this conference – will help pave the way to the further convergence of data protection regulations.

After all, data protection is a cross-border challenge. We need to work together.

Convention 108 proved the value of multilateral action in the analogue age.

Now we must meet the challenge in the digital era.

And as the President of the Republic of Slovenia rightly pointed out this morning, we should think!

I wish you all an informative and inspiring conference.

Thank you for your attention.