Einde inhoudsopgave
Second Additional Protocol to the European Convention on mutual assistance in criminal matters
Article 26 Data protection
Geldend
Geldend vanaf 01-02-2004
- Bronpublicatie:
08-11-2001, Trb. 2002, 30 (uitgifte: 18-02-2002, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-02-2004
- Bronpublicatie inwerkingtreding:
27-08-2008, Trb. 2008, 157 (uitgifte: 01-01-2008, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Europees strafrecht en strafprocesrecht
1.
Personal data transferred from one Party to another as a result of the execution of a request made under the Convention or any of its Protocols, may be used by the Party to which such data have been transferred, only:
- a)
for the purpose of proceedings to which the Convention or any of its Protocols apply;
- b)
for other judicial and administrative proceedings directly related to the proceedings mentioned under (a);
- c)
for preventing an immediate and serious threat to public security.
2.
Such data may however be used for any other purpose if prior consent to that effect is given by either the Party from which the data had been transferred, or the data subject.
3.
Any Party may refuse to transfer personal data obtained as a result of the execution of a request made under the Convention or any of its Protocols where
- —
such data is protected under its national legislation, and
- —
the Party to which the data should be transferred is not bound by the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, done at Strasbourg on 28 January 1981, unless the latter Party undertakes to afford such protection to the data as is required by the former Party.
4.
Any Party that transfers personal data obtained as a result of the execution of a request made under the Convention or any of its Protocols may require the Party to which the data have been transferred to give information on the use made with such data.
5.
Any Party may, by a declaration addressed to the Secretary General of the Council of Europe, require that, within the framework of procedures for which it could have refused or limited the transmission or the use of personal data in accordance with the provisions of the Convention or one of its Protocols, personal data transmitted to another Party not be used by the latter for the purposes of paragraph 1 unless with its previous consent.