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Data Protection Convention 108

The text of the Convention, of general nature, technologically neutral, has been supplemented with more detailed soft-law sectoral texts, elaborated with the participation of the interested stakeholders, e.g.

CM/Rec(2020)1 on the human rights impacts of algorithmic systems

CM/Rec(2019)2 on the protection of health-related data

CM/Rec(2010)13 on the protection of individuals with regard to automatic processing of personal data in the context of profiling

Recommendation No.R(87) 15 regulating the use of personal data in the police sector

CONCLUSIONS

International treaties remain the preferred instrument for the approximation of national laws & the establishment of legal frameworks for cooperation

shift from treaty making to monitoring of compliance & cooperation activities

Types of conventions

  • open/closed conventions

“The difference between treaty and the binding ‘political’ effect of a non-treaty agreement is not as great to a politician as is often thought” Hartmut Hilgenberg (German Legal Adviser)

  • human rights (minimum) standard conventions

  • framework conventions

  • cooperation conventions: one treaty in force between all MS replaces 1081 bilateral treaties
  • conventions with a follow-up or monitoring mechanism (independent/governmental experts, reports, country visits)

Group of States against Corruption GRECO

  • established in 1998 as a partial agreement (47 MS & Belarus, Kazakhstan, US; as observers, EU and international organisations)

  • Resolution (97) 24 on the twenty guiding principles for the fight against corruption

  • Criminal Law Convention on Corruption

  • Civil Law Convention on Corruption

  • Recommendation (2000) 10 on codes of conduct for public officials and model code of conduct for public officials

  • Recommendation (2003) 4 on common rules against corruption in the funding of political parties and electoral campaigns

The Council of Europe’s typology of legal instruments

Ad Hoc Committee on Artificial Intelligence – CAHAI ​​

Presentation by Jörg Polakiewicz

Legal Adviser

Strasbourg, 7 July 2020

ECHR

ESC

Convention 108)

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extradition

mutual legal assistance

national minorities

transfrontier cooperation

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