in specific circumstances such as public interest. GATS Article XIV (General
Exceptions) underlines the right of parties to adopt and enforce laws and regulations.
This also applies to the protection of privacy in relation to the processing and
dissemination of personal data. The GATS Annex on Financial Services, section
2 (Domestic Regulation) specifies that parties are under no obligation to reveal
information relating to individuals’ business bank and accounts, or to confidential
and other information in the possession of public entities.
2.2 Previous Consent of the Data Holder
• According to Principle No. 3b) of the UN Guidelines (Principle of PurposeSpecification), the purpose which a file is to serve should be specified. Without
the consent of the data subject, no personal data shall be used or disclosed for
purposes incompatible with this specified purpose.
• Departures from those regulations shall be authorized only if necessary to protect
national security, public order, public health or morality, as well as the rights and
freedoms of others, especially persons being persecuted (humanitarian clause).
Those departures have to be codified expressly in national law or equivalent
regulation.
• Article 5 section 2 of the CoE Privacy Framework demands that “[e]ach Party
shall provide that data processing can be carried out on the basis of the free,
specific, informed and unambiguous consent of the data subject or of some other
legitimate basis laid down by law”.
• APEC Privacy Framework: Consent of the data holder is mentioned in different
locations of the framework.
• “18. The collection of personal information should be limited to information that
is relevant to the purposes of collection and any such information should be
obtained by lawful and fair means, and where appropriate, with notice to, or
consent of, the individual concerned.”
• The related commentary states that “the Principle also recognizes that there are
circumstances where providing notice to, or obtaining consent of, individuals
would be inappropriate”.
• In accordance with the principle in “19.” the consent of the individual can
eliminate the earmarking: “Personal information collected should be used only
to fulfil the purposes of collection and other compatible or related purposes
except:
• with the consent of the individual whose personal information is collected;”
• In principle the individual should exercise choice in relation to the collection, use
and disclosure of his personal information (“20.”). But there are exceptions
provided in the related commentary: “This Principle also recognizes, through
the introductory words ‘where appropriate’, that there are certain situations where
consent may be clearly implied or where it would not be necessary to provide a
mechanism to exercise choice.”
UN Regulations
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Exceptions) underlines the right of parties to adopt and enforce laws and regulations.
This also applies to the protection of privacy in relation to the processing and
dissemination of personal data. The GATS Annex on Financial Services, section
2 (Domestic Regulation) specifies that parties are under no obligation to reveal
information relating to individuals’ business bank and accounts, or to confidential
and other information in the possession of public entities.
2.2 Previous Consent of the Data Holder
• According to Principle No. 3b) of the UN Guidelines (Principle of PurposeSpecification), the purpose which a file is to serve should be specified. Without
the consent of the data subject, no personal data shall be used or disclosed for
purposes incompatible with this specified purpose.
• Departures from those regulations shall be authorized only if necessary to protect
national security, public order, public health or morality, as well as the rights and
freedoms of others, especially persons being persecuted (humanitarian clause).
Those departures have to be codified expressly in national law or equivalent
regulation.
• Article 5 section 2 of the CoE Privacy Framework demands that “[e]ach Party
shall provide that data processing can be carried out on the basis of the free,
specific, informed and unambiguous consent of the data subject or of some other
legitimate basis laid down by law”.
• APEC Privacy Framework: Consent of the data holder is mentioned in different
locations of the framework.
• “18. The collection of personal information should be limited to information that
is relevant to the purposes of collection and any such information should be
obtained by lawful and fair means, and where appropriate, with notice to, or
consent of, the individual concerned.”
• The related commentary states that “the Principle also recognizes that there are
circumstances where providing notice to, or obtaining consent of, individuals
would be inappropriate”.
• In accordance with the principle in “19.” the consent of the individual can
eliminate the earmarking: “Personal information collected should be used only
to fulfil the purposes of collection and other compatible or related purposes
except:
• with the consent of the individual whose personal information is collected;”
• In principle the individual should exercise choice in relation to the collection, use
and disclosure of his personal information (“20.”). But there are exceptions
provided in the related commentary: “This Principle also recognizes, through
the introductory words ‘where appropriate’, that there are certain situations where
consent may be clearly implied or where it would not be necessary to provide a
mechanism to exercise choice.”
UN Regulations
531