3.1.2 Data Breaches
According to Principle No. 8 of the UN Guidelines, the law of every member state
shall designate an impartial authority which is responsible for supervising observance of the minimum guarantees. In case of violation of the provisions
implemented in national law, penalties shall be imposed.
3.2 Entities
The UN Guidelines address all member states and shall serve as orientation for
national legislations.
4 Data Protection and Digital Forensics
4.1 Exceptions, Restrictions and Specific Rules
for the Purpose of the Investigation, Detection
and Prosecution of Crimes
According to section B. of the UN Guidelines for the Regulation of Computerized
Personal Data Files, they should apply to personal data files kept by governmental
international organizations. In addition, these organizations are asked to designate
the authority statutorily competent to supervise the observance of these guidelines,
Sentence 2 section B.
According to article 11 of the CoE Privacy Framework,
no exception to the provisions set out in this Chapter [Chapter II: Articles 4-13] shall be
allowed except to the provisions of Article 5 paragraph 4 [data quality], Article 7 paragraph
2 [data security], Article 8 paragraph 1 [transparency of processing] and Article 9 [Rights of
the data subject], when such an exception is provided by law, respects the essence of the
fundamental rights and freedoms and constitutes a necessary and proportionate measure in a
democratic society for:
a. the protection of national security, defense, public safety, [. . .], the impartiality and
independence of the judiciary or the prevention, investigation and prosecution of criminal
offences and the execution of criminal penalties, (. . .); (. . .)
3. In addition to the exceptions allowed for in paragraph 1 (. . .), with reference to processing
activities for national security and defense purposes, each Party may provide, by law and
only to the extent that it constitutes a necessary and proportionate measure in a democratic
society to fulfill such aim, exceptions to Article 4 paragraph 3 [evaluation process], Article
14 paragraph 5 and 6, and Article 15, paragraph 2, litterae a, b, c and d.
This is without prejudice to the requirement that processing activities for national security
and defense purposes are subject to independent and effective review and supervision under
the domestic legislation of the respective Party.
536
T. Hoeren
According to Principle No. 8 of the UN Guidelines, the law of every member state
shall designate an impartial authority which is responsible for supervising observance of the minimum guarantees. In case of violation of the provisions
implemented in national law, penalties shall be imposed.
3.2 Entities
The UN Guidelines address all member states and shall serve as orientation for
national legislations.
4 Data Protection and Digital Forensics
4.1 Exceptions, Restrictions and Specific Rules
for the Purpose of the Investigation, Detection
and Prosecution of Crimes
According to section B. of the UN Guidelines for the Regulation of Computerized
Personal Data Files, they should apply to personal data files kept by governmental
international organizations. In addition, these organizations are asked to designate
the authority statutorily competent to supervise the observance of these guidelines,
Sentence 2 section B.
According to article 11 of the CoE Privacy Framework,
no exception to the provisions set out in this Chapter [Chapter II: Articles 4-13] shall be
allowed except to the provisions of Article 5 paragraph 4 [data quality], Article 7 paragraph
2 [data security], Article 8 paragraph 1 [transparency of processing] and Article 9 [Rights of
the data subject], when such an exception is provided by law, respects the essence of the
fundamental rights and freedoms and constitutes a necessary and proportionate measure in a
democratic society for:
a. the protection of national security, defense, public safety, [. . .], the impartiality and
independence of the judiciary or the prevention, investigation and prosecution of criminal
offences and the execution of criminal penalties, (. . .); (. . .)
3. In addition to the exceptions allowed for in paragraph 1 (. . .), with reference to processing
activities for national security and defense purposes, each Party may provide, by law and
only to the extent that it constitutes a necessary and proportionate measure in a democratic
society to fulfill such aim, exceptions to Article 4 paragraph 3 [evaluation process], Article
14 paragraph 5 and 6, and Article 15, paragraph 2, litterae a, b, c and d.
This is without prejudice to the requirement that processing activities for national security
and defense purposes are subject to independent and effective review and supervision under
the domestic legislation of the respective Party.
536
T. Hoeren