2. The
Assembly recommends that the Committee of Ministers:
2.1.
actively seek the signature and ratification of Convention
No. 108 and its Additional Protocol (ETS No. 181) by the
European Union and those member states which have not yet
done so, and call on all Parties to Convention No. 108 which
have not yet done so to accept the amendments enabling the
European Union to accede to this convention;
2.2.
encourage and support, through their member states’
Permanent Representations to the United Nations, the
signature and ratification of Convention No. 108 by
non-member states, in particular those states which are
observers to the Council of Europe or are parties to
enlarged partial agreements or signatories to other Council
of Europe conventions;
2.3.
provide adequate budgetary resources within the secretariat
of the Council of Europe for the further legal development
of Convention No. 108 in line with Resolution No. 3 of the
30th Council of Europe Conference of Ministers of Justice,
and call on member and observer states, as well as the
European Union, to provide voluntary additional funding for
such work;
2.4.
fully support, for that purpose, the work undertaken by the
Consultative Committee of Convention No. 108, to reinforce
the protection of everyone as regards the use and storage of
personal data, to ensure an identical protection for
everyone independently of the place of storage or the
establishment of those responsible for the storage, and to
avoid the risk of dumping in terms of protection;
2.5.
invite the Parties to Convention No. 108 to:
2.5.1.
take account of Assembly
Resolution 1843 (2011) when revising the
convention,
2.5.2.
not lower the established protection of privacy and
personal data:
2.5.3.
establish a mechanism for monitoring compliance of parties
with their obligations under this convention;
2.5.4.
bear in mind Assembly
Resolution 1744 (2010) on extra-institutional actors
in the democratic system when consulting private
stakeholders;
2.6.
promote the signature and ratification of the Convention on
Cybercrime (ETS No. 185) by all member states as well as by
non-member states;
2.7.
promote the signature and ratification of the Convention on
the Protection of Children against Sexual Exploitation and
Sexual Abuse (CETS No. 201) by all member states as well as
by non-member states;
2.8.
ask its relevant instances dealing with bioethics to propose
standards for the ICT-based processing of medical and health
data under the Convention on Human Rights and Biomedicine
(ETS No. 164) and its additional protocols;
2.9.
ask the Secretary General of the Council of Europe to
ensure, through specific internal rules and regulations, the
protection of privacy and personal data of members of
Council of Europe bodies as well as Council of Europe staff,
and to reinforce the position of the Council of Europe's
Commissioner for Data Protection;
2.10.
bring this recommendation and
Resolution 1843 (2011) to the attention of the competent
ministries and data protection authorities in member states.
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