Select Committee on European Union Twelfth Report



Personal data protection

1.  Personal data communicated under this Convention may be used by the Member State to which they have been transferred:

    (a)  for the purpose of proceedings to which this Convention applies;

    (b)  for other judicial and administrative proceedings directly related to proceedings referred to under point (a);

    (c)  for preventing an immediate and serious threat to public security;

    (d)  for any other purpose, only with the prior consent of the communicating Member State unless the Member State concerned has obtained the consent of the data subject.

  2.  This Article shall also apply to personal data not communicated but obtained otherwise under this Convention.

  3.  In the circumstances of the particular case, the communicating Member State may require the Member State to which the personal data have been transferred to give information on the use made of the data.

  4.  Where conditions on the use of personal data have been imposed pursuant to Articles 7(2), 18(5)(b), 18(6) or 20(4), these conditions shall prevail. Where no such conditions have been imposed, this Article shall apply.

  5.  The provisions of Article 13(10) shall take precedence over this Article regarding information obtained under Article 13.

  6.  This Article does not apply to personal data obtained by a Member State under this Convention and originating from that Member State.

  7.  Luxembourg may, when signing the Convention, declare that where personal data are communicated by Luxembourg under this Convention to another Member State, the following applies:

  Luxembourg may, subject to paragraph 1(c), in the circumstances of a particular case require that unless that Member State concerned has obtained the consent of the data subject, the personal data may only be used for the purposes referred to in paragraph 1(a) and (b) with the prior consent of Luxembourg in respect of proceedings for which Luxembourg could have refused or limited the transmission or use of the personal data in accordance with the provisions of this Convention or the instruments referred to in Article 1.

  If, in a particular case, Luxembourg refuses to give its consent to a request from a Member State pursuant to the provisions of paragraph 1, it must give reasons for its decision in writing.

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