CYIL vol. 9 (2018)

EMIL RUFFER CYIL 9 ȍ2018Ȏ “To the extent that video surveillance such as that at issue in the main proceedings covers, even partially, a public space and is accordingly directed outwards from the private setting of the person processing the data in that manner, it cannot be regarded as an activity which is a purely ‘personal or household’ activity for the purposes of the second indent of Article 3(2) of Directive 95/46.” 43 The interpretation given by the CJEU should then be used also for the purposes of interpreting the Convention, thus safeguarding, to the largest possible extent, same level of protection throughout Europe. The CMDecision originally envisaged opening for signature of the Protocol on 25 June 2018. However, due to indications that insufficient number of member States would be in a position to sign on this date, the Committee of Ministers decided during its 1321 st session on 4 July 2018 to postpone the opening for signature for 10 October 2018. With regard to the EU Member States, since parts of the Protocol fall under exclusive EU competence, there must be a decision of the EU Council authorising them to sign. Such decision was adopted during the session of the General Affairs Council in Brussels on 26 June 2018. 44 The Council Decision expressed high hopes that the EU has with regard to the modernised Convention: “Given that the amended Convention 108 would contain safeguards based on the same principles as Regulation (EU) 2016/679 and Directive (EU) 2016/680, its entry into force will contribute to the promotion of Union data protection standards at global level, facilitate data flows between the Union and the non-Union Parties to the Convention, ensure the compliance by Member States with their international obligations under the Convention and enable future accession of the Union to the Convention.” 45 It is indeed important for the EU that as many Member States of the EU as possible, as well as other Council of Europe member States, sign the Protocol at the earliest convenience and proceed swiftly with ratifications, because only after the entry into force of the Protocol the EU will be able to sign and ratify the modernised Convention. 46 Therefore, also the Council Decision encourages the EU Member States “ to sign the amending Protocol in Strasbourg, during the signing ceremony or at the earliest possible time thereafter ”. 47 This is fully in line with the CM Decision, which goes even further in its appeal to all Parties, and thus the Committee of Ministers: 43 C-212/13 Ryneš , para. 33. 44 Council Decision authorising Member States to sign, in the interest of the European Union, the Protocol amending the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, document No. 10130/1/18 REV 1 of 25 June 2018, adopted as one the ‘A’ items without debate (hereinafter as the “Council Decision”). The European Commission’s proposal for the Council Decision is to be found in document No. COM(2018) 449 final of 5 June 2018. 45 Council Decision, para. 6. 46 Art. 26(1) of the Convention will stipulate (emphasis added): „ This Convention shall be open for signature by the member States of the Council of Europe and by the European Union . ” 47 Art. 2 of the Council Decision. V. Signature, ratification / accession and entry into force modalities

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