Renewing Convention 108: The CoE's 'GDPR Lite' Initiatives

(2016) 142 Privacy Laws & Business International Report,14-17

UNSW Law Research Paper No. 17-3

9 Pages Posted: 4 Jan 2017 Last revised: 21 Jan 2017

See all articles by Graham Greenleaf

Graham Greenleaf

University of New South Wales, Faculty of Law

Date Written: August 3, 2016

Abstract

In June 2016 the Council of Europe held two significant back-to-back conferences to further develop data protection Convention 108: the CAHDATA Conference (15-16 June) of state Parties to finalise the 'Modernisation' of the Convention; and the 'Globalisation' Conference (17 June) to encourage the expansion of the Convention’s membership outside Europe. This article explains their significance, and how both initiatives inter-connect with the EU's finalisation of its General Data Protection Regulation (GDPR).

By comparing the changes in the GDPR (from the Directive) with the changes in the 'Modernised' Convention (from the existing 108), I conclude that the modernised Convention will have considerably stronger requirements than the existing Convention, but these will still be far more general and modest than the GDPR's requirements. Convention 108 will be 'GDPR Lite'. As such, accession to it is likely to be attractive to countries outside Europe, for a variety of reasons.

The progress in 'Globalisation' of Convention 108 is then outlined. and arguments presented as to why the potential for greater 'globalisation' is clear. However, a need to improve transparency in the accession processes is also identified.

Keywords: data protection, data privacy, Council of Europe, Convention 108, EU, General Data Protection Regulation, GDPR, CAHDATA

Suggested Citation

Greenleaf, Graham, Renewing Convention 108: The CoE's 'GDPR Lite' Initiatives (August 3, 2016). (2016) 142 Privacy Laws & Business International Report,14-17; UNSW Law Research Paper No. 17-3. Available at SSRN: https://ssrn.com/abstract=2892947

Graham Greenleaf (Contact Author)

University of New South Wales, Faculty of Law ( email )

Sydney, New South Wales 2052
Australia
+61 2 9385 2233 (Phone)
+61 2 9385 1175 (Fax)

HOME PAGE: http://www2.austlii.edu.au/~graham

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