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"КОНВЕНЦИЯ О ЗАЩИТЕ ФИЗИЧЕСКИХ ЛИЦ В ОТНОШЕНИИ АВТОМАТИЗИРОВАННОЙ ОБРАБОТКИ ДАННЫХ ЛИЧНОГО ХАРАКТЕРА" (ETS N 108) [рус., англ.] (Заключена в г. Страсбурге 28.01.1981)





les, except where the regulations of the other Party provide an equivalent protection;
b) when the transfer is made from its territory to the territory of a non-Contracting State through the intermediary of the territory of another Party, in order to avoid such transfers resulting in circumvention of the legislation of the Party referred to at the beginning of this paragraph.

Chapter IV. MUTUAL ASSISTANCE

Article 13

Co-operation between Parties

1. The Parties agree to render each other mutual assistance in order to implement this convention.
2. For that purpose:
a) each Party shall designate one or more authorities, the name and address of each of which it shall communicate to the Secretary General of the Council of Europe;
b) each Party which has designated more than one authority shall specify in its communication referred to in the previous sub-paragraph the competence of each authority.
3. An authority designated by a Party shall at the request of an authority designated by another Party:
a) furnish information on its law and administrative practice in the field of data protection;
b) take, in conformity with its domestic law and for the sole purpose of protection of privacy, all appropriate measures for furnishing factual information relating to specific automatic processing carried out in its territory, with the exception however of the personal data being processed.

Article 14

Assistance to data subjects resident abroad

1. Each Party shall assist any person resident abroad to exercise the rights conferred by its domestic law giving effect to the principles set out in Article 8 of this convention.
2. When such a person resides in the territory of another Party he shall be given the option of submitting his request through the intermediary of the authority designated by that Party.
3. The request for assistance shall contain all the necessary particulars, relating inter alia to:
a) the name, address and any other relevant particulars identifying the person making the request;
b) the automated personal data file to which the request pertains, or its controller;
c) the purpose of the request.

Article 15

Safeguards concerning assistance rendered
by designated authorities

1. An authority designated by a Party which has received information from an authority designated by another Party either accompanying a request for assistance or in reply to its own request for assistance shall not use that information for purposes other than those specified in the request for assistance.
2. Each Party shall see to it that the persons belonging to or acting on behalf of the designated authority shall be bound by appropriate obligations of secrecy or confidentiality with regard to that information.
3. In no case may a designated authority be allowed to make under Article 14, paragraph 2, a request for assistance on behalf of a data subject resident abroad, of its own accord and without the express consent of the person concerned.

Article 16

Refusal of requests for assistance

A designated authority to which a request for assistance is addressed under Articles 13 or 14 of this convention may not refuse to comply with it unless:
a) the request is not compatible with the powers in the field of data protection of the authorities responsible for replying;
b) the request does not comply with the provisions of this convention;
c) compliance with the request would be incompatible with the sovereignty, security or public policy (ordre public) of the Party by which it was designated, or with the rights and f



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