INTERNATIONAL TREATIES

According to art. 3 of the Law Nr. 17-XVI of 15.02.2007 on the protection of personal data, the legislation of the Republic of Moldova on the processing of personal data consists also of the Convention for the protection of individuals with regard to automatic processing of personal datathe Additional Protocol to the Convention and other international agreements the Republic of Moldova is party of.

The Convention for the protection of individuals with regard to automatic processing of personal data was opened for signature for Member States of the Council of Europe in Strasbourg on 28 January 1981 and entered into force on 01 October 1985.

The Republic of Moldova signed this Convention on 04 May 1998 and ratified it through the Parliament Decision Nr. 483-XIV of 02 July 1999, and it is in force for our country since 01 June 2008.* When depositing the instrument of ratification of the Convention, Declarations were noticed that the Republic of Moldova will not apply the provisions of the Convention to personal data processing which is carried out by individuals exclusively for their personal and family use (provided that the rights of the personal data subjects are not violated), as well as to personal data processing, subject to the legal regime on information which constitutes a State' s secret, but, at the same time, will apply also the Convention to personal data which are not processed automatically. Likewise, the Republic of Moldova designated the National Center for Personal Data Protection as the competent authority for the implementation of the provisions of the Convention and for maintaining relations of mutual assistance with other Parties.
The Convention for the protection of individuals with regard to automatic processing of personal data represents an international instrument that engages responsibility and protects individuals from abuses that may occur during data collection and processing, and also raises the task of regulating the transborder data flows.

This international treaty provides safeguards not only for the collection and processing of personal data, but prohibits, in cases where national law does not provide relevant security measures, processing of special categories of data about a person dealing with racial origin, political opinions, religious and other beliefs as well as personal data concerning health or sex life, criminal conviction, etc.

The Convention offers also the person the right to know that there are data collected about him and, if necessary, the right to correct them.

Limitations of rights outlined in the Convention are possible only when supreme interests are in danger (that is national security, interests of defense, etc.).

The Convention, at the same time, prescribes certain limitations on transborder flows of personal data to those states in which normative and legislative regulations do not ensure an adequate level of protection. 

At present, 40 states have ratified the nominated Convention.

Meanwhile, the Committee of Ministers of the Council of Europe adopted in Strasbourg on 15 June 1999 Amendments to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, allowing the European Communities to accede to it. The nominated Amendments have been accepted by 28 states so far.

The Additional Protocol to the Convention for the protection of individuals with regard to automatic processing of personal data, regarding supervisory authorities and transborder data flows, was opened for signature by the Signatory States of the Convention in Strasbourg, on 08 November 2001, and entered into force on 01 July 2004.

Thus, the text of the Additional Protocol enhances the protection of personal data and privacy by improving the Convention in two areas:
- providing the establishment of national supervisory authorities responsible for ensuring compliance with laws or regulations adopted under the Convention, regarding the protection of personal data and transborder data flows;
- as regards the transborder data flows to third countries, data may be transferred only if the recipient State or organization is able to ensure an adequate level of protection.

Currently, the Additional Protocol has been ratified by 22 states. As for the Republic of Moldova, our state, at the moment, carries out internal procedures both for accepting the Amendments to the Convention for the protection of individuals with regard to automatic processing of personal data, and for signing the Additional Protocol to it.

Speaking about other international agreements, the right to inviolability of private life is enshrined as well in the international and European documents in the field of human rights such as:
- art. 17 of the International Covenant on Civil and Political Rights (Adopted and opened for signature by the General Assembly of the United Nations on 16 December 1966; entered into force on 23 March 1976, according to art. 49, for all provisions, except those of art. 41; on 28 March for the provisions of art. 41; ratified through the Parliament Decision Nr.217-XII of 28.07.90 and in force for the Republic of Moldova from 26 April 1993);
- art. 12 of the Universal Declaration of Human Rights (Adopted and proclaimed in New York on 10 December 1948 by the General Assembly of the United Nations; the Republic of Moldova joined the Declaration through the Parliament Decision Nr.217-XII of 28.07.90);
- art. 8 of the Convention on Human Rights and Fundamental Freedoms (Adopted in Rome on 04 November 1950 by the Member States of the Council of Europe; came into force on 03 September 1953; ratified through the Parliament Decision Nr.1298 XIII-24.07.97 and in force for the Republic of Moldova from 12 September 1997).

* Given the necessity to adopt the national legal basis on personal data protection at the latest at the time of entry into force of this Convention in respect of the Republic of Moldova, the instrument of ratification was deposited on 28 February 2008, following the adoption of the Law Nr. 17-XVI of 15 February 2007 on the protection of personal data.