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In order to secure for every individual, whatever his/her nationality or residence, respect for his/her rights and fundamental freedoms, and in particular his/her right to privacy, with regard to automatic processing of personal data relating to him/her, the Council of Europe elaborated the “Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data” which was opened for signature on 28 January 1981. To this day, it still remains the only binding international legal instrument with a potentially worldwide scope of application in this field. This Convention was to date ratified by 31 states and signed by a further 7.
Convention 108 was complemented in 2001 with an Additional Protocol on Supervisory Authorities and Transborder Data Flows (CETS No. 181), drafted in view of the increase in the flow of data across national borders. The Protocol, which was so far ratified by 7 states and signed by a further 21, entered into force on 1 July 2004. Both instruments form part of the European Community acquis in this field.
The implementation of Convention 108 and the other instruments in the field of data protection is monitored by a Consultative Committee set up by Convention 108, which gathers representatives from all State parties, as well as observer States from throughout the world and interested international organisations.
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