Recommendation on use of personal data...
01 January 1991
Recommendation on use of personal data...
actdoc
Full title:
Recommendation on use of personal data in the police sector
COUNCIL OF EUROPE
COMMITTEE OF MINISTERS
RECOMMENDATION No. R (87) 15
OF THE COMMITTEE OF MINISTERS TO MEMBER STATES
REGULATING THE USE OF PERSONAL DATA IN THE POLICE SECTOR
(Footnote:1)
(Adopted by the Committee of Ministers on 17 September 1987
at the 410th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article
15.b of the Statute of the Council of Europe,
Considering that the aim of the Council of Europe is to
achieve a greater unity between its members;
Aware of the increasing use of automatically processed
personal data in the police sector and of the possible
benefits obtained through the use of computers and other
technical means in this field :
Taking account also of concern about the possible threat
to the privacy of the individual arising through the misuse of
automated processing methods;
Recognising the need to balance the interests of society
in the prevention and suppression of criminal offences and the
maintenance of public order on the one hand and the interests
of the individual and his right to privacy on the other;
Bearing in mind the provisions of the Convention for the
Protection of Individuals with regard to Automatic Processing
of Personal Data of 28 January 1981 and in particular the
derogations permitted under Article 9;
Aware also of the provisions of Article 8 of the
Convention for the Protection of Human Rights and Fundamental
Freedoms,
Recommends the governments of member states to:
- be guided in their domestic law and practice by the
principles appended to this recommendation, and
- ensure publicity for the provisions appended to this
recommendation and in particular for the rights which its
application confers on individuals.
Appendix to Recommendation No. R (87) 15
Scope and definitions
The principles contained in this recommendation
apply to the collection, storage, use and communication of
personal data for police purposes which are the subject of
automatic processing.
For the purposes of this recommendation, the
expression "personal data" covers any information relating to
an identified or identifiable individual. An individual shall
not be regarded as "identifiable" if identification requires
an unreasonable amount of time, cost and manpower.
The expression "for police purposes" covers all the
tasks which the police authorities must perform for the
prevention and suppression of criminal offences and the
maintenance of public order.
The expression "responsible body" (controller of the
file) denotes the authority, service or any other public body
which is competent according to national law to decide on the
purpose of an automated file, the categories of personal data
which must be stored and the operations which are to be
applied to them.
A member state may extend the principles contained
in this recommendation to personal data not undergoing
automatic processing.
Manual processing of data should not take place if
the aim is to avoid the provisions of this recommendation.
A member state may extend the principles contained
in this recommendation to data relating to groups of persons,
associations, foundations, companies, corporations or any
other body consisting directly or indirectly of individuals,
whether or not such bodies possess legal personality.
The provisions of this recommendation should not be
interpreted as limiting or otherwise affecting the possibility
for a member state to extend, where appropriate, certain of
these principles to the collection, storage and use of
personal data for purposes of state security.
Basic principles
Principle I - Control and notification