PART ONE. GENERAL DEFINITIONS
1. For the purposes of these Guidelines:
a) "data controller" means a party who, according to
domestic law, is competent to decide about the contents and use
of personal data regardless of whether or not such data are collected,
stored, processed or disseminated by that party or by an agent
on its behalf;
b) "personal data" means any information relating to
an identified or identifiable individual (data subject);
c) "transborder flows of personal data" means movements
of personal data across national borders.
Scope of Guidelines
2. These Guidelines apply to personal data, whether in the public
or private sectors, which, because of the manner in which they
are processed, or because of their nature or the context in which
they are used, pose a danger to privacy and individual liberties.
3. These Guidelines should not be interpreted as preventing:
a) the application, to different categories of personal data,
of different protective measures depending upon their nature and
the context in which they are collected, stored, processed or
disseminated;
b) the exclusion from the application of the Guidelines of personal
data which obviously do not contain any risk to privacy and individual
liberties; or
c) the application of the Guidelines only to automatic processing
of personal data.
4. Exceptions to the Principles contained in Parts Two and Three
of these Guidelines, including those relating to national sovereignty,
national security and public policy ("order public"),
should be:
a) as few as possible, and
b) made known to the public.
5. In the particular case of Federal countries the observance
of these Guidelines may be affected by the division of powers
in the Federation.
6. These Guidelines should be regarded as minimum standards which
are capable of being supplemented by additional measures for the
protection of privacy and individual liberties.
PART TWO. BASIC PRINCIPLES OF NATIONAL APPLICATION
Collection Limitation Principle
7. There should be limits to the collection of personal data and
any such data should be obtained by lawful and fair means and,
where appropriate, with the knowledge or consent of the data subject:
Data Quality Principle
8. Personal data should be relevant to the purposes for which
they are to be used, and, to the extent necessary for those purposes,
should be accurate, complete and kept up-to-date.
Purpose Specification Principle
9. The purposes for which personal data are collected should be
specified not later than at the time of data collection and the
subsequent use limited to the fulfilment of those purposes or
such others as are not incompatible with those purposes and as
are specified on each occasion of change of purpose.
Use Limitation Principle
10. Personal data should not be disclosed, made available or otherwise
used for purposes other than those specified in accordance with
Paragraph 9 except:
(a) with the consent of the data subject; or
(b) by the authority of law.
Security Safeguards Principle
11. Personal data should be protected by reasonable security safeguards
against such risks as loss or unauthorised access, destruction,
use, modification or disclosure of data.
Openness Principle
12. There should be a general policy of openness about developments,
practices and policies with respect to personal data. Means should
be readily available of establishing the existence and nature
of personal data, and the main purposes of their use, as well
as the identity and usual residence of the data controller.
Individual Participation Principle
13. An individual should have the right:
(a) to obtain from a data controller, or otherwise, confirmation
of whether or not the data controller has data relating to him;
(b) to have communicated to him, data relating to him
(i) within a reasonable time;
(ii) at a charge, if any, that is not excessive;
(iii) in a reasonable manner; and
(iv) in a form that is readily intelligible to him;
(c) to be given reasons if a request made under subparagraphs
(a) and (b) is denied, and to be able to challenge such denial;
and
(d) to challenge data relating to him and, if the challenge is
successful, to have the data erased, rectified, completed or amended.
Accountability Principle
14. A data controller should be accountable for complying with
measures which give effect to the principles stated above.
PART THREE. BASIC PRINCIPLES OF INTERNATIONAL APPLICATION:
FREE FLOW AND LEGITIMATE RESTRICTIONS
15. Member countries should take into consideration the implications
for other Member countries of domestic processing and re-export
of personal data.
16. Member countries should take all reasonable and appropriate
steps to ensure that transborder flows of personal data, including
transit through a Member country, are uninterrupted and secure.
17. A Member country should refrain from restricting transborder
flows of personal data between itself and another Member country
except where the latter does not yet substantially observe these
Guidelines or where the re-export of such data would circumvent
its domestic privacy legislation. A Member country may also impose
restrictions in respect of certain categories of personal data
for which its domestic privacy legislation includes specific regulations
in view of the nature of those data and for which the other Member
country provides no equivalent protection.
18. Member countries should avoid developing laws, policies and
practices in the name of the protection of privacy and individual
liberties, which would create obstacles to transborder flows of
personal data that would exceed requirements for such protection.
PART FOUR. NATIONAL IMPLEMENTATION
19. In implementing domestically the principles set forth in Parts
Two and Three, Member countries should establish legal, administrative
or other procedures or institutions for the protection of privacy
and individual liberties in respect of personal data. Member countries
should in particular endeavour to:
(a) adopt appropriate domestic legislation;
(b) encourage and support self-regulation, whether in the form
of codes of conduct or otherwise;
(c) provide for reasonable means for individuals to exercise their
rights;
(d) provide for adequate sanctions and remedies in case of failures
to comply with measures which implement the principles set forth
in Parts Two and Three; and
(e) ensure that there is no unfair discrimination against data
subjects.
PART FIVE. INTERNATIONAL CO-OPERATION
20. Member countries should, where requested, make known to other
Member countries details of the observance of the principles set
forth in these Guidelines. Member countries should also ensure
that procedures for transborder flows of personal data and for
the protection of privacy and individual liberties are simple
and compatible with those of other Member countries which comply
with these Guidelines.
21. Member countries should establish procedures to facilitate:
(i) information exchange related to these Guidelines, and
(ii) mutual assistance in the procedural and investigative matters
involved.
22. Member countries should work towards the development of principles,
domestic and international, to govern the applicable law in the
case of transborder flows of personal data.
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