The text of Article 9 of the Convention (new Article 11) shall be replaced by the following:
- “1.
- No exception to the provisions set out in this chapter shall be allowed except to the provisions of Article 5, paragraph 4, Article 7, paragraph 2, Article 8, paragraph 1, and Article 9, when such an exception is provided for by law, respects the essence of the fundamental rights and freedoms and constitutes a necessary and proportionate measure in a democratic society for:
- a)the protection of national security, defence, public safety, important economic and financial interests of the State, the impartiality and independence of the judiciary or the prevention, investigation and prosecution of criminal offences and the execution of criminal penalties, and other essential objectives of general public interest;
- b)the protection of the data subject or the rights and fundamental freedoms of others, notably freedom of expression.
- 2.
- Restrictions on the exercise of the provisions specified in Articles 8 and 9 may be provided for by law with respect to data processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes when there is no recognisable risk of infringement of the rights and fundamental freedoms of data subjects.
- 3.
- In addition to the exceptions allowed for in paragraph 1 of this article, with reference to processing activities for national security and defence purposes, each Party may provide, by law and only to the extent that it constitutes a necessary and proportionate measure in a democratic society to fulfil such an aim, exceptions to Article 4, paragraph 3, Article 14, paragraphs 5 and 6, and Article 15, paragraph 2, litterae a, b, c and d.
- This is without prejudice to the requirement that processing activities for national security and defence purposes are subject to independent and effective review and supervision under the domestic legislation of the respective Party.”
