A new Article 15 includes the provisions of Article 1 of the Additional Protocol of 2001 (ETS No.181) and reads as follows:
“Article 15 – Supervisory authorities
- 1.
- Each Party shall provide for one or more authorities to be responsible for ensuring compliance with the provisions of this Convention.
- 2.
- To this end, such authorities:
- a)shall have powers of investigation and intervention;
- b)shall perform the functions relating to transfers of data provided for under Article 14, notably the approval of standardised safeguards;
- c)shall have powers to issue decisions with respect to violations of the provisions of this Convention and may, in particular, impose administrative sanctions;
- d)shall have the power to engage in legal proceedings or to bring to the attention of the competent judicial authorities violations of the provisions of this Convention;
- e)shall promote:
- (i)public awareness of their functions and powers, as well as their activities;
- (ii)public awareness of the rights of data subjects and the exercise of such rights;
- (iii)awareness of controllers and processors of their responsibilities under this Convention; specific attention shall be given to the data protection rights of children and other vulnerable individuals.
- 3.
- The competent supervisory authorities shall be consulted on proposals for any legislative or administrative measures which provide for the processing of personal data.
- 4.
- Each competent supervisory authority shall deal with requests and complaints lodged by data subjects concerning their data protection rights and shall keep data subjects informed of progress.
- 5.
- The supervisory authorities shall act with complete independence and impartiality in performing their duties and exercising their powers and in doing so shall neither seek nor accept instructions.
- 6.
- Each Party shall ensure that the supervisory authorities are provided with the resources necessary for the effective performance of their functions and exercise of their powers.
- 7.
- Each supervisory authority shall prepare and publish a periodical report outlining its activities.
- 8.
- Members and staff of the supervisory authorities shall be bound by obligations of confidentiality with regard to confidential information to which they have access, or have had access to, in the performance of their duties and exercise of their powers.
- 9.
- Decisions of the supervisory authorities may be subject to appeal through the courts.
- 10.
- The supervisory authorities shall not be competent with respect to processing carried out by bodies when acting in their judicial capacity.”
