“Article 5 – Legitimacy of data processing and quality of data”.
2.The text of Article 5 of the Convention shall be replaced by the following:- “1.
- Data processing shall be proportionate in relation to the legitimate purpose pursued and reflect at all stages of the processing a fair balance between all interests concerned, whether public or private, and the rights and freedoms at stake.
- 2.
- Each Party shall provide that data processing can be carried out on the basis of the free, specific, informed and unambiguous consent of the data subject or of some other legitimate basis laid down by law.
- 3.
- Personal data undergoing processing shall be processed lawfully.
- 4.
- Personal data undergoing processing shall be:
- a)processed fairly and in a transparent manner;
- b)collected for explicit, specified and legitimate purposes and not processed in a way incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes is, subject to appropriate safeguards, compatible with those purposes;
- c)adequate, relevant and not excessive in relation to the purposes for which they are processed;
- d)accurate and, where necessary, kept up to date;
- e)preserved in a form which permits identification of the data subjects for no longer than is necessary for the purposes for which those data are processed.”
