Implementing Convention 108+: Observers and NGO contributions

Abstract

The Consultative Committee of data protection Convention 108 has among its accredited Observers five non-government organisations (NGOs) with strong interests in data privacy. This article considers how such NGO Observers can contribute to Convention 108+, the ‘modernised’ and strengthened version of the Convention now undergoing ratification by parties to the existing Convention, and considers whether the roles proposed for 108+ involvement by NGO Observers are satisfactory, or whether they need to be strengthened. It concludes NGOs have good reasons for wanting 108+ to maintain high standards, and to advocate for that. It is easy to say in theory, but will they have the opportunity in practice? Four distinct reasons for NGO Observer interest are identified. The involvement of three NGOs in the Consultative Committee’s deliberations on the accession and periodic follow-up evaluation mechanisms is shown to have resulted in improvements to an already very strong set of evaluation criteria. From an NGO perspective, these Council of Europe processes are significantly more transparent, participatory and responsive, than those adopted by APEC (Privacy Framework and Cross-border Privacy Rules system), the OECD (Privacy Guidelines) and European Union (‘adequacy’ under the GDPR).