07.04.2015

CoE: Recommendations on the free flow of information and processing of personal data in the employment context

  • Recommendation CM/Rec(2015)6 of the Committee of Ministers to member States on the free, transboundary flow of information on the Internet (Adopted by the Committee of Ministers on 1 April 2015, at the 1224th meeting of the Ministers’ Deputies):
[...] 5.1. When national policies and commercial activities interfere with Internet traffic beyond a State’s boundaries, the parties concerned may not have standing to raise their grievances within that State. States should ensure that structures and procedures exist for hearing and resolving the grievances of these parties. In this regard, States should engage in international dialogue to progressively develop shared understandings, international standards and norms and to adhere to best practices with regard to applicable law and competent jurisdiction in cases where competing (conflicting) laws apply to freedom of expression and access to information.
[...]  5.3. In relation to services that store or process information in remote locations, States should safeguard the right to personal data protection in accordance with Convention 108 and the right to respect for private and family life in compliance with Article 8 of the ECHR. This is also important for the full exercise of the rights guaranteed in Articles 10 and 11 of the ECHR. Regarding such services, States should also engage in international dialogue to develop shared norms, practices and understandings to address questions about jurisdiction and applicable law. [...]
  • Recommendation CM/Rec(2015)5 of the Committee of Ministers to member States on the processing of personal data in the context of employment (including "Use of Internet and electronic communications in the workplace", "Information systems and technologies for the monitoring of employees, including video surveillance" etc.)