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Article 16 Verdrag van Ljubljana-Den Haag inzake internationale samenwerking bij de opsporing en vervolging van genocide, misdrijven tegen de menselijkheid, oorlogsmisdrijven en andere internationale misdrijven

GENERAL PROVISIONS

1 States Parties shall ensure that personal data transferred from one State Party to another shall be used only for the purpose for which it was transferred. Personal data shall not be used for any incompatible purpose. Personal data shall not be transferred to any third State or international organization without prior approval of the State Party which initially transferred the personal data. The State Party which initially transferred the personal data may specify terms that the requesting State Party must respect in connection with any onward transfer.

2 Where the requested State Party has imposed special conditions on the use of personal data it has provided, the requesting State Party shall upon request from the requested State Party provide information on the use that has been made of the personal data.

3 Where, following disclosure to the requesting State Party, the requested State Party becomes aware of circumstances that may cause it to seek an additional condition in a particular case, a central authority of the requested State Party may consult with a central authority of the requesting State Party to determine the extent to which the personal data can be protected.

4 States Parties shall transfer accurate personal data to each other. If it appears that incorrect personal data has been transferred or if it appears that personal data should not have been transferred by the requested or requesting State Party, the State Party concerned shall immediately be notified to this effect. The State Party concerned shall correct or delete the personal data without delay, unless it is needed for the purposes of paragraphs 8 and 9.

5 Upon request, the person concerned shall be informed about any transferred personal data relating to that person and about the purpose of its intended use. However, this information may be withheld in order to avoid prejudicing the prevention, detection, investigation or prosecution of crimes.

6 The transferred personal data shall be erased or anonymized by the requesting State Party as soon as it is no longer required for the purpose for which it has been transferred, except where retaining the personal data is required to exercise the rights referred to in paragraphs 8 and 9.

7 The receiving State Party shall ensure appropriate protection of the personal data received from accidental loss, accidental or unlawful destruction or alteration and unauthorized disclosure, unauthorized access and any other unauthorized processing.

8 For the purposes of this Convention, States Parties shall ensure that any person concerned by a transfer of data is entitled to obtain access to, rectification of or erasure of their personal data from the State Party which transmitted the data or the State Party which received the data. The exercise of this right may be limited if it would compromise one of the purposes mentioned in paragraph 1 or the exercise of the rights and freedoms of other persons.

9 States Parties shall ensure that the persons concerned are entitled to seek an effective remedy for the violation of any obligation contained in this article.

10 The requested State Party shall not be obliged to transfer personal data if the domestic law applicable to it prohibits transfer or if it has reason to assume that the legitimate interests of the person concerned would be adversely affected by such transfer.

Regeling
Verdrag van Ljubljana-Den Haag inzake internationale samenwerking bij de opsporing en vervolging van genocide, misdrijven tegen de menselijkheid, oorlogsmisdrijven en andere internationale misdrijven
Soort
Verdrag
Geldend vanaf
15-02-2024
BWB-id
BWBV0007040
Versie
2024-02-15_0

In de hele regeling · Officiële tekst op wetten.overheid.nl