La protection des données c’est toute l’année. Conseil du jour :
Sur internet, chaque compte (messagerie, banque…) doit avoir son propre mot de passe  

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International instruments

UNITED NATIONS

(Monaco is a member of the ONU since 1993)

  • Art XII of the Universal Declaration of Human Rights (in effect in Monaco since 2005)
  • Art 17 of the International Covenant on Civil and Political Rights (in effect in Monaco since 1997)

These two articles are dedicated to the protective rights against violations to privacy.
Guidelines for computerised files containing personal data (14 December 1990)
These texts can be accessed on the portal of the United Nations - www.un.org.

COUNCIL OF EUROPE

(Monaco joined the Council of Europe in 2004)

  • Article 8 of the European Convention for the Safeguard of Human Rights and of fundamentals freedom (effective in Monaco since November 2005)
  • This article is dedicated to the rights to privacy.
  • The convention for the protection of persons in the context of automated data processing of personal data (STE number 108) (effective in Monaco since 1 April  2009)
  • It concerns the first judicial International instrument in the domain of data protection. This convention has for objective to ensure, on the territory of each party, to all physical persons, the respect of their rights and fundamental freedom, mainly their right to privacy, relating to their own automated processing of data of a personal nature, by the implementation of the appropriate measures in national law (domestic law).
  • The protocol addendum to the Convention 108 concerning the controlling authorities and cross-border flows of data, effective from the 1 April 2009

This protocol addendum demands of the interested parties the implementation, by the independent controlling authorities, in charge of ensuring the compliance to domestic law, to ensure the effectiveness of the principles announced in the Convention.
The recommendations by the Council of Europe, of reports and studies by the data protection committee of the European Council and the reports established by the experts at the request of this institution are an additional source of reflection and rights.
These texts can be accessed on the portal of the Council of Europe, more specifically, in the section “Data protection”.

EUROPEAN UNION / EUROPEAN COMMISSION

(Monaco is not a member of the Union)

  • The Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data

    This directive serves to define an adequate level of protection of persons in the European Union. It adheres to the same objectives as those of the Convention 108, while specifying and enforcing its principles.The work of “group 29” may be misinterpreted or wrongly analysed by the Directive.

  • The Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector
  • Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)
    These texts can be accessed on the portal of the European Commission, in section “Data protection”
  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). Click here to see the text.
These texts are available for consultation on the European Commission’s Website, which includes a specific section on “data protection”.