Report on the need for a Guidance note on Art 11 of the modernised Convention 108

Upon invitation of the Council of Europe, Dr. Thorsten Wetzling and Charlotte Dietrich wrote a report on the need for a guidance note on Article 11 of the modernised Convention 108. Convention 108+ is the only legally binding agreement on data processing and data protection that extends to the realm of national security and defence. Article 11 regulates the application of the convention in the field of national security and defence. 

The report finds that while the modernised Convention sets important ground rules, its great potential can only be realised if the exceptions under Article 11 are not undermining the very essence of the Convention. Many of the exceptions in Article 11 are too broad and inconsistent with provisions in the Convention itself and with ECtHR case law. The authors thus call for further consultations and guidance on Article 11.