Translation of "Data Protection Act " (English → French) :

Martin Ehrenhauser is suspected of having illegally accessed a computer system pursuant to § 118a of the Austrian Penal Code, committed a breach of telecommunications secrecy pursuant to § 119 of the Austrian Penal Code, unlawfully intercepted data pursuant to § 119 of the Austrian Penal Code, made unauthorised use of a recording or recording equipment pursuant to § 120 (2) of the Austrian Penal Code and infringed the provisions of § 51 of the Data Protection Act of 2000.

The part of the instruction we are talking about is not based on the prevailing Personal Data Protection Act, but – and listen carefully – on the provisions of the Code of Canon Law.

The Data Protection Act should have entered into force in the Member States in October.

2. The Member States and institutions and bodies established on the basis of Council acts pursuant to Title VI of the Treaty on European Union shall, by compliance with this Framework Decision, guarantee that the basic rights and freedoms, and in particular the privacy, of data subjects are fully protected when personal data are transmitted between Member States or institutions and bodies established on the basis of Council acts pursuant to Title V ...[+++]I of the Treaty on European Union for the purpose of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, or further processed for the same purpose by the recipient Member State or institutions and bodies established on the basis of Council acts pursuant to Title VI of the Treaty on European Union.

5. Reiterates its concern about the procedure to be applied to data protection; deems the fact that the agreement on judicial cooperation is based on Article 23 of the Convention of 29 May 2000 established by the Council in accordance with Article 34 of the Treaty on European Union on Mutual Assistance in Criminal Matters between the Member States of the European Union to be inadequate, given that the United States is party neither to that Convention nor to the Council of Europe's Convention on Cybercrime (signed in Budapest on 23 November 2001) and that there are, therefore ...[+++], no common principles on which to act with regard to the correct use of data, the integrity thereof and the rights of the data subject to rectification and erasure if the data are inaccurate; believes, further, that, since US legislation is not subject to verification for compliance with the principle of proportionality that is required by European law, a very detailed study should be made of the possible impact of US legislation, such as the Homeland Security Act, before the agreement in question is ratified; recommends that the agreements should provide for data-protection guarantees that are at least equivalent to the provisions of the Council of Europe's Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data;

The European Data Protection Supervisor shall be responsible for monitoring and ensuring the application of the provisions of this Regulation and any other Community act relating to the protection of the fundamental rights and freedoms of natural persons with regard to the processing of personal data by a Community institution or body, and for advising Community institutions and bodies and data subjects on all matters concerning the processing of personal data.