Vertaling van "Right individual recourse " (Engels → Nederlands) :

18. Stresses its serious concerns about the work carried out within the Council of Europe’s Cybercrime Convention Committee with a view to developing an additional protocol on the interpretation of Article 32 of the Convention on Cybercrime of 23 November 2001 on ‘trans-border access to stored computer data with consent or where publicly available’ in order to ‘facilitate its effective use and implementation in the light of legal, policy and technological developments’; calls on the Commission and the Member States, in view of the forthcoming consideration by the Committee of Ministers of the Council of Europe, to  ensure the compatibility of the provision of Article 32 of the Convention on Cybercrime, and its interpretation in the Member States, with fu ...[+++]ndamental rights, including data protection and, in particular, the provisions on trans-border flows of personal data, as enshrined in the EU Charter of Fundamental Rights, the EU data protection acquis, the European Convention of Human Rights and the Council of Europe Convention on the Protection of Individuals with Regard to Automatic Processing (‘Convention 108’), which are legally binding upon the Member States; calls on the Commission and the Member States to reject firmly any measure that would put the application of these rights at risk; is alarmed by the fact that should such an additional protocol be endorsed, its implementation could result in unfettered remote access by law enforcement authorities on servers and computer systems located in other jurisdictions, without recourse to MLA agreements and other instruments of judicial cooperation put in place to guarantee the fundamental rights of the individual, including data protection and due process;

73. Stresses its serious concerns about the work carried out within the Council of Europe’s Cybercrime Convention Committee with a view to developing an additional protocol on the interpretation of Article 32 of the Convention on Cybercrime of 23 November 2001 on ‘trans-border access to stored computer data with consent or where publicly available’ in order to ‘facilitate its effective use and implementation in the light of legal, policy and technological developments’; calls on the Commission and the Member States, in view of the forthcoming consideration by the Committee of Ministers of the Council of Europe, to  ensure the compatibility of the provision of Article 32 of the Convention on Cybercrime, and its interpretation in the Member States, with fu ...[+++]ndamental rights, including data protection and, in particular, the provisions on trans-border flows of personal data, as enshrined in the EU Charter of Fundamental Rights, the EU data protection acquis, the European Convention of Human Rights and the Council of Europe Convention on the Protection of Individuals with Regard to Automatic Processing (‘Convention 108’), which are legally binding upon the Member States; calls on the Commission and the Member States to reject firmly any measure that would put the application of these rights at risk; is alarmed by the fact that should such an additional protocol be endorsed, its implementation could result in unfettered remote access by law enforcement authorities on servers and computer systems located in other jurisdictions, without recourse to MLA agreements and other instruments of judicial cooperation put in place to guarantee the fundamental rights of the individual, including data protection and due process;

While an individual can have recourse to the European Court of Human Rights to assert rights arising from the European Convention on Human Rights, this can only be done after an alleged breach has occurred and all domestic legal avenues have been exhausted.

In order to ensure that the legislation is effective for citizens, it also sets out requirements for legal recourse when individuals' rights are considered to have been infringed.

While an individual can have recourse to the European Court of Human Rights to assert rights arising from the European Convention on Human Rights, this can only be done after an alleged breach has occurred and all domestic legal avenues have been exhausted.

(28) Whereas, in order to ensure that the smooth operation of contractual arrangements is not called into question by the intervention of outsiders holding rights in individual parts of the programme, provision should be made, through the obligation to have recourse to a collecting society, for the exclusive collective exercise of the authorization right to the extent that this is required by the special features of cable retransmission; whereas the authorization right as such remains intact and only the exercise of this right is reg ...[+++]ulated to some extent, so that the right to authorize a cable retransmission can still be assigned; whereas this Directive does not affect the exercise of moral rights;