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Препоръка No R (99) 5 относно защитата на личната неприкосновеност в Интернет
(adopted by the Committee of Ministers on 23 February 1999, at the 660th meeting of the Ministers' Deputies)


The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve greater unity among its members;
Noting the developments in new technologies and new communications and on-line information services;
Aware that these developments will influence the functioning of society in general and relations between individuals, in particular in offering increased possibilities for communication and exchange of information at national and international levels;
Aware of the advantages which users of new technologies can gain from these developments;
Considering, nevertheless, that technological development and the generalisation of collection and processing of personal data on information highways carries risks for the privacy of natural persons;
Considering that technological development also makes it possible to contribute towards the respect of fundamental rights and freedoms, and in particular the right to privacy, when personal data concerning natural persons are processed;
Aware of the need to develop techniques which permit the anonymity of data subjects and the confidentiality of the information exchanged on information highways while respecting the rights and freedoms of others and the values of a democratic society;
Aware that communications carried out with the aid of new information technologies must also respect the human rights and fundamental freedoms and, in particular, the right to privacy and to secrecy of correspondence, as guaranteed by Article 8 of the European Convention on Human Rights;
Recognising that the collection, processing and especially communication of personal data by means of new information technologies, particularly the information highways, are governed by the provisions of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Strasbourg 1981, European Treaty Series No. 108) and by sectoral recommendations on data protection and notably Recommendation No. R (90) 19 on the protection of personal data used for payment and other related operations, Recommendation No. R (91) 10 on the communication to third parties of personal data held by public bodies, and Recommendation No. R (95) 4 on the protection of personal data in the area of telecommunications, with particular reference to telephone services;
Considering that it is appropriate to make users and Internet service providers aware of the general provisions of the above-mentioned convention with regard to the collection and processing of personal data on information highways;

Recommends that the governments of member States disseminate widely the Guidelines contained in the appendix to this recommendation, especially to users and service providers on the Internet as well as to any national authority responsible for supervising respect of data protection provisions.
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