Препоръка No. R (91) 10 относно предаването към трети страни на лични данни събирани от обществените институции
(adopted by the Committee of Ministers on 9 September 1991 at the 461st 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 between its members;
Noting that automatic data processing has enabled public bodies to store on electronic files the data, including personal data, which they collect for the purposes of discharging their functions;
Aware of the fact that new automated techniques for the storage of such data greatly facilitates third party access to them, thus contributing to the greater circulation of information within society which the Committee of Ministers has encouraged in its Recommendation No. R(81)19 on access to information held by public authorities as well as in its Declaration of 29 April 1982 on Freedom of Expression and Information;
Believing however that automation of data collected and stored by public bodies makes it necessary to address its impact on personal data or personal data files which are collected and stored by public bodies for the discharge of their functions;
Noting in particular that the automation of personal data or personal data files has increased the risk of infringement of privacy since it allows greater access by telematic means to personal data or personal data files held by public bodies as well as communication of such data or personal data files to third parties;
Mindful in this regard of the increasing tendencies on the part of the private sector to exploit for commercial advantage the personal data or personal data files held by public bodies as well as the emergence of policies within public bodies envisaging communication by electronic means of personal data or personal data files to third parties on a commercial basis;
Determined therefore to promote data protection principles based on the Convention for the protection of individuals with regard to automatic processing of personal data of 28 January 1981 so as to ensure that the communication by public bodies of personal data or personal data files to third parties, in particular by electronic means, has its basis in law and is accompanied by safeguards for the data subject;
Noting in particular that these data protection principles should be reflected in the new automated context which now characterises the communication of personal data or personal data files to third parties under legal provisions governing accessibility by third parties to personal data or personal data files,

Recommends that the Governments of the member States:

i. Take account of the principles contained in the Appendix to this Recommendation whenever personal data or personal data files collected and stored by public bodies may be made accessible to third parties;
ii. Have due regard to the principles contained in the Appendix to this Recommendation in their law and practice regarding the automation and communication to third parties by electronic means of personal data or personal data files;
iii. Ensure wide circulation of the principles contained in the Appendix to this Recommendation among public bodies;
iv. Bring the principles contained in the Appendix to this Recommendation to the attention of authorities set up under data protection legislation or legislation on access to public sector information.