Personal data protection
1. Personal data communicated under this Convention
may be used by the Member State to which they have been transferred:
(a) for the purpose of proceedings to which
this Convention applies;
(b) for other judicial and administrative
proceedings directly related to proceedings referred to under
(c) for preventing an immediate and serious
threat to public security;
(d) for any other purpose, only with the
prior consent of the communicating Member State unless the Member
State concerned has obtained the consent of the data subject.
2. This Article shall also apply to personal
data not communicated but obtained otherwise under this Convention.
3. In the circumstances of the particular
case, the communicating Member State may require the Member State
to which the personal data have been transferred to give information
on the use made of the data.
4. Where conditions on the use of personal
data have been imposed pursuant to Articles 7(2), 18(5)(b), 18(6)
or 20(4), these conditions shall prevail. Where no such conditions
have been imposed, this Article shall apply.
5. The provisions of Article 13(10) shall
take precedence over this Article regarding information obtained
under Article 13.
6. This Article does not apply to personal
data obtained by a Member State under this Convention and originating
from that Member State.
7. Luxembourg may, when signing the Convention,
declare that where personal data are communicated by Luxembourg
under this Convention to another Member State, the following applies:
Luxembourg may, subject to paragraph 1(c), in
the circumstances of a particular case require that unless that
Member State concerned has obtained the consent of the data subject,
the personal data may only be used for the purposes referred to
in paragraph 1(a) and (b) with the prior consent of Luxembourg
in respect of proceedings for which Luxembourg could have refused
or limited the transmission or use of the personal data in accordance
with the provisions of this Convention or the instruments referred
to in Article 1.
If, in a particular case, Luxembourg refuses
to give its consent to a request from a Member State pursuant
to the provisions of paragraph 1, it must give reasons for its
decision in writing.