Traduction de «Instruction relative à la protection par signaleur » (Français → Anglais) :

Although Austrian data protection legislation (Datenschutzgesetz 2000) spells out that the authority exercises its functions independently and takes no instruction in their performance, the Commission considers that “complete independence,” as required under EU data protection rules, is not guaranteed because:

This is a new iteration of it, and when Minister Nicholson, our Minister of Justice, testified before this committee on November 19 of this year, he noted several and numerous safeguards, including: (i) that the prior consent of the Attorney General of Canada, or the attorney general or solicitor general of the province, would be needed before a peace officer could apply for an investigative hearing order; (ii) there would have to be reasonable grounds to believe that a terrorism offence has been or will be committed; (iii) the judge would have to be satisfied that reasonable attempts have been made to obtain the information by other m ...[+++]eans for both future and past terrorism offences; (iv) the bill clarifies that section 707 of the Criminal Code, which sets out the maximum period of detention for an arrested witness, applies to a person arrested with warrant and detained in order to ensure his or appearance at the investigative hearing; (v) the witness would have the right to retain and instruct counsel at any stage of the proceeding; (vi) a person could refuse to answer a question or produce anything that is protected by Canadian law relating to the non-disclosure of information or privilege; (vii) federal and provincial attorneys general would be required to report annually on any use of investigative hearings; (viii) this annual report would include an additional requirement that the Attorney General of Canada and the Minister of Public Safety provide their opinion, supported by reasons, on whether these provisions should remain in force.

Welcomes new radio and TV laws which provide for several positive developments such as an increase in the percentage that foreign entities may lawfully own in Turkish media companies (50 %, up from 25 %), but expresses concern at the fact that broadcasting may be stopped on grounds of national security without a court order or a ruling by a judge; notes with concern the practice of bringing criminal prosecutions – especially under Article 285 of the Penal Code on ‘breaching the confidentiality of a criminal investigation’ and Article 288 on ‘attempting to influence the judiciary’ – against journalists who communicate evidence of human r ...[+++]ights violations or raise other issues in the public interest; considers the criminalisation of opinions as a key obstacle to the protection of human rights in Turkey and deplores disproportionate restriction of the freedoms of expression, association and assembly; urges Turkey to comply rigorously with its international human rights obligations in this respect by amending its relevant legislation and by training its police and judiciary;

New technologies should be used, where appropriate, to enable differentiated, risk-based checks on visa applicants with extensive sharing of information between Member States, whilst fully respecting data protection and privacy laws.

(l) carries out or instructs a data transfer to a third country or an international organisation that is not allowed by an adequacy decision or by appropriate safeguards or by a derogation pursuant to Articles 40 to 44;

the rules on the protection of secrecy of criminal investigations;