A/AC.291/L.15
Article 36. Protection of personal data
[agreed ad referendum]
1.
(a) A State Party transferring personal data pursuant to this Convention shall
do so in accordance with its domestic law and any obligations the transferring Party
may have under applicable international law. States Parties shall not be required to
transfer personal data in accordance with this Convention if the data cannot be
provided in compliance with their applicable laws concerning the protection of
personal data;
(b) Where the transfer of personal data would not be compliant with
paragraph 1 (a) of this article, States Parties may seek to impose appropriate
conditions, in accordance with such applicable laws, to achieve compliance in order
to respond to a request for personal data;
(c) States Parties are encouraged to establish bilateral or multilateral
arrangements to facilitate the transfer of personal data.
2.
For personal data transferred in accordance with this Convention, States Parties
shall ensure that the personal data received are subject to effective and appropriate
safeguards in the respective legal frameworks of the States Parties.
3.
In order to transfer personal data obtained in accordance with this Convention
to a third country or an international organization , a State Party shall notify the
original transferring State Party of its intention and request its authorization. The State
Party shall transfer such personal data only with the authorization of the original
transferring State Party, which may require that the authorization be provided in
written form.
Article 37. Extradition
[agreed ad referendum]
1.
This article shall apply to the criminal offences established in accordance with
this Convention where the person who is the subject of the request for extradition is
present in the territory of the requested State Party, provided that the offence for w hich
extradition is sought is punishable under the domestic law of both the requesting State
Party and the requested State Party. When the extradition is sought for the purpose of
serving a final sentence of imprisonment or another form of detention impose d in
respect of an extraditable offence, the requested State Party may grant the extradition
in accordance with domestic law.
2.
Notwithstanding paragraph 1 of this article, a State Party whose law so permits
may grant the extradition of a person for any of the criminal offences established in
accordance with this Convention that are not punishable under its own domestic law.
3.
If the request for extradition includes several separate criminal offences, at least
one of which is extraditable under this article and some of which are not extraditable
by reason of their period of imprisonment but are related to offences established in
accordance with this Convention, the requested State Party may apply this article also
in respect of those offences.
4.
Each of the offences to which this article applies shall be deemed to be included
as an extraditable offence in any extradition treaty existing between States Parties.
States Parties undertake to include such offences as extraditable offences in every
extradition treaty to be concluded between them.
5.
If a State Party that makes extradition conditional on the existence of a treaty
receives a request for extradition from another State Party with which it has no
extradition treaty, it may consider this Convention the legal basis for extradition in
respect of any offence to which this article applies.
6.
States Parties that make extradition conditional on the existence of a treaty shall:
(a) At the time of deposit of their instruments of ratification, acceptance or
approval of or accession to this Convention, inform the Secretary -General of the
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