The modernised Convention 108+ is the only legally binding agreement on data processing and data protection that extends to the realm of national security and defence. Upon invitation of the Council of Europe, Dr. Thorsten Wetzling and Charlotte Dietrich wrote a report on the need for a guidance note on Article 11 of the modernised convention. This article regulates the application of the convention in the field of national security and defence. The report was presented and discussed in the 41st Plenary meeting of the Committee on Convention 108+ on 29 June 2021.
The report finds that while the modernised convention sets important ground rules, its great potential can only be realised if the exceptions under Article 11 are not undermining the very essence of the convention. Many of the exceptions in Article 11 are too broad and inconsistent with provisions in the convention itself and with case law of the European Court of Human Rights. The authors thus call for further consultations and guidance on Article 11.
You can find the full report here.