CONFIDENTIALITY OF INFORMATION AND DOCUMENTS. 1. Any information communicated in whatsoever form pursuant to this Agreement shall be of a confidential nature. It shall be covered by the obligation of official secrecy and shall enjoy the protection extended to like information under the relevant laws of the Contracting Party which received it and the corresponding provisions applying to the authorities of the other Contracting Party if provided by them. 2. Personal data may only be transmitted if the level of personal protection afforded by the legislation of the Contracting Parties is at least equivalent. The Contracting Parties shall ensure at least a level of protection based on the principles in the Annex to this Agreement, which is an integral part of the Agreement. 3. Information received in the course of mutual assistance may only be used for the purposes specified in the present Agreement, including the use in judicial or administrative proceedings concerning the respective customs case. 4. The requesting authority shall not use evidence or information obtained under this Agreement for purposes other than those stated in the request without the prior consent of the requested authority. 5. The provisions of this Agreement do not affect the provisions applicable to the exchange of information between the European Commission and the customs authorities of the Member States of the European Community relating to customs infringements. If the Austrian Customs Authority conveys information received pursuant to this Agreement to the European Commission and/or to other Member States of the European Community, it shall give full and prompt notice thereof to the Israeli Customs Authority. The Austrian Customs Authority, in conveying such information, shall require that the receiving authority use that information only for the purpose of the proper application of customs legislation and that the information shall be treated in accordance with Protocol 5 of the Euro- Mediterranean Agreement Establishing an Association between the European Communities and Their Member States, of the One Part, and the State of Israel, of the Other Part. 6. If the Austrian Customs Authority receives information from the European Commission or from a Member State of the European Community, which is of interest to the Israeli Customs Authority regarding the correct application of customs legislation, the former shall notify the entity from which the information of that fact was received and request that authority to convey such information to the Israeli Customs Authority. 7. The provisions of paragraph 4 of this Article shall not apply to cases concerning offences relating to narcotic drugs and psychotropic substances. Such information may be communicated to other authorities in the requesting Contracting Party directly involved in combating illicit drug traffic. As to information concerning national security, public health and environmental protection the requesting Customs Authority may transfer it to the relevant competent governmental authorities, which deal with such matters. In any case of transference of information under this paragraph, the Customs Authority of the other Contracting Party shall be notified thereof.
Appears in 5 contracts
Samples: Mutual Assistance Agreement, Mutual Assistance Agreement, Mutual Assistance Agreement
