(7)
The Faeroese Act is based on the standards set out in Directive 95/46/EC and accordingly it covers all the basic principles necessary for an adequate level of protection of the right of natural persons to privacy with respect to the processing of personal data. The application of these standards is guaranteed by judicial remedy and by independent supervision carried out by the supervisory authority, the Data Protection Commissioner, who is invested with powers of investigation and intervention.
(a)
where a competent Faeroese authority has determined that the recipient is in breach of the applicable standards of protection; or
(b)
where there is a substantial likelihood that the standards of protection are being infringed, there are reasonable grounds for believing that the competent Faeroese authority is not taking or will not take adequate and timely steps to settle the case at issue, the continuing transfer would create an imminent risk of grave harm to data subjects and the competent authorities in the Member State have made reasonable efforts in the circumstances to provide the party responsible for processing established in the Faeroe Islands with notice and an opportunity to respond.
2. The suspension shall cease as soon as the standards of protection are assured and the competent authority of the Member States concerned is notified thereof.
3. If the information collected under Article 3 and under paragraphs 1 and 2 of this Article provides evidence that any body responsible for ensuring compliance with the standards of protection in the Faeroe Islands is not effectively fulfilling its role, the Commission shall inform the competent Faeroese authority and, if necessary, present draft measures in accordance with the procedure referred to in Article 31(2) of Directive 95/46/EC with a view to repealing or suspending this Decision or limiting its scope.
