Article 1 - Isle of Man level of protectionArticle 2 - Meeting the requirements of Article 25(1)Article 3 - Data flows to a recipient in Isle of ManArticle 4 - Compliance monitoringArticle 5 - Commission monitoringArticle 6 - Compliance measurementArticle 7 - Decision dateReferences - Additional reading
(9)
The legal standards applicable in the Isle of Man cover all the basic principles necessary for an adequate level of protection for natural persons. The application of these standards is guaranteed by judicial remedy and by independent supervision carried out by the authorities, such as the Data Protection Commissioner invested with powers of investigation and intervention.
(11)
In the interest of transparency and in order to safeguard the ability of the competent authorities in the Member States to ensure the protection of individuals as regards the processing of their personal data, it is necessary to specify the exceptional circumstances in which the suspension of specific data flows may be justified, notwithstanding the finding of adequate protection.
1. Without prejudice to their powers to take action to ensure compliance with national provisions adopted pursuant to provisions other than Article 25 of Directive 95/46/EC, the competent authorities in Member States may exercise their existing powers to suspend data flows to a recipient in the Isle of Man in order to protect individuals with regard to the processing of their personal data in the following cases:
(b)
where there is a substantial likelihood that the standards of protection are being infringed, there are reasonable grounds for believing that the competent Isle of Man 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 Isle of Man with notice and an opportunity to respond.