The Commission may find that a third country ensures an adequate level of protection. In that case, personal data may be transferred from the Member States without additional guarantees being necessary.
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.
1. Member States shall inform the Commission without delay when measures, are adopted on the basis of Article 3.
2. The Member States and the Commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standards of protection in the Isle of Man fails to secure such compliance.
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 Isle of Man is not effectively fulfilling its role, the Commission shall inform the competent Isle of Man 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.
The Commission shall monitor the functioning of this Decision and report any pertinent findings to the Committee established under Article 31 of Directive 95/46/EC, including any evidence that could affect the finding in Article 1 of this Decision that protection in the Isle of Man is adequate within the meaning of Article 25 of Directive 95/46/EC and any evidence that this Decision is being implemented in a discriminatory way.
For the Commission
Member of the Commission
(1) OJ L 281, 23.11.1995, p. 31
(2) Opinion 6/2003 on the level of protection of personal data in the Isle of Man, adopted by the Working Party on 21 November 2003, available at http://europa.eu.int/comm/internal_market/privacy/workingroup/wp 2003/wpdocs03_en.htm