(1)
Pursuant to Directive 95/46/EC, Member States are required to provide that the transfer of personal data to a third country may take place only if the third country in question ensures an adequate level of protection and if the Member States' laws implementing other provisions of the Directive are complied with prior to the transfer.
(3)
Pursuant to Directive 95/46/EC the level of data protection should be assessed in the light of all the circumstances surrounding a data transfer operation or a set of data transfer operations, and giving particular consideration to a number of elements relevant for the transfer and listed in Article 25(2) thereof.
(4)
Given the different approaches to data protection in third countries, the adequacy assessment should be carried out, and any decision based on Article 25(6) of Directive 95/46/EC should be made and enforced in a way that does not arbitrarily or unjustifiably discriminate against or between third countries where like conditions prevail, nor constitute a disguised barrier to trade, regard being had to the Community's present international commitments.
(5)
The Bailiwick of Jersey is one of the dependencies of the British Crown (being neither part of the United Kingdom nor a colony) that enjoys full independence, except for international relations and defense which are the responsibility of the United Kingdom Government. The Bailiwick of Jersey is therefore to be considered as a third country within the meaning of Directive 95/46/EC.
(7)
As regards the Bailiwick of Jersey, the legal standards on the protection of personal data largely based on the standards set out in Directive 95/46/EC have been provided for in the Data Protection (Jersey) Law 1987, which entered into force on 11 November 1987 and two ancillary laws, the Data Protection (Amendment) (Jersey) Law 2005, and the Data Protection (Jersey) Law 2005 (Appointed Day) Act 2005.
(10)
Jersey should therefore be regarded as providing an adequate level of protection for personal data as referred to in Directive 95/46/EC.
(12)
The measures provided for in this Decision are in accordance with the opinion of the Committee established under Article 31(1) of Directive 95/46/EC,
HAS ADOPTED THIS DECISION:
For the purposes of Article 25(2) of Directive 95/46/EC, the Bailiwick of Jersey is considered as providing an adequate level of protection for personal data transferred from the Community.
This Decision concerns the adequacy of protection provided in Jersey with a view to meeting the requirements of Article 25(1) of Directive 95/46/EC and does not affect other conditions or restrictions implementing other provisions of that Directive that pertain to the processing of personal data within the Member States.
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 Jersey in order to protect individuals with regard to the processing of their personal data in the following cases:
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 Jersey is not effectively fulfilling its role, the Commission shall inform the competent Jersey 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 Jersey 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
Jacques BARROT
Vice-President
(1) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).
(2) Opinion No 8/2007 on the level of protection of personal data in Jersey, adopted on 9 October 2007, available at http://ec.europa.eu/justice_home/fsj/privacy/workinggroup/wpdocs/2007_en.htm
(3) These are the Data Protection (Corporate Finance Exemption) (Jersey) Regulations 2005, the Data Protection (Credit Reference Agency) (Jersey) Regulations 2005, the Data Protection (Fair Processing) (Jersey) Regulations 2005, the Data Protection (International Cooperation) (Jersey) Regulations 2005, the Data Protection (Notification) (Jersey) Regulations 2005, the Data Protection (Sensitive Personal Data) (Jersey) Regulations 2005, the Data Protection (Subject Access Exemptions) (Jersey) Regulations 2005, the Data Protection (Subject Access Miscellaneous) (Jersey) Regulations 2005, the Data Protection (Subject Access Modification — (Education) (Jersey) Regulations 2005, the Data Protection (Subject Access Modification — (Health) (Jersey) Regulations 2005, the Data Protection (Subject Access Modification — (Social Work) (Jersey) Regulations 2005, and the Data Protection (Transfer in Substantial Public Interest) (Jersey) Regulations 2005.
