(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.
(2)
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.
(6)
With effect from 1951 and 1987 respectively, the United Kingdom's ratification of the European Convention on Human Rights and the Council of Europe Convention on the Protection of Individuals with regard to automatic processing of personal data (Convention No 108) were extended to the Bailiwick of Jersey.
(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.
(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.
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:
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.
