EU Data Protection Working Party: Israel and Andorra Provide Adequate Protection to Personal Data

The European Union’s Article 29 Data Protection Working Party last month released two separate opinions establishing that Andorra and Israel offer “adequate” levels of protection within the meaning of article 25(6) of Directive 95/46/EC on Personal Data Protection.

While the Working Party opinions are substantial developments, they do not mean that either Andorra or Israel have been declared as providing “adequate” protection to personal data for the purposes of Directive 95/46/EC. The European Commission must decide whether to issue a formal adequacy decision for these countries — taking the Working Party opinions into account, of course.

An adequacy decision would be very important because personal data from Europe can flow freely to those countries that have been declared to provide an adequate level of protection. Parties seeking to transfer data from Europe to countries that do not provide “adequate” protection to personal data need to see if one of the exemptions to the directive apply or pursue or alternatives, such as the use of approved contracts, binding corporate rules or another acceptable means of legitimizing cross-border data transfers.

There are only a very small number of jurisdictions that, to date, have been founds to provide adequate protection to personal data: Argentina; Canada; Switzerland; the United States (but solely with respect to the Safe Harbors program); Guernsey; and the Isle of Man and Jersey.

Comments

---

This website, which may be considered advertising under the ethical rules of certain jurisdictions, is provided with the understanding that it does not constitute the rendering of legal advice or other professional advice. The views expressed on this blog are my personal views alone and do not necessarily reflect views of my employer.

• Recent Posts

  • Coming Soon: My New Book on Health Privacy
  • Join Me for a ‘Sunshine Soiree’ in Texas
  • UK Financial Regulators Issue New Guidelines on Blogging and Social Media
  • Catch Me on Web Radio This Friday
  • Reform of EU Privacy Laws (Maybe) Coming Soon

• What I'm Reading

• Archives

  • May 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • May 2009
  • March 2009
  • February 2009
  • January 2009
  • March 2008
  • February 2008
  • January 2008
  • November 2007
  • April 2007
  • March 2007

• Blogroll

  • Concurring Opinions
  • Eric Goldman
  • Microsoft on the Issues
  • PolicyBeta
  • Privacy Lives
  • Privacy Professor
  • Protect Personal and Financial Privacy
  • The Health Care Blog
  • The Privacy Blog
  • The Privacy Place
  • The Privacy Projects
  • The Secure Times

• ABOUT

  
  
  
  Jacqueline Klosek, Senior Counsel in the Business Law Department of Goodwin Procter LLP, is a frequent author and commentator on data privacy and security. You can email her at jacquelineklosek@gmail.com

• BOOKS