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Authorisation to Transfer Personal Data to the Bailiwick of Guernsey ' September 7, 2004 [1669768]

SCHEDA
Garante per la protezione dei dati personali
Doc-Web:
1669768

[doc. web n. 1669768]

 

Authorisation to Transfer Personal Data to the Bailiwick of Guernsey – September 7, 2004
(published in the Official Journal no. 169 of July 22, 2005)

THE GARANTE PER LA PROTEZIONE DEI DATI PERSONALI

Prof. Francesco Pizzetti, President, Mr. Giuseppe Chiaravalloti, Vice-President, Mr. Mauro Paissan and Mr. Giuseppe Fortunato, Members, and Mr. Giovanni Buttarelli, Secretary General, having convened today;

Having regard to Article 25(1) and (2) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, providing that personal data may be transferred to a country outside the European Union if the third country in question ensures an adequate level of protection;

Having regard to Article 25(6) of the said Directive, providing that the European Commission may find that a third country ensures an adequate level of protection within the meaning of paragraph (2) above for the protection of the private lives and the rights and fundamental freedoms of individuals;

Having regard to the European Commission's Decision no. 2003/821/EC of November 21, 2003 as published in the Official Journal of the EC L308/27 of November 25, 2003, in which it is found that the Bailiwick of Guernsey can afford an adequate protection level to the personal data transferred from the European Union;

Whereas Member States are required to take the necessary measures to comply with the Commission's Decision in pursuance of the said Article 25(6) of the directive;

Having regard to Sections 43, 44 and 45 of the Personal Data Protection Code (legislative decree no. 196/2003), whereby the transfer of personal data to third countries may take place under any of the circumstances referred to in Section 43, or else if it is authorised by the Garante pursuant to Section 44(1) and Section 45 on the basis of adequate safeguards for the data subject's rights, which (a) may be found by the Garante also with regard to contractual safeguards, or (b) may be set out in decisions adopted by the EU Commission pursuant to Section 25(6) and Section 26(4) of Directive 95/46/EC; apart from the cases referred to in Sections 43 and 44, the transfer may take place (c) if the laws of the country of destination or transit of the data ensure an adequate level of protection of individuals within the meaning of Section 45 of the Personal Data Protection Code;

Whereas it is necessary to take the measures required to implement the Commission's Decision, in accordance with the aforementioned Section 44(1), letter b);

Whereas the legislation in force in the Bailiwick of Guernsey concerning personal data protection sets forth safeguards for data subjects' rights that, based on the assessment carried out by the European Commission, are to be considered adequate under Community law in the light of the said Section 44(1), letter b);

Having regard to Articles 2 and 3 in the Commission's Decision concerning controls and measures by Member States' data protection authorities on lawfulness and fairness of data transfers and data processing operations preceding said transfers, also in the light of the provisions made in Article 4 of Directive 95/46/EC on the national law applicable;

Having regard to the preliminary resolution adopted by the Garante on April 15, 2004;

Whereas it is necessary to publicise the aforementioned Decision further by having it published in the Official Journal of the Italian Republic as an Annex to this authorisation;

Having regard to official records;

Having regard to the considerations made by the office as submitted by the Secretary General in pursuance of Article 15 of the Garante's Regulations no. 1/2000;

Acting on the report submitted by Mr. Mauro Paissan;

BASED ON THE ABOVE PREMISES:

1) Subject to application of the additional measures set out in the Personal Data Protection Code, hereby authorises the transfer of personal data from the State's territory to the Bailiwick of Guernsey as of the date referred to in Article 6 of the European Commission's decision no. 2003/821/EC of November 21, 2003 and in compliance with the said decision;

2) Reserves the right to perform the necessary controls on lawfulness and fairness of data transfers and the processing operations preceding the said transfers in pursuance of Community law, the Personal Data Protection Code, and Article 3 of the Commission's Decision, and to issue provisions  blocking or  prohibiting the transfer, as the case may be;

3) Orders that this authorisation and the Commission's Decision annexed hereto be sent to the Publishing Department of the Ministry of Justice for them to be published in the Official Journal of the Italian Republic.

Done in Rome, this 7th day of September 2004.

THE CHAIRMAN
Rodotà

THE RAPPORTEUR
Paissan

THE SECRETARY GENERAL
Buttarelli

 

ANNEX
European Commission's Decision no. 2003/821/EC of November 21, 2003 on the adequate protection of personal data in the Bailiwick of Guernsey.