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Authorisation to Transfer Personal Data to the Fær Øer Islands ? 7 September 2011 [1913613]

SCHEDA
Garante per la protezione dei dati personali
Doc-Web:
1913613
Data:
07/09/11
Tipologia:
Autorizzazione

[doc. web n. 1913613]

[versione italiana]

Authorisation to Transfer Personal Data to the Fær Øer Islands – 7 September 2011
(published in the Official Journal no. of 2011)

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. Daniele De Paoli, 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 pursuant to paragraph (2) thereof;

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. 2010/146/EU of 5 March 2010 as published in the Official Journal of the EU L 58/17 of 9 March 2010, in which it is found that the Fær Øer Islands can afford an adequate protection level to the personal data transferred from the European Union to recipients that are subject to the Act on Processing Personal Data (hereinafter "the Faeroese Act");

Having regard to, in particular, Recital 6 in the Commission´s decision, whereby the scope of application of the latter is limited to the transfer of personal data from the Community to recipients in the Fær Øer Islands that are subject to the Faeroese Act;

Noting that the Faeroese Act "does not apply  to the processing of personal data in the course of an activity carried out by authorities of the Kingdom of Denmark, namely, the High Commissioner of the Faeroe Islands (Rigsombudsmanden), the Court of the Faeroe Islands (Sorenskriveren), the Commissioner of the Faeroe Islands (Politimesteren på Færøerne), the Prison and Probation Service of the Faeroe Islands (Kriminalforsorgens afdeling), the Island Command Faeroes (Færøernes Kommando) and the Chief Medical Officer of the Faeroe Islands (Landslægen).";

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 Section 44(1)b. of the Personal Data Protection Code (legislative decree no. 196/2003), whereby the transfer of personal data to third countries may take place if it is authorised by the Garante on the basis of adequate safeguards for the data subject´s rights, which may be set forth in the decisions adopted by the EU Commission pursuant to Article 25(6) and Article 26(4) of Directive 95/46/EC;

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

Whereas the data protection legislation in force in the Fær Øer Islands provides for safeguards applying to 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)b.;

Having regard to Article 3 in the Commission´s Decision concerning controls and measures by Member States´ data protection authorities on lawfulness and fairness of data transfers, partly in the light of the provisions made in Article 4 of Directive 95/46/EC on the national law applicable;

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 Rules of Procedure no. 1/2000;

Acting on the report submitted by Prof. Francesco Pizzetti;

BASED ON THE ABOVE PREMISES:

1) Authorises the transfer of personal data from the State´s territory to the Fær Øer Islands in pursuance of the European Commission´s decision no. 2010/146/EU of 5 March 2010 and in compliance with the limitations set forth therein, subject to application of the additional measures set forth in the Personal Data Protection Code;

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

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 the month of September 2011

THE PRESIDENT
Pizzetti

THE RAPPORTEUR
Pizzetti

THE SECRETARY GENERAL
De Paoli