10
December 2003
Eversheds e80
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The e-news service from Eversheds
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Data Protection - safe destinations update
We have previously looked on e80 at the data protection
laws in the
Channel Islands and specifically the Article 29 Working Party
recommendation that the Bailiwick of Guernsey satisfies the criteria for
having adequate protection for personal data.
We can report that the EU Commission has now added the
Bailiwick of
Guernsey (comprising Guernsey, Alderney and Sark) to the list of
countries which are deemed to provide an adequate level of protection
for data. This means that EEA countries may now export personal data to
companies located in the Bailiwick without being in breach of Principle
8 of the Data Protection Act 1998.
Safe status has been granted as a result of the entering
into force, in
August 2002, of the Data Protection (Bailiwick of Guernsey) Law 2001.
The law is complemented by 16 statutory instruments which lay down
specific rules on issues such as subject access, processing of sensitive
data and notification to the data protection authority.
It is important to remember that the Bailiwick of Guernsey
does not
include Jersey. Jersey still operates under laws similar to the Data
Protection Act 1984. Therefore, anyone dealing with the Channel Islands
must take special care not to transfer personal data to Jersey without
taking the necessary precautions required by the Data Protection Act
1998.
Additionally, the Article 29 Data Protection Working
Party has issued an
Opinion that the Isle of Man does provide an adequate level of
protection for personal data. Although this does not mean that the Isle
of Man is a safe destination for the transfer of data, it does increase
the likelihood that the European Commission will approve it as a safe
destination in the near future. The recommendation has been made as a
result of the entering into force in April 2003 of the Data Protection
Act 2002. The new Act reflects the main provisions of the Data
Protection Directive, especially those principles which form the core
of
data protection legislation. We will let you know when the European
Commission does officially approve the Isle of Man as a safe
destination.
For further information, you can follow these links to
the website of
the Data Protection Commissioner for the Bailiwick of Guernsey
http://www.dpcommission.gov.gg/ or the Data Protection Supervisor for
the Isle of Man http://www.gov.im/odps/.
Charlotte Hennessey
Charlottehennessey@eversheds.com
0113 200 4026
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