International Law

Privacy, Adequacy and Jersey

By Bartolus

The Commission has recently published its decision finding that Jersey provides an adequate level of protection for personal data transferred from the EU.

The decision is taken pursuant to Article 25 §6 of Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

As the fifth recital points out, the Bailiwick of Jersey is a British Crown dependency, is neither part of the United Kingdom nor a colony and enjoys full independence except for international relations and defence, which remain the responsibility of the British government. As a consequence, Jersey is a "third country"

The effect of the decision is that personal data can flow from the 25 EU member States and the three EEA member countries (Norway, Liechtenstein and Iceland) to Jersey without any further safeguard being necessary, in particular without requiring notification to national data protection supervisors.

This latest decision follows on from those making similar adequacy findings in respect of data transferred to Argentina, Canada, Switzerland, the USA, Guernsey and the Isle of Man.

Full post as published by EU Law Blog on May 28, 2008 (boomark / email).