Decision 2002/2 - 2002/2/EC: Commission Decision of 20 December 2001 pursuant to Directive 95/46/EC on the adequate protection of personal data provided by the Canadian Personal Information Protection and Electronic Documents Act (notified under document number C(2001) 4539) - Main contents

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2002/2/EC: Commission Decision of 20 December 2001 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided by the Canadian Personal Information Protection and Electronic Documents Act (notified under document number C(2001) 4539)

Official Journal L 002 , 04/01/2002 P. 0013 - 0016

Commission Decision

of 20 December 2001

pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided by the Canadian Personal Information Protection and Electronic Documents Act

(notified under document number C(2001) 4539)

(2002/2/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(1), and in particular Article 25(6) thereof,

Whereas:

• (1) 

  Pursuant to Directive 95/46/EC Member States are required to provide that the transfer of personal data to a third country may take place only if the third country in question ensures an adequate level of protection and if the Member States' laws implementing other provisions of the Directive are complied with prior to the transfer.

• (2) 

  The Commission may find that a third country ensures an adequate level of protection. In that case, personal data may be transferred from the Member States without additional guarantees being necessary.

• (3) 

  Pursuant to Directive 95/46/EC the level of data protection should be assessed in the light of all the circumstances surrounding a data transfer operation or a set of data transfer operations, and in respect of given conditions. The Working Party on Protection of Individuals with regard to the processing of Personal Data established under Article 29 of Directive 95/46/EC has issued guidance on the making of such assessments(2).

• (4) 

  Given the different approaches to data protection in third countries, the adequacy assessment should be carried out and any decision based on Article 25(6) of Directive 95/46/EC should be made and enforced in a way that does not arbitrarily or unjustifiably discriminate against or between third countries where like conditions prevail nor constitute a disguised barrier to trade, regard being had to the Community's present international commitments.

• (5) 

  The Canadian Personal Information Protection and Electronic Documents Act ("the Canadian Act") of 13 April 2000(3) applies to private sector organisations that collect, use or disclose personal information in the course of commercial activities. It enters into force in three stages:

As from 1 January 2001, the Canadian Act applies to the personal information, other than personal health information, that an organisation, which is a federal work, undertaking or business, collects, uses or discloses in the course of commercial activity. These organisations are found in sectors such as airlines, banking, broadcasting, inter-provincial transportation and telecommunication. The Canadian Act also applies to all organisations that disclose personal information for consideration outside a province or outside Canada and to employee data relating to an employee in a federal work, undertaking or business.

From 1 January 2002, the Canadian Act will apply to personal health information for the organisations and activities already covered in the first stage.

As from 1 January 2004, the Canadian Act will extend to every organisation that collects, uses or discloses personal information in the course of a commercial activity, whether or not the organisation is a federally regulated business. The Canadian Act does not apply to organisations to which the Federal...

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