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The Right to Data Protection and the Commission's Adequacy Decision

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Resumo:Data protection is a fundamental right protected by the EU as well as several international human rights instruments. However, an adequate relation of this right faces new challenges every day. A complicated area for the effectiveness of EU data protection law is the cross-border transfer of personal data. In European law, the main principle applicable to international data flows is the principle of adequate protection. This principle implies that a transfer to a third country/international organization is only permissible if an adequate level of protection of the personal data transferred is guaranteed. In this regard, this paper examines the application of this principle in the adequacy decisions adopted by the European Commission.
Autores principais:Araújo, Alexandra Maria Rodrigues
Assunto:European Union law Data flows Principle of adequate protection Third countries European Commission
Ano:2015
País:Portugal
Tipo de documento:artigo
Tipo de acesso:acesso aberto
Instituição associada:Universidade do Minho
Idioma:inglês
Origem:RepositóriUM - Universidade do Minho
Descrição
Resumo:Data protection is a fundamental right protected by the EU as well as several international human rights instruments. However, an adequate relation of this right faces new challenges every day. A complicated area for the effectiveness of EU data protection law is the cross-border transfer of personal data. In European law, the main principle applicable to international data flows is the principle of adequate protection. This principle implies that a transfer to a third country/international organization is only permissible if an adequate level of protection of the personal data transferred is guaranteed. In this regard, this paper examines the application of this principle in the adequacy decisions adopted by the European Commission.