The European Data Protection Board (EDPB) has issued guidelines on how governments within the European Economic Area (EEA) can share personal data with governments outside the EEA. The public consultation runs through April 6, 2020, and aims to supplement and enrich the guidelines where necessary to make them as practical as possible.
Specifically, the guidelines deal with the following 2 international "pass-through" instruments:
A legally binding and enforceable instrument between public authorities or bodies (Art. 46(2)(d) AVG); and
Provisions to be included in administrative arrangements between public authorities or bodies, including enforceable and effective rights of data subjects (Art. 46(3)(b) AVG).
These instruments are NOT intended for international transfers of personal data:
between government agencies and bodies both located within the EEA;
in the field of public safety, defense or state security;
by competent authorities engaged in criminal law enforcement, in line with the Police and Justice Data Protection Directive, as well as the Wpg and the Wjsg; and
from a government agency or body to a private party or vice versa.
Do you have comments or suggestions on Guidelines 2/2020 on articles 46 (2) (a) and 46 (3) (b) of Regulation 2016/679 for transfers of personal data between EEA and non-EEA public authorities and bodies? If so, please submit them to the EDPB until April 6, 2020.
The EDPB's website provides practical information on how to respond to the consultation.
This news item can also be found in the AVG file
