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Israel and Andorra Ensures an Adequate Level of Privacy Protection

The Article 29 Data Protection Working Party released two assessments that consider Andorra and Israel a country that offers an adequate level of protection within the meaning of article 25(6) of Directive 95/46/EC on Personal Data Protection. The Council and the European Parliament have given the European Commission the power to determine, on the basis of Article 25(6) of directive 95/46/EC whether a third country ensures an adequate level of protection. The adoption of a Commission decision based on Article 25.6 of the Directive involves: "A proposal from the Commission; An opinion of the group of the national data protection commissioners (Article 29 working party); An opinion of the Article 31 Management committee delivered by a qualified majority of Member States; A thirty-day right of scrutiny for the European Parliament, to check if the Commission has used its executing powers correctly. The EP may, if it considers it appropriate, issue a recommendation; The adoption of the decision by the College of Commissioners." The effect of such a decision is that personal data can flow among those countries with an adequate level of protection.

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