Amendment LIBE #2463

Article 42 – Paragraph 5

5. Where the public authorities make use of appropriate safeguards with respect to the protection of personal data but these are not provided for in a legally binding instrument, the controller or processor as mentioned in paragraph 2 sub d a), they shall obtain prior authorisation for the transfer, or a set of transfers, or for provisions to be inserted into administrative arrangements providing the basis for such transfer. Such authorisation by the supervisory authority shall be in accordance with point (a) of Article 34(1). If the transfer is related to processing activities which concern data subjects in another Member State or other Member States, or substantially affect the free movement of personal data within the Union, the supervisory authority shall apply the consistency mechanism referred to in Article 57. Authorisations by a supervisory authority on the basis of Article 26(2) of Directive 95/46/EC shall remain valid, until amended, replaced or repealed by that supervisory authority.

Current Data Privacy Rating is : weaker    Louis Michel Belgium ALDE

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