Summary record of the 52nd meeting of the
Committee on the Protection of Individuals with regard to the Processing of Personal Data (Article 31 Committee)
(29 September 2009)

1. The Article 31 Committee gave by very large majority a favourable opinion on the draft "Commission Decision on standard contractual clauses for the transfer of personal data to processors established in third countries, under Directive 95/46/EC and repealing Decision 2002/16/EC", with minor changes in Art. 3 d) (alignment of definition) and Art. 6 (date of entry into force), and subject to a few linguistic corrections in the EL, DE, IT, NL, EN versions.

2. Furthermore, there were some other issues put to the Committee for information:

The Commission informed the delegations that the Article 31 Committee had unanimously approved by way of written procedure on 28 September 2009 the draft "Commission Decision pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided in the Faroe Islands", subject to minor linguistic corrections in the HU and FI versions.

The Committee was furthermore informed by the Commission on the ongoing public consultation on the legal framework for the fundamental right to protection of personal data ( and invited to submit contributions until 31 December 2009.

The Committee received an up-date on the latest documents adopted by the Article 29 Working Party since February 2008. Members of the Committee were invited to subscribe to the public mailing list on to automatically receive the documents adopted by the Article 29 Working Party.

The Committee was furthermore informed by the Commission that the Article 29 Working Party plans to give its opinion as regards the level of protection of personal data in Israel and Andorra by December 2009. Furthermore, the Commission informed that in July 2008 Uruguay had addressed to the Commission a request for an adequacy finding under Article 25 (6) of Directive 95/46/EC.

A next meeting is envisaged to take place next year.

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Annex 1: List of participants

Annex 2: Agenda of the 52nd meeting
ANNEX 1

LIST OF PARTICIPANTS

Belgium / Service Public Fédéral Justice
Bulgaria / Commission on Protection of Personal Data
Czech Republic / -
Denmark / Ministry of Justice
Germany / Bundesministerium des Inneren;
Bayerisches Staatsministerium des Innern
Estonia / Ministry of Justice
Ireland / Department of Justice, Equality and Law Reform;
Permanent Representation of Ireland to the EU
Greece / Council of State
Spain / Permanent Representation of Spain to the EU
France / Ministry of Justice
Italy / Garante per la Protezione dei Dati
Cyprus / –
Latvia / Permanent Representation of Latvia to the EU
Lithuania / State Data Protection Inspectorate
Luxembourg / –
Hungary / Ministry of Justice and Law Enforcement
Malta / -
Netherlands / Ministry of Interior;
Ministry of Justice
Austria / Bundeskanzleramt
Poland / Ministry of Interior and Administration
Portugal / Ministry of Justice
Romania / National Data Protection Authority
Slovenia / Ministry of Justice
Slovakia / Office for Personal Data Protection
Finland / Ministry of Justice
Sweden / Ministry of Justice
United Kingdom / Ministry of Justice
European Commission: / DG Justice, Freedom, Security, Unit D.5
(Chair, Secretariat)

ANNEX 2

Committee on the Protection of Individuals
with regard to the Processing of Personal Data[1]

– 52nd meeting, 29 September 2009 –

10:00 hrs to 17:30 hrs
Centre Borschette (36 rue Froissart, 1040 Brussels)
Rooms AB-1A

Draft Agenda

A. General:

  1. Adoption of the draft agenda.
  2. Adoption of the draft minutes of the 51st meeting of 1 February 2008.

B. Proposed measures pursuant to Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data on which the committee is asked to give an opinion, in accordance with the management procedure provided for in Article 31 of Directive 95/46/EC:

  1. Draft Commission Decision on standard contractual clauses for the transfer of personal data to processors established in third countries, under Directive 95/46/EC and repealing Decision 2002/16/EC

C. Other issues put to the committee for information or a simple exchange of views on the chairman's initiative:

  1. Information by the Commission on the draft Commission Decision pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided in the Faroe Islands.
  2. Information by the Commission on the public consultation on the legal framework for the fundamental right to protection of personal data.
  3. Information by the Commission on recent developments of the Article 29 Working Party.
  4. Any other business.

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1

[1] Set up under Article 31 of 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, Official Journal EU L 281, 23/11/1995, p. 31 – 50.