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By the list of countries considered “appropriate”: the pandemic period will slow down the expansion.

By the list of countries considered “appropriate”: the pandemic period will slow down the expansion.

The Article 45 of the GDPR establishes the possibility to transfer personal data in an extra EU and EEA country if and when the country receives an authorization from the European Commission by an “adequacy decision”. At the time, like we can dispute on the official website of the European Commission, there are twelve countries whose privacy framework has been considered comparable, respect to those protection standards, to the European’s one. South Korea is added to the list of these countries, currently under Commission’s examination.
Actually, there is a well-established hesitation which effectively limitates the transference towards countries where it was not revealed an adequate legislation, also because of the recent “Schrems II ” sentence.
It seems to be evident when an adequate decision can have an impact on companies, when they decided to transfer personal data to a country considered not adequate.
These companies are obliged to use instrument required by the articles 46 and 49 of the GDPR, among with, for example, the “protection clauses”, which according to the recent sentence which has dropped the “Privacy Shield”, they will result not enough for being in order with the GDPR.
Many Countries, like Brazil, have adopted privacy legislation based on the positive influence of the European GDPR, others, like India are about to do it. It is expected, in a near future, will be launched the procedures for the European adequacy decision.
Meanwhile, the Covid-19 pandemic period has given rise to the protection of the public health, frequently by surveillance, which ask an accurate balance between privacy and public health.
This work of balance, like it is advisable from many written articles, is sometimes unbalanced in aid of surveillance respect to privacy.
In the European Union itself there has been a heated debate about tracking, both through apps and data collection by commercial activities such as restaurants, hotels, etc…
It must be asked, therefore, whether, despite the positive tendency of many nations to want to approach the standard set by the Gdpr, the Covid 19 risk may slow down if not temporarily block the process leading to the positive outcome of the adequacy decision.
The most consistent example comes from South Korea, which is currently under review for adequacy. In fact, the “Korean model” of contact tracing for Covid19 is in conflict with European privacy legislation.
Unfortunately, Covid 19 has caused a setback not only in the world economy but also in the area of privacy. The “states of exception” often lead to temporary limitations of certain rights, including Privacy.
It is likely that in the coming years, companies that want to transfer personal data to countries that have failed to do so will have to invest time and resources to use the alternative tools provided by the GDPR (e.g. BCRs and Standard Contract Clauses), which are subject to renewal.


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