Qué Entendemos por Transferencia Internacional De Datos Según La Última Jurispudencia Del Tribunal De Justicia De Las Comunidades Europeas

Abstract

The international transfer of personal data is a topic of special attention in Data Protection laws. All the principles and rights gathered in the same ones seriously threatened if there is not established control that establishes minimal guarantee and safety in the automated transmission or in the transference of the personal information across borders. For this to be achieved, the regulation of the limits to the transfer of information in national and international regulatory procedures has to be achieved for an adequate protection of information. Precisely, the international procedure that regulates the matter have established a basic nucleus of information protections principles, which allows to consider the applicable law to be uniform in the signatory States, allowing the flow of information towards the same ones and preventing the transmission to those countries that do not fulfil this principles. Recently, the concept of "international transfer of information" has been an object of a reformulation on the part of the ECJ, on the occasion of the Judgment Lindqvist, on having indicated that having in bill the state of Internet development in the moment of production of the Directive 95/46 and the non-existence of criteria applicable to Internet use, as the community legislators did not have the intention of including in the concept of "transfer of information to a third country" of the diffusion of information in a web page. In this respect, the object of the present study is to analyse from the perspective of the recent jurisprudence of the European Court of Justice, what is understood for international transfer of information..