Opinion on the Future of Personal Data Transfers from the EU/EEA to Israel & the Occupied Territories

Abstract

The opinion seeks to contribute to discussions about the future of personal data flows between the European Union on the one hand and Israel and the Occupied Territories (OTs) on the other. In that context, it seeks to contribute to the review of the 2011 EU Adequacy Decision on Israel under the EU General Data Protection Regulation (GDPR) that is currently underway. The reason to focus on Israel and the OTs is twofold. Firstly, transfers of EU personal data to this region pose special challenges in the light of international law and the EU’s policy of “differentiation” between Israel and the OTs, which has been affirmed by rulings of the Court of Justice of the EU (CJEU). Secondly, they warrant scrutiny because of Israel’s extensive surveillance activities that raise questions about potential access by Israeli state security agencies to EU citizens’ data. The July 2020 Schrems II judgment of the CJEU invalidated EU arrangements for data flows to the United States precisely because of such concerns – with clear implications in relation to other third countries including Israel. An Executive Summary is provided at the beginning of the opinion (pp. 5-7)