Portuguese CNPD suspends transfers of Census 2021 data to the U.S.
On yet another application of the principles contained in the Schrems II case, on the 27th of April 2021, the Portuguese Data Protection Authority (CNPD) issued a decision ordering the suspension, within 12 hours, of any transfer of personal data resulting from the Census 2021 to the US, or to other third countries outside the EU not ensuring an adequate level of protection for the data.
The Census 2021 data include personal data of potentially more than 10 million data subjects (the entire population of Portugal), including health and religious data. Completing the Census 2021 is mandatory for Portuguese residents.
The CNPD concluded that, even though the transfer of personal data outside of the EEA is based on the SCCs, National Institute of Statics (INE) had not conducted a sufficient data protection impact assessment or provided for adequate additional safeguards when using the SCCs.