Regulation of Transborder Data Flows under ... - Tilburg University

More documents

Recommendations

Info

Kuner/Regulation of Transborder Data Flows under Data Protection and Privacy Law 54
Kuner/Regulation of Transborder Data Flows under Data Protection and Privacy Law 55 Annex: Data Protection and Privacy Law Instruments Regulating Transborder Data Flows Note: The following Annex covers only data protection and privacy law instruments that specifically deal with transborder data flows (i.e., provisions dealing with data transfers in general are not included, except in a few special cases). With the exception of those described in section D, only legally-binding instruments that are currently in force (in most cases legislation), or influential non-binding instruments promulgated by leading international institutions, have been included. While substantial effort has been made regarding the accuracy of the citations and of the translations (most of which are taken verbatim from official sources), no guarantees are made in this regard A. International instruments (binding and non-binding) Name Provisions Text or translation (excerpts; notes are given in italics) APEC APEC Privacy Framework (can be voluntarily implemented in the 21 APEC Member Economies: Australia; Brunei Darussalam; Canada; Chile; the People's Republic of China; Hong Kong, China; Indonesia; Japan; Republic of Korea; Malaysia; Mexico; New Zealand; Papua New Guinea; Peru; The Philippines; Russia; Singapore; Chinese Taipei; Thailand; the United States of America; Council of Europe and Vietnam) Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, January 28, 1981, ETS 108 (1981) Principle IX (Accountability) A personal information controller should be accountable for complying with measures that give effect to the Principles stated above. When personal information is to be transferred to another person or organization, whether domestically or internationally, the personal information controller should obtain the consent of the individual or exercise due diligence and take reasonable steps to ensure that the recipient person or organization will protect the information consistently with these Principles. Article 12 – Transborder flows of personal data and domestic law 1. The following provisions shall apply to the transfer across national borders, by whatever medium, of personal data undergoing automatic processing or collected with a view to their being automatically processed. 2. A Party shall not, for the sole purpose of the protection of privacy, prohibit or subject to special authorisation transborder flows of personal data going to the territory of another Party. 3. Nevertheless, each Party shall be entitled to derogate from the provisions of paragraph 2: a. insofar as its legislation includes specific regulations for certain categories of personal data or of
Page 1 and 2:
TILT (TILBURG INSTITUTE FOR LAW, TE
Page 3 and 4: Kuner/Regulation of Transborder Dat
Page 53: Kuner/Regulation of Transborder Dat
show all

Regulation of Transborder Data Flows under ... - Tilburg University

Create successful ePaper yourself

Delete template?

Save as template?