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Kuner/Regulation of Transborder Data Flows under Data Protection and Privacy Law 62 Country Source Text or translation (excerpts; notes are given in italics) Albania Law No. 9887 on the Protection of Personal Data (10 March 2008) Andorra Qualified Law 15/2003 of December 18, on the Protection of Personal Data, 2003 (‘LQPDP’) Article 8 International transfer 1. The international transfer of personal data is done with recipients from states which have an adequate level of personal data protection. The level of personal data protection for a state is established by assessing all circumstances related to processing, nature, purpose and duration of processing, country of origin and final destination, legal provisions and security standards in force in the recipient state. States that have an adequate level of data protection are specified by a decision of the Council of Ministers. 2. International transfer of personal data with a state that does not have an adequate level of personal data protection may be done when: a) it is authorised by international acts ratified by the Republic of Albania and are directly applicable [sic]; b) data subject has given his/her consent for the international transfer; c) it constitutes a contractual obligation concluded between the controller and data subject or a third party to the interest of the data subject; ç) it is a legal obligation of the controller; d) it is necessary for protecting vital interests of the data subject; dh) [sic] it is necessary or constitutes a legal requirement over an important public interest or for exercising and protecting a legal right; e) transfer is done from a register that is open for consultation and provides information to the general public. 3. Exchange of personal data to the diplomatic representations of foreign governments or international institutions in the Republic of Albania shall be considered an international transfer of data. Article 9 International transfer of data that need to be authorized 1. In cases other than those provided for in Article 8 herein, the international transfer of personal data with a state that does not have an adequate level of data protection, shall be carried out upon an authorization from the Commissioner. 2. The Commissioner, after making an assessment, may give the authorisation for transfer of personal data to the recipient State by defining conditions and obligations. 3. The Commissioner issues instructions in order to allow certain categories of personal data international transfer to a state that does not have an adequate level of personal data protection. In these cases, the controller is exempted from the authorization request. 4. The controller shall submit a request for authorisation to the Commissioner prior to the data transfer. In the authorization request, the controller shall guarantee the observance of the interests of the data subject to protection of confidentiality outside the Republic of Albania. Article 35 International data communications may not take place when the destination country of the data does not establish, in its regulations, a level of protection for personal data equivalent, at least, to that established by this Law.
Kuner/Regulation of Transborder Data Flows under Data Protection and Privacy Law 63 Country Source Text or translation (excerpts; notes are given in italics) Argentina Personal Data Protection Act (4 October 2000), Act no. 25,326 Armenia Law of the Republic of Armenia on Personal Data (8 October 2002) Section 12 - International transfer 1. Transfer of personal data of any kind to any country or international or supranational organisation is hereby forbidden if adequate protection is not provided. 2. This shall not apply in the following events: a) International judicial cooperation; b) Exchange of medical data, if required by the patient’s treatment, or by an epidemiological research, provided that it is carried out under the terms of sub Article e) of the previous Article; c) Bank or stock exchange transfers, relating to the respective transactions and in accordance with applicable laws; d) Whenever transfer has been agreed upon within the framework of international treaties signed by the Argentine Republic; e) Whenever the purpose of the transfer is international cooperation among intelligence organisations to fight against organized crime, terrorism and drug-trafficking. Article 6. Legality of Personal Data Processing 1. Processing of personal data is considered legal: 1) When the personal data is processed with the consent of the data subject; 2) When the personal data is processed for the protection of data subject’s critical interests when there is no basis to assume that he/she will disagree when being informed about the processing; 3) When the processing of the personal data is envisaged by legislation or is necessary for execution of law requirements; 4) When processing of the personal data is required for the protection of state and public security from immediate peril. 2. The consent of the data subject is the absolute voluntary permission to process his/her personal data expressed in any form. The data subject may withdraw his/her consent at any time. The withdrawal of consent has no retrospective [sic] effect. Article 13. Transfer of Personal Data to Foreign Countries Personal data are transferred to foreign countries according to international treaties of Armenia and on the basis stipulated under Article 6 of this Law.
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