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

Kuner/Regulation of Transborder Data Flows under Data Protection and Privacy Law 64
Country Source Text or translation (excerpts; notes are given in italics)
Australia Privacy Act 1988, as
amended on 14
September 2006 (note:
amendments to the
Privacy Act regarding
transborder data flows
are currently being
considered)
Bahamas Data Protection
(Privacy of Personal
information) Act (11
April 2003)
Schedule 3, Principle 9 - Transborder data flows
An organisation in Australia or an external Territory may transfer
personal information about an individual to someone (other than the
organisation or the individual) who is in a foreign country only if:
(a) the organisation reasonably believes that the recipient of the
information is subject to a law, binding scheme or contract which
effectively upholds principles for fair handling of the information that are
substantially similar to the National Privacy Principles; or
(b) the individual consents to the transfer; or
(c) the transfer is necessary for the performance of a contract between the
individual and the organisation, or for the implementation of precontractual
measures taken in response to the individual’s request; or
(d) the transfer is necessary for the conclusion or performance of a
contract concluded in the interest of the individual between the
organisation and a third party; or
(e) all of the following apply:
(i) the transfer is for the benefit of the individual;
(ii) it is impracticable to obtain the consent of the individual to that
transfer;
(iii) if it were practicable to obtain such consent, the individual would be
likely to give it; or
(f) the organisation has taken reasonable steps to ensure that the
information which it has transferred will not be held, used or disclosed
by the recipient of the information inconsistently with the National
Privacy Principles.
Section 17 - Prohibition on the transfer of personal data outside
Bahamas
17.(1) The Commissioner may, subject to the provisions of this section,
prohibit the transfer of personal data from The Bahamas to a place
outside The Bahamas, in such cases where there is a failure to provide
protection either by contract or otherwise equivalent to that provided
under this Act.
(2) In determining whether to prohibit a transfer of personal data under
this section, the Commissioner shall also consider whether the transfer
would be likely to cause damage or distress to any person and have
regard to the desirability of facilitating international transfers of data.
(3) A prohibition under subsection (1) shall be effected by the service of
a notice (referred to in this Act as a prohibition notice) on the person
proposing to transfer the data concerned…..