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

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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…..
Kuner/Regulation of Transborder Data Flows under Data Protection and Privacy Law 65 Country Source Text or translation (excerpts; notes are given in italics) Benin Law No. 2009-09 on the Protection of Personal Data (27 April 2009) Bosnia and Herzegovina Law on the Protection of Personal Data (27 July 2001) Burkina Faso Law No. 010-2004/An Regarding the Protection of Personal Data (20 April 2004) Article 9 The data controller shall not transfer any personal data abroad unless the foreign country provides a sufficient level of protection for privacy rights and the rights and freedoms of data subjects in relation to the processing of personal data. The level of protection provided by the country shall be assessed in light of data protection laws and security measures that are applied in the foreign country, such as for the purpose, duration, nature, origin and the intended destination of the personal data. … Article 43 (h) The following processing activities are subject to prior approval and investigation by the DPA due to concerns about rights and freedoms, or circumstances where the nature or the purpose of the processing activity may have an impact on the privacy of the data subject: […] (h) Any processing activity involving the transfer of personal data to foreign countries when the process ensures a sufficient level of protection for privacy rights, rights and freedoms of data subjects, in particular standard contractual clauses or binding corporate rules. Article 8 - Data Transfer Abroad Personal data shall not be transferred from the country to a data controller or data processor abroad, whatever the data medium or the mode of transmission is, unless the conditions of Article 5 of this Law are complied with and provided that the same principles of data protection are obeyed by the foreign controller in respect of the data. NOTE: The proposed transfer abroad of special categories of data requires prior notification to the DPA (Article 11 (h)) Article 24 The transfer of personal data from the territory of Burkina Faso abroad, which is subject to automatic processing as prescribed by Article 19, is possible only if it complies with the requirements of this Act. However, in exceptional circumstances, a transfer may be authorized by decree with the approval of the DPA.
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